PRIOR PRINTER'S NOS. 225, 724 PRINTER'S NO. 1656
No. 217 Session of 2003
INTRODUCED BY GREENLEAF, HELFRICK, KUKOVICH, EARLL, COSTA, ORIE,
LEMMOND, WAGNER, LAVALLE, KITCHEN AND M. WHITE,
FEBRUARY 6, 2003
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 8, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing generally; providing for confinement with drug <--
4 treatment; establishing the Drug Treatment for Offenders
5 Program; and making a repeal. INTERMEDIATE PUNISHMENT <--
6 GUIDELINES; PROVIDING FOR STATE INTERMEDIATE PUNISHMENT
7 GUIDELINES; FURTHER PROVIDING FOR SENTENCING GENERALLY, FOR
8 PARTIAL CONFINEMENT, FOR TOTAL CONFINEMENT, FOR INTERMEDIATE
9 PUNISHMENT AND FOR MODIFICATION OF INTERMEDIATE PUNISHMENT;
10 PROVIDING FOR REVOCATION OF STATE INTERMEDIATE PUNISHMENT;
11 FURTHER PROVIDING FOR COUNTY INTERMEDIATE PUNISHMENT;
12 PROVIDING FOR STATE INTERMEDIATE PUNISHMENT; CODIFYING
13 PROVISIONS RELATING TO REPORTING FUNCTIONS OF THE DEPARTMENT
14 OF CORRECTIONS; MAKING A REPEAL RELATED TO THE CODIFICATION;
15 AND MAKING EDITORIAL CHANGES.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 9721(a) and (a.1) of Title 42 of the <--
19 Pennsylvania Consolidated Statutes are amended to read:
20 § 9721. Sentencing generally.
21 (a) General rule.--In determining the sentence to be imposed
22 the court shall, except as provided in subsection (a.1),
23 consider and select one or more of the following alternatives,
1 and may impose them consecutively or concurrently:
2 (1) An order of probation.
3 (2) A determination of guilt without further penalty.
4 (3) Partial confinement.
5 (4) Total confinement.
6 (5) A fine.
7 (6) Intermediate punishment.
8 (7) Probation with commitment to a drug offender
9 treatment program as described in Chapter 99 (relating to
10 drug treatment for offenders).
11 (a.1) Exception.--Unless specifically authorized under
12 section 9763 (relating to sentence of intermediate punishment)
13 or section 9729.1 (relating to confinement with drug treatment),
14 subsection (a) shall not apply where a mandatory minimum
15 sentence is otherwise provided by law.
16 * * *
17 Section 2. Title 42 is amended by adding a section to read:
18 § 9729.1. Confinement with drug treatment.
19 (a) General rule.--Upon motion of the Commonwealth, the
20 court may sentence an eligible offender to probation with
21 commitment to a drug offender treatment program established
22 under Chapter 99 (relating to drug treatment for offenders). The
23 court shall not impose a sentence under this section unless the
24 department determines that the eligible offender would benefit
25 from a drug offender treatment program and provides a proposed
26 drug offender treatment program for the eligible offender to the
27 court and the attorney for the Commonwealth agrees to such a
28 sentence.
29 (b) Imposition of sentence.--
30 (1) Prior to imposing a sentence, the court may, upon
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1 motion of the Commonwealth, commit an eligible offender to
2 the custody of the department for the purpose of evaluating
3 whether the eligible offender would benefit from a drug
4 offender treatment program established under Chapter 99.
5 (2) Upon committing an eligible offender to the
6 department, the court shall forward to the department:
7 (i) A summary of the offense for which the eligible
8 offender has been convicted.
9 (ii) Information relating to the eligible offender's
10 history of delinquency or criminality, when available.
11 (iii) Information relating to the eligible
12 offender's history of drug or alcohol abuse or addiction,
13 when available.
14 (iv) A presentence investigation report, when
15 available.
16 (v) Any other information the court deems relevant
17 to assist the department with its assessment of the
18 eligible offender.
19 (c) Assessment of addiction.--
20 (1) The department shall conduct an assessment of the
21 addiction and other treatment needs of the eligible offender
22 and determine whether the eligible offender would benefit
23 from a drug treatment program. The assessment shall be
24 conducted using a nationally recognized assessment instrument
25 or an instrument that has been normed and validated on the
26 department's inmate population by a recognized expert in such
27 matters. The assessment instrument shall be administered by
28 persons skilled in the treatment of drug and alcohol
29 addiction and trained to conduct assessments. The assessment
30 shall be reviewed and approved by a supervisor with at least
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1 three years of experience providing drug and alcohol
2 counseling services.
3 (2) The department shall conduct risk and other
4 assessments it deems appropriate and shall provide a report
5 of its assessment to the court and the attorney for the
6 Commonwealth within 60 days of the court's remanding the
7 eligible offender to the department.
8 (d) Proposed drug offender treatment program.--
9 (1) If the department, in its discretion, believes the
10 eligible offender would benefit from a drug offender
11 treatment program, the department shall provide the court and
12 the attorney for the Commonwealth with a proposed drug
13 offender treatment program detailing the type of treatment
14 proposed. The drug offender treatment program must provide a
15 continuum of treatment consisting of a minimum of three
16 months of treatment in an institutional therapeutic
17 community, followed by a minimum of two months and a maximum
18 of five months of treatment through a community-based
19 therapeutic community, followed by an additional period of at
20 least four months and a maximum of 12 months of treatment in
21 an outpatient addiction treatment program.
22 (2) During the outpatient addiction treatment portion of
23 the drug offender treatment program, the offender may be
24 housed in a community corrections center, group home or
25 approved transitional residence. In such cases the offender
26 must comply with any conditions established by the
27 department.
28 (3) The duration of the proposed total drug offender
29 treatment program shall not be less than 15 months nor
30 greater than 24 months. The actual number of months served
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1 for the total program and its individual components shall be
2 individually determined and based upon assessed need and
3 offender progress in the drug offender treatment program as
4 determined by the department.
5 (e) Prerequisites for commitment.--Upon receipt of a
6 recommendation for placement in a drug offender treatment
7 program from the department, and agreement of the attorney for
8 the Commonwealth, the court may sentence the eligible offender
9 to a definite period of 24 months probation, a condition of
10 which shall be that the eligible offender be committed for a
11 minimum of 15 months to a drug offender treatment program if the
12 court finds that:
13 (1) the eligible offender is likely to benefit from the
14 proposed drug offender treatment program;
15 (2) public safety would be enhanced by the eligible
16 offender's participation in the drug offender treatment
17 program; and
18 (3) sentencing the eligible offender to probation with
19 commitment to a drug offender treatment program would not
20 depreciate the seriousness of the offense.
21 (f) Applicability and program limitations.--
22 (1) The provisions of section 9756(b) (relating to
23 sentence of total confinement) shall not apply to the total
24 duration of the drug offender treatment program or the
25 specific periods of confinement in a State correctional
26 institution and prerelease components of a drug offender
27 treatment program.
28 (2) The court may not modify or alter the terms of the
29 department's proposed drug offender treatment program without
30 the agreement of the department and the attorney for the
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1 Commonwealth. The total duration of the drug offender
2 treatment program may not exceed the maximum term for which
3 the eligible offender could otherwise be sentenced.
4 (3) The court may impose a consecutive period of
5 postprogram probation following the eligible offender's
6 successful completion of the drug offender treatment program.
7 (4) Notwithstanding section 17 of the act of August 6,
8 1941 (P.L.861, No.323), referred to as the Pennsylvania Board
9 of Probation and Parole Law, any remaining period of
10 probation upon successful completion of the drug offender
11 treatment program and any postprogram probationary period
12 shall be supervised by the sentencing court.
13 (g) Videoconferencing.--The department shall make
14 videoconferencing facilities available to allow the court to
15 conduct proceedings necessary under this section when the
16 eligible offender has been committed to the custody of the
17 department pursuant to subsection (b).
18 (h) Sentence following failure to complete or expulsion from
19 a drug offender treatment program.--
20 (1) Notwithstanding any other provision of law requiring
21 notice prior to sentencing, if an eligible offender fails to
22 complete or is expelled from a drug offender treatment
23 program established pursuant to Chapter 99 or otherwise
24 violates the terms of probation, the attorney for the
25 Commonwealth may file notice at any time prior to
26 resentencing of the Commonwealth's intention to proceed under
27 an applicable provision of law requiring a mandatory minimum
28 sentence, if the original offense is subject to such a
29 sentence.
30 (2) The court, upon determining that the eligible
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1 offender failed to complete or was expelled from the drug
2 offender treatment program established by Chapter 99 or
3 otherwise violated the terms of probation, may not impose a
4 sentence which exceeds the maximum statutory limit allowed by
5 law.
6 (i) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Department." The Department of Corrections of the
10 Commonwealth.
11 "Eligible offender." The term shall have the meaning given
12 to it in Chapter 99 (relating to drug treatment for offenders).
13 Section 3. Title 42 is amended by adding a chapter to read:
14 CHAPTER 99
15 DRUG TREATMENT FOR OFFENDERS
16 Sec.
17 9901. Short title of chapter.
18 9902. Findings and purpose.
19 9903. Definitions.
20 9904. Drug Offender Treatment Program.
21 9905. Reports.
22 9906. Construction.
23 § 9901. Short title of chapter.
24 This chapter shall be known and may be cited as the Drug
25 Treatment for Offenders Act.
26 § 9902. Findings and purpose.
27 The General Assembly finds as follows:
28 (1) Many crimes are committed by persons who, because of
29 their addiction to drugs or alcohol, are unable to maintain
30 gainful employment.
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1 (2) These persons often commit crimes as a means of
2 obtaining the funds necessary to purchase drugs or alcohol.
3 (3) Many persons commit crimes while under the influence
4 of drugs or alcohol even though they are not addicted to such
5 substances in a clinical sense.
6 (4) Punishing persons who commit crimes is an important
7 aspect of recognizing the harm that criminals visit upon
8 their victims.
9 (5) Many people who commit crimes will be able to become
10 law-abiding, contributing members of society if they are able
11 to obtain treatment for their drug or alcohol addiction or
12 abuse.
13 (6) The purpose of this chapter is to create a program
14 that punishes persons who commit crimes, but also provides
15 treatment that offers the opportunity for those persons to
16 address their drug or alcohol abuse and thereby reduce the
17 incidents of recidivism and enhance public safety.
18 § 9903. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Commission." The Pennsylvania Commission on Sentencing.
23 "Community-based therapeutic community." A long-term
24 residential addiction treatment program licensed by the
25 Department of Health to provide addiction treatment services
26 using a therapeutic community model and determined by the
27 Department of Corrections to be qualified to provide addiction
28 treatment to eligible offenders.
29 "Community corrections center." A residential program that
30 is supervised and operated by the Department of Corrections for
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1 inmates with prerelease status and who are on parole.
2 "Court." The trial judge exercising sentencing jurisdiction
3 over an eligible offender under this chapter.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Drug Offender Treatment Program" or "program." An
7 individualized treatment program established by the Department
8 of Corrections consisting primarily of drug and alcohol
9 addiction treatment that satisfies the terms and conditions
10 listed in section 9904 (relating to Drug Offender Treatment
11 Program).
12 "Drug-related offense." A criminal offense for which an
13 eligible offender is convicted and that the court determines was
14 motivated by the eligible offender's consumption of or addiction
15 to a controlled substance, counterfeit, designer drug, drug,
16 immediate precursor or marihuana, as those terms are defined in
17 the act of April 14, 1972 (P.L.233, No.64), known as The
18 Controlled Substance, Drug, Device and Cosmetic Act, or by the
19 offender's consumption or addiction to alcohol.
20 "Eligible offender." Subject to section 9721(a.1) (relating
21 to sentencing generally), an offender designated by the
22 sentencing court as a person convicted of a drug-related offense
23 who:
24 (1) May be in need of addiction treatment.
25 (2) Would otherwise be sentenced to a State correctional
26 institution.
27 (3) Does not demonstrate a history of present or past
28 violent behavior.
29 (4) Has undergone an assessment performed by the
30 Department of Corrections which assessment has recommended
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1 that the offender would benefit from commitment to a drug
2 offender treatment program.
3 The term shall not include an offender who is subject to a
4 sentence the calculation of which includes an enhancement for
5 the use of a deadly weapon as defined pursuant to law or the
6 sentencing guidelines promulgated by the Pennsylvania Commission
7 on Sentencing, or an offender who was sentenced or is awaiting
8 sentence for any violation, attempted violation or conspiracy to
9 commit a personal injury crime as defined in section 103 of the
10 act of November 24, 1998 (P.L.882, No.111), known as the Crime
11 Victims Act.
12 "Group home." A residential program that is contracted out
13 by the Department of Corrections to a private service provider
14 for inmates with prerelease status and who are on parole.
15 "Institutional therapeutic community." A residential drug
16 treatment program using a therapeutic community model, conducted
17 in a State correctional institution where the treatment modality
18 is a purposive use of the community as the primary method for
19 facilitating social and psychological change.
20 "Outpatient addiction treatment program." An addiction
21 treatment program licensed by the Department of Health and
22 designated by the Department of Corrections as qualified to
23 provide addiction treatment to criminal justice offenders.
24 "Participant." An eligible offender actually sentenced to
25 probation with commitment to a drug offender treatment program
26 pursuant to section 9729.1 (relating to confinement with drug
27 treatment).
28 "Postprogram probationary period." An optional period of
29 probation following the 24-month definite period of probation
30 provided for in section 9729.1(e) (relating to confinement with
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1 drug treatment).
2 "Remaining period of probation." That portion of the 24-
3 month definite probation period remaining after the Department
4 of Corrections determines that the eligible offender has
5 successfully completed the drug offender treatment program and
6 released the eligible offender.
7 § 9904. Drug Offender Treatment Program.
8 (a) Establishment.--The department shall establish the Drug
9 Offender Treatment Program. The program may be administered only
10 at State correctional institutions, community corrections
11 centers or group homes, and community-based therapeutic
12 communities and outpatient addiction treatment programs
13 designated by the department as drug offender treatment centers.
14 (b) Terms and conditions.--The drug offender treatment
15 program shall include the following:
16 (1) The duration of the program shall not be less than
17 15 months nor more than 24 months, with the actual time of
18 any particular eligible offender's program being based upon
19 individually assessed needs and progress in the drug offender
20 treatment program as determined by the department.
21 (2) A period of confinement in a State correctional
22 institution of not less than six months of which not less
23 than three months shall be in an institutional therapeutic
24 community.
25 (3) A period of treatment through a community-based
26 therapeutic community of at least two to five months.
27 (4) An additional period of at least four to 12 months
28 treatment through an outpatient addiction treatment program.
29 During the outpatient addiction treatment portion of the drug
30 offender treatment program, the offender may be housed in a
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1 community corrections center, group home or approved
2 transitional residence.
3 (5) A plan of drug and alcohol addiction treatment
4 designed primarily to address the addiction of the eligible
5 offender, but which also may address other issues essential
6 to the offender's successful reintegration into the community
7 such as educational and employment issues.
8 (c) Participation.--
9 (1) An eligible offender sentenced pursuant to section
10 9729.1 (relating to confinement with drug treatment) may
11 participate in the program.
12 (2) The commission shall employ the term "eligible
13 offender" to further identify inmates who would be
14 appropriate for participation in the program. In developing
15 the guidelines, the commission shall give primary
16 consideration to protection of the public safety.
17 (3) Upon motion of the Commonwealth, the court shall
18 employ the sentencing guidelines to identify those offenders
19 who are eligible to participate in the program.
20 (4) The department shall develop written guidelines for
21 inmate selection criteria and the establishment of drug
22 offender treatment program selection committees within each
23 diagnostic and classification center of the department. The
24 guidelines shall not be subject to the act of June 25, 1982
25 (P.L.633, No.181), known as the Regulatory Review Act, and
26 shall be effective for a period of two years upon publication
27 in the Pennsylvania Bulletin. The guidelines shall be
28 replaced by regulations promulgated by the department
29 consistent with the Regulatory Review Act within the two-year
30 period during which the guidelines are effective.
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1 (5) A participant shall provide a written consent
2 permitting release of information pertaining to the
3 participation in a drug offender treatment program. The
4 consent shall permit information to be released to the
5 courts, other Federal and State criminal justice agencies and
6 to persons or organizations that are or may provide
7 continuing care or treatment to the participant.
8 (d) Completion of program.--
9 (1) (i) On or before the expiration of the minimum
10 period of the drug treatment program requiring
11 confinement in a State correctional institution, the
12 department shall determine whether a participant has
13 successfully completed the treatment recommended to occur
14 in an institutional therapeutic community. The department
15 may place the participant in a community-based
16 therapeutic community when the department determines that
17 the participant has satisfactorily completed the
18 treatment recommended to occur in the institutional
19 therapeutic community.
20 (ii) If the department determines that the
21 participant has not satisfactorily completed the
22 treatment recommended to occur in the institutional
23 therapeutic community, the department may continue to
24 confine the participant in a State correctional
25 institution until the participant has successfully
26 completed such treatment. If the department determines
27 that, after a period of continued confinement, the
28 offender is eligible for treatment in a community-based
29 therapeutic community, such treatment may commence in
30 accordance with the provisions of this chapter.
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1 (2) (i) On or before the expiration of the minimum
2 period of treatment in a community-based therapeutic
3 community, the department shall determine whether a
4 participant has successfully completed the treatment
5 recommended to occur in the community-based therapeutic
6 community. The department may place the participant in an
7 outpatient addiction treatment program when the
8 department determines that the participant has
9 satisfactorily completed the treatment recommended to
10 occur in a community-based therapeutic community.
11 (ii) If the department determines that the
12 participant has not satisfactorily completed the
13 treatment recommended to occur in a community-based
14 therapeutic community, the department may continue to
15 house the participant in a community-based therapeutic
16 community until the participant has successfully
17 completed such treatment. If the department determines
18 that, after a period of continued treatment in a
19 community-based therapeutic community, the offender is
20 eligible for treatment in an outpatient addiction
21 program, such treatment may commence in accordance with
22 the provisions of this chapter.
23 (3) The department may house the eligible offender in a
24 community corrections center, group home or approved
25 transitional residence while the eligible offender is
26 participating in an outpatient addiction treatment program
27 and may impose conditions upon the participant's placement in
28 such housing.
29 (e) Right of refusal to admit.--A community-based
30 therapeutic community or outpatient addiction treatment facility
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1 may refuse to accept a criminal justice referral if the program
2 administrator deems the participant to be inappropriate for
3 admission to the program and may immediately discharge to the
4 custody of the department any participant who fails to comply
5 with program rules and treatment expectations or who refuses to
6 constructively engage in the treatment process.
7 (f) Notice to court of completion of program.--
8 (1) When the department determines that an eligible
9 offender has successfully completed the program, it shall
10 notify the sentencing court and release the eligible offender
11 to serve any remaining period of probation or postprogram
12 probation imposed by the sentencing court.
13 (2) The department shall provide to the court and the
14 Commonwealth attorney such information and reports as
15 necessary to transition the participant who has successfully
16 completed the program to any remaining probation or
17 postprogram probation imposed by the court.
18 (3) The sentencing court shall determine the conditions,
19 if any, governing both the remaining period of probation upon
20 completion of the program and any period of postprogram
21 probation imposed by the sentencing court.
22 (g) Suspension and expulsion from program.--
23 (1) A participant may be suspended or expelled from the
24 program in accordance with guidelines established by the
25 department, including failure to comply with administrative
26 or disciplinary procedures or requirements set forth by the
27 department.
28 (2) The department shall promptly notify the court and
29 the attorney for the Commonwealth of the expulsion of a
30 participant from the program and the reason for such
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1 expulsion.
2 (3) The department shall request that the court schedule
3 a probation revocation hearing upon the expulsion of a
4 participant from the program.
5 (4) The court shall revoke the probation of a
6 participant who is expelled or fails to complete, for any
7 reason, the program, even if the participant's term of
8 postprogram probation has not commenced. Nothing in this
9 chapter shall be construed to preclude the anticipatory
10 revocation of a participant's probation for any other reasons
11 allowed by law.
12 (5) Upon a violation of probation for any reason
13 specified by law, the attorney for the Commonwealth may file
14 notice, at any time prior to resentencing of the
15 Commonwealth's intention to proceed under an applicable
16 provision of law requiring a mandatory minimum sentence as
17 provided in section 9729.1.
18 (6) The court, upon determining that the offender failed
19 to complete or was expelled from the drug offender treatment
20 program established by this chapter or otherwise violated the
21 terms of probation, may not impose a sentence which exceeds
22 the maximum statutory sentence allowed by law.
23 (7) Victims of crime shall be notified by the Office of
24 Victim Advocate when an eligible offender is resentenced by
25 the court for failure to complete or is expelled from the
26 program established by this chapter.
27 § 9905. Reports.
28 (a) Final report.--The department shall provide a final
29 report to the court and the Commonwealth attorney as to a
30 participant's progress in the program.
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1 (b) Joint report to General Assembly.--The department and
2 commission shall provide a joint report on the program to the
3 General Assembly every other year beginning one year after the
4 effective date of this chapter. The report shall include:
5 (1) The number of offenders evaluated for the program.
6 (2) The number of offenders sentenced to the program.
7 (3) The number of offenders sentenced to a State
8 correctional institution who may have been eligible for the
9 program.
10 (4) The number of offenders successfully completing the
11 program.
12 (5) Any changes the department and commission believe
13 will make the program more effective.
14 § 9906. Construction.
15 Notwithstanding any other provision of law to the contrary,
16 this chapter shall not be construed to:
17 (1) Confer any legal right upon any individual,
18 including an individual participating in the drug offender
19 treatment program, to:
20 (i) participate in a drug offender treatment
21 program;
22 (ii) continue participation in a drug offender
23 treatment program;
24 (iii) modify the contents of the drug offender
25 treatment program; or
26 (iv) file any cause of action in any court
27 challenging the department's determination that a
28 participant has successfully completed or failed to
29 successfully complete treatment to be provided during
30 either the confinement or prerelease portions of a drug
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1 offender treatment program.
2 (2) Enlarge or limit the right of a participant to
3 appeal the participant's sentence.
4 Section 4. All acts and parts of acts are repealed insofar
5 as they are inconsistent with 42 Pa.C.S. Ch. 99.
6 Section 5. This act shall take effect in 180 days.
7 SECTION 1. SECTION 2151 OF TITLE 42 OF THE PENNSYLVANIA <--
8 CONSOLIDATED STATUTES IS REPEALED.
9 SECTION 2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
10 § 2151.1 DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
12 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
13 CONTEXT CLEARLY INDICATES OTHERWISE:
14 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING
15 ESTABLISHED IN SECTION 2151.1 (RELATING TO COMMISSION).
16 § 2151.2. COMMISSION.
17 (A) GENERAL RULE.--THE COMMISSION SHALL BE ESTABLISHED AS AN
18 AGENCY OF THE GENERAL ASSEMBLY AND SHALL CONSIST OF 11 PERSONS
19 SELECTED AS PROVIDED IN THIS SUBCHAPTER.
20 (B) SEAL.--THE COMMISSION SHALL HAVE A SEAL ENGRAVED WITH
21 ITS NAME AND SUCH OTHER INSCRIPTION AS MAY BE SPECIFIED BY
22 REGULATION OF THE COMMISSION.
23 SECTION 3. SECTION 2154.1 OF TITLE 42 IS AMENDED TO READ:
24 § 2154.1. ADOPTION OF GUIDELINES FOR COUNTY INTERMEDIATE
25 PUNISHMENT.
26 THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY OFFENDERS
27 WHO WOULD BE ELIGIBLE AND APPROPRIATE FOR PARTICIPATION IN
28 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. THESE GUIDELINES SHALL
29 BE CONSIDERED BY THE SENTENCING COURT IN DETERMINING WHETHER TO
30 SENTENCE AN OFFENDER PURSUANT TO SECTION 9763 (RELATING TO
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1 SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT). THE GUIDELINES
2 SHALL:
3 (1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED
4 IN [SECTION 9729 (RELATING TO INTERMEDIATE PUNISHMENT).]
5 CHAPTER 98 (RELATING TO COUNTY INTERMEDIATE PUNISHMENT).
6 (2) GIVE PRIMARY CONSIDERATION TO PROTECTION OF THE
7 PUBLIC SAFETY.
8 SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
9 § 2154.2. ADOPTION OF GUIDELINES FOR STATE INTERMEDIATE
10 PUNISHMENT.
11 THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY OFFENDERS
12 WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN STATE INTERMEDIATE
13 PUNISHMENT PROGRAMS. THESE GUIDELINES SHALL BE CONSIDERED BY THE
14 ATTORNEY FOR THE COMMONWEALTH AND THE SENTENCING COURT IN
15 DETERMINING WHETHER TO COMMIT A DEFENDANT FOR EVALUATION AND
16 WHETHER TO SENTENCE AN ELIGIBLE OFFENDER PURSUANT TO CHAPTER 99
17 (RELATING TO STATE INTERMEDIATE PUNISHMENT). THE GUIDELINES
18 SHALL:
19 (1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED
20 IN CHAPTER 99.
21 (2) GIVE PRIMARY CONSIDERATION TO PROTECTION OF THE
22 PUBLIC SAFETY.
23 SECTION 5. SECTIONS 9721(A) AND (A.1), 9755(H), 9756(C.1),
24 9763(A) AND (C) AND 9773 OF TITLE 42 ARE AMENDED TO READ:
25 § 9721. SENTENCING GENERALLY.
26 (A) GENERAL RULE.--IN DETERMINING THE SENTENCE TO BE IMPOSED
27 THE COURT SHALL, EXCEPT AS PROVIDED IN SUBSECTION (A.1),
28 CONSIDER AND SELECT ONE OR MORE OF THE FOLLOWING ALTERNATIVES,
29 AND MAY IMPOSE THEM CONSECUTIVELY OR CONCURRENTLY:
30 (1) AN ORDER OF PROBATION.
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1 (2) A DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.
2 (3) PARTIAL CONFINEMENT.
3 (4) TOTAL CONFINEMENT.
4 (5) A FINE.
5 (6) [INTERMEDIATE] COUNTY INTERMEDIATE PUNISHMENT.
6 (7) STATE INTERMEDIATE PUNISHMENT.
7 (A.1) EXCEPTION.--[UNLESS SPECIFICALLY AUTHORIZED UNDER
8 SECTION 9763 (RELATING TO SENTENCE OF INTERMEDIATE PUNISHMENT),]
9 (1) UNLESS SPECIFICALLY AUTHORIZED UNDER SECTION 9763
10 (RELATING TO A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) OR
11 CHAPTER 99 (RELATING TO STATE INTERMEDIATE PUNISHMENT),
12 SUBSECTION (A) SHALL NOT APPLY WHERE A MANDATORY MINIMUM
13 SENTENCE IS OTHERWISE PROVIDED BY LAW.
14 (2) AN ELIGIBLE OFFENDER MAY BE SENTENCED TO STATE
15 INTERMEDIATE PUNISHMENT PURSUANT TO SUBSECTION (A)(7) AND AS
16 DESCRIBED IN CHAPTER 99, EVEN IF A MANDATORY MINIMUM SENTENCE
17 WOULD OTHERWISE BE PROVIDED BY LAW.
18 * * *
19 § 9755. SENTENCE OF PARTIAL CONFINEMENT.
20 * * *
21 (H) SENTENCE OF PARTIAL CONFINEMENT COMBINED WITH SENTENCE
22 OF COUNTY INTERMEDIATE PUNISHMENT.--THE COURT MAY IMPOSE A
23 SENTENCE OF PARTIAL CONFINEMENT WITHOUT PAROLE UNDER THIS
24 SUBSECTION ONLY WHEN:
25 (1) THE PERIOD OF PARTIAL CONFINEMENT IS FOLLOWED
26 IMMEDIATELY BY A SENTENCE IMPOSED PURSUANT TO SECTION 9763
27 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) IN
28 WHICH CASE THE SENTENCE OF PARTIAL CONFINEMENT SHALL SPECIFY
29 THE NUMBER OF DAYS OF PARTIAL CONFINEMENT TO BE SERVED; AND
30 (2) THE MAXIMUM SENTENCE OF PARTIAL CONFINEMENT IMPOSED
20030S0217B1656 - 20 -
1 ON ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR
2 CONCURRENTLY TOTAL 90 DAYS OR LESS.
3 § 9756. SENTENCE OF TOTAL CONFINEMENT.
4 * * *
5 (C.1) SENTENCE OF TOTAL CONFINEMENT COMBINED WITH SENTENCE
6 OF COUNTY INTERMEDIATE PUNISHMENT.--THE COURT MAY IMPOSE A
7 SENTENCE OF IMPRISONMENT WITHOUT PAROLE UNDER THIS SUBSECTION
8 ONLY WHEN:
9 (1) THE PERIOD OF TOTAL CONFINEMENT IS FOLLOWED
10 IMMEDIATELY BY A SENTENCE IMPOSED PURSUANT TO SECTION 9763
11 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) IN
12 WHICH CASE THE SENTENCE OF TOTAL CONFINEMENT SHALL SPECIFY
13 THE NUMBER OF DAYS OF TOTAL CONFINEMENT ALSO TO BE SERVED;
14 AND
15 (2) THE MAXIMUM SENTENCE OF TOTAL CONFINEMENT IMPOSED ON
16 ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR CONCURRENTLY
17 TOTAL 90 DAYS OR LESS.
18 * * *
19 § 9763. SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT.
20 (A) GENERAL RULE.--IN IMPOSING A SENTENCE OF COUNTY
21 INTERMEDIATE PUNISHMENT, THE COURT SHALL SPECIFY AT THE TIME OF
22 SENTENCING THE LENGTH OF THE TERM FOR WHICH THE DEFENDANT IS TO
23 BE IN [AN] A COUNTY INTERMEDIATE PUNISHMENT PROGRAM ESTABLISHED
24 UNDER CHAPTER 98 (RELATING TO COUNTY INTERMEDIATE PUNISHMENT) OR
25 A COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. THE
26 TERM MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE DEFENDANT
27 COULD BE CONFINED AND THE PROGRAM TO WHICH THE DEFENDANT IS
28 SENTENCED. THE COURT MAY ORDER A DEFENDANT TO SERVE A PORTION OF
29 THE SENTENCE UNDER SECTION 9755 (RELATING TO SENTENCE OF PARTIAL
30 CONFINEMENT) OR 9756 (RELATING TO SENTENCE OF TOTAL CONFINEMENT)
20030S0217B1656 - 21 -
1 AND TO SERVE A PORTION IN [AN] A COUNTY INTERMEDIATE PUNISHMENT
2 PROGRAM OR A COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT
3 PROGRAMS.
4 * * *
5 (C) RESTRICTION.--
6 (1) [A DEFENDANT SUBJECT TO] ANY PERSON RECEIVING A
7 PENALTY IMPOSED PURSUANT TO 75 PA.C.S. § 1543(B) (RELATING TO
8 DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED),
9 FORMER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER INFLUENCE
10 OF ALCOHOL OR CONTROLLED SUBSTANCE) OR 75 PA.C.S. § 3804
11 (RELATING TO PENALTIES) FOR A FIRST, SECOND OR THIRD OFFENSE
12 UNDER 75 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING
13 ALCOHOL OR UTILIZING DRUGS) MAY ONLY BE SENTENCED TO COUNTY
14 INTERMEDIATE PUNISHMENT[:
15 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
16 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING
17 ALCOHOL OR UTILIZING DRUGS); AND
18 (II) AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S.
19 § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).]
20 AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S. § 3814
21 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
22 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
23 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
24 COUNTY INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION
25 IN DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
26 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY BE
27 COMBINED WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
28 PARTIAL CONFINEMENT PROGRAM SUCH AS WORK RELEASE, A WORK CAMP
29 OR A HALFWAY FACILITY.] THE DEFENDANT MAY ONLY BE SENTENCED
30 TO COUNTY INTERMEDIATE PUNISHMENT IN:
20030S0217B1656 - 22 -
1 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
2 REHABILITATIVE CENTER;
3 (II) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;
4 (III) A PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK
5 RELEASE, WORK CAMP AND HALFWAY FACILITY; OR
6 (IV) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
7 THIS PARAGRAPH.
8 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
9 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
10 SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT [BY] IN:
11 (I) HOUSE ARREST [OR] WITH ELECTRONIC SURVEILLANCE;
12 (II) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
13 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
14 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
15 THIS [SUBSECTION] PARAGRAPH.
16 * * *
17 § 9773. MODIFICATION OR REVOCATION OF COUNTY INTERMEDIATE
18 PUNISHMENT SENTENCE.
19 (A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A
20 SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT OR INCREASE OR
21 DECREASE THE CONDITIONS OF A SENTENCE PURSUANT TO SECTION 9763
22 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT).
23 (B) REVOCATION.--THE COURT MAY REVOKE A SENTENCE OF COUNTY
24 INTERMEDIATE PUNISHMENT UPON PROOF OF A VIOLATION OF SPECIFIC
25 CONDITIONS OF THE SENTENCE. UPON REVOCATION AND SUBJECT TO
26 SECTION 9763(D) [(RELATING TO SENTENCE OF INTERMEDIATE
27 PUNISHMENT)], THE SENTENCING ALTERNATIVES AVAILABLE TO THE COURT
28 SHALL BE THE SAME AS THE ALTERNATIVES AVAILABLE AT THE TIME OF
29 INITIAL SENTENCING. UPON A REVOCATION OF COUNTY INTERMEDIATE
30 PUNISHMENT FOR ANY REASON SPECIFIED BY LAW, THE ATTORNEY FOR THE
20030S0217B1656 - 23 -
1 COMMONWEALTH MAY FILE NOTICE, AT ANY TIME PRIOR TO RESENTENCING,
2 OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER AN APPLICABLE
3 PROVISION OF LAW REQUIRING A MANDATORY MINIMUM SENTENCE.
4 CONSIDERATION SHALL BE GIVEN TO THE TIME SERVED IN THE COUNTY
5 INTERMEDIATE PUNISHMENT PROGRAM.
6 (C) HEARING REQUIRED.--A COURT SHALL NOT REVOKE OR INCREASE
7 THE CONDITIONS OF A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT
8 WITHOUT A HEARING AT WHICH THE COURT SHALL CONSIDER THE RECORD
9 OF THE INITIAL SENTENCING PROCEEDING AS WELL AS THE CONDUCT OF
10 THE DEFENDANT WHILE SERVING A SENTENCE OF COUNTY INTERMEDIATE
11 PUNISHMENT. A HEARING IS NOT REQUIRED TO DECREASE THE CONDITIONS
12 OF THE SENTENCE.
13 SECTION 6. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
14 § 9774. REVOCATION OF STATE INTERMEDIATE PUNISHMENT SENTENCE.
15 (A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A
16 SENTENCE OF STATE INTERMEDIATE PUNISHMENT PURSUANT TO CHAPTER 99
17 (RELATING TO STATE INTERMEDIATE PUNISHMENT).
18 (B) REVOCATION.--THE COURT SHALL REVOKE A SENTENCE OF STATE
19 INTERMEDIATE PUNISHMENT IF AFTER A HEARING IT DETERMINES THAT
20 THE PARTICIPANT WAS EXPELLED FROM OR FAILED TO COMPLETE THE
21 PROGRAM.
22 (C) PROCEEDINGS UPON REVOCATION.--UPON REVOCATION OF A STATE
23 INTERMEDIATE PUNISHMENT SENTENCE, THE SENTENCING ALTERNATIVES
24 AVAILABLE TO THE COURT SHALL BE THE SAME AS THE ALTERNATIVES
25 AVAILABLE AT THE TIME OF INITIAL SENTENCING. THE ATTORNEY FOR
26 THE COMMONWEALTH MUST FILE NOTICE, AT ANY TIME PRIOR TO
27 RESENTENCING, OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER
28 AN APPLICABLE PROVISION OF LAW REQUIRING A MANDATORY MINIMUM
29 SENTENCE.
30 SECTION 7. SECTION 9804(B) OF TITLE 42 IS AMENDED TO READ:
20030S0217B1656 - 24 -
1 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
2 * * *
3 (B) ELIGIBILITY.--
4 (1) NO PERSON OTHER THAN THE ELIGIBLE OFFENDER SHALL BE
5 SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
6 (2) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
7 EMPLOY THE TERM "ELIGIBLE OFFENDER" TO FURTHER IDENTIFY
8 OFFENDERS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN
9 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. IN DEVELOPING THE
10 GUIDELINES, THE COMMISSION SHALL GIVE PRIMARY CONSIDERATION
11 TO PROTECTION OF THE PUBLIC SAFETY.
12 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
13 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
14 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 3804
15 (RELATING TO PENALTIES) OR 3808(A)(2) (RELATING TO
16 ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
17 IGNITION INTERLOCK) SHALL UNDERGO AN ASSESSMENT UNDER 75
18 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
19 ASSESSMENTS).
20 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
21 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO COUNTY
22 INTERMEDIATE PUNISHMENT SHALL INCLUDE PARTICIPATION IN
23 DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
24 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY
25 BE COMBINED WITH HOUSE ARREST WITH ELECTRONIC
26 SURVEILLANCE OR A PARTIAL CONFINEMENT PROGRAM SUCH AS
27 WORK RELEASE, A WORK CAMP OR A HALFWAY FACILITY.] THE
28 DEFENDANT MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
29 PUNISHMENT IN:
30 (A) A RESIDENTIAL INPATIENT PROGRAM OR A
20030S0217B1656 - 25 -
1 RESIDENTIAL REHABILITATIVE CENTER;
2 (B) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;
3 (C) A PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK
4 RELEASE, WORK CAMP AND HALFWAY FACILITY; OR
5 (D) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
6 THIS SUBPARAGRAPH.
7 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN
8 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
9 ONLY BE SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT
10 PROGRAM IN:
11 (A) HOUSE ARREST [AND] WITH ELECTRONIC
12 SURVEILLANCE;
13 (B) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
14 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
15 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
16 THIS PARAGRAPH.
17 (5) A DEFENDANT SUBJECT TO 75 PA.C.S. § 3804 (RELATING
18 TO PENALTIES) MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
19 PUNISHMENT FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
20 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR
21 UTILIZING DRUGS).
22 SECTION 8. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
23 CHAPTER 99
24 STATE INTERMEDIATE PUNISHMENT
25 SEC.
26 9901. SCOPE OF CHAPTER.
27 9902. FINDINGS AND PURPOSE.
28 9903. DEFINITIONS.
29 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
30 9905. DRUG OFFENDER TREATMENT PROGRAM.
20030S0217B1656 - 26 -
1 9906. WRITTEN GUIDELINES AND REGULATIONS.
2 9907. REPORTS.
3 9908. CONSTRUCTION.
4 9909. EVALUATION.
5 § 9901. SCOPE OF CHAPTER.
6 THIS CHAPTER RELATES TO STATE INTERMEDIATE PUNISHMENT.
7 § 9902. FINDINGS AND PURPOSE.
8 THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
9 (1) MANY CRIMES ARE COMMITTED BY PERSONS WHO, BECAUSE OF
10 THEIR ADDICTION TO DRUGS OR ALCOHOL, ARE UNABLE TO MAINTAIN
11 GAINFUL EMPLOYMENT.
12 (2) THESE PERSONS OFTEN COMMIT CRIMES AS A MEANS OF
13 OBTAINING THE FUNDS NECESSARY TO PURCHASE DRUGS OR ALCOHOL.
14 (3) MANY PERSONS COMMIT CRIMES WHILE UNDER THE INFLUENCE
15 OF DRUGS OR ALCOHOL EVEN THOUGH THEY ARE NOT ADDICTED TO SUCH
16 SUBSTANCES IN A CLINICAL SENSE.
17 (4) PUNISHING PERSONS WHO COMMIT CRIMES IS AN IMPORTANT
18 ASPECT OF RECOGNIZING THE HARM THAT CRIMINALS VISIT UPON
19 THEIR VICTIMS.
20 (5) MANY PEOPLE WHO COMMIT CRIMES WILL BE ABLE TO BECOME
21 LAW-ABIDING, CONTRIBUTING MEMBERS OF SOCIETY IF THEY ARE ABLE
22 TO OBTAIN TREATMENT FOR THEIR DRUG OR ALCOHOL ADDICTION OR
23 ABUSE.
24 (6) THE PURPOSE OF THIS CHAPTER IS TO CREATE A PROGRAM
25 THAT PUNISHES PERSON WHO COMMIT CRIMES, BUT ALSO PROVIDES
26 TREATMENT THAT OFFERS THE OPPORTUNITY FOR THOSE PERSONS TO
27 ADDRESS THEIR DRUG OR ALCOHOL ADDICTION OR ABUSE AND THEREBY
28 REDUCE THE INCIDENTS OF RECIDIVISM AND ENHANCE PUBLIC SAFETY.
29 § 9903. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
20030S0217B1656 - 27 -
1 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING.
4 "COMMUNITY-BASED THERAPEUTIC COMMUNITY." A LONG-TERM
5 RESIDENTIAL ADDICTION TREATMENT PROGRAM LICENSED BY THE
6 DEPARTMENT OF HEALTH TO PROVIDE ADDICTION TREATMENT SERVICES
7 USING A THERAPEUTIC COMMUNITY MODEL AND DETERMINED BY THE
8 DEPARTMENT OF CORRECTIONS TO BE QUALIFIED TO PROVIDE ADDICTION
9 TREATMENT TO ELIGIBLE OFFENDERS.
10 "COMMUNITY CORRECTIONS CENTER." A RESIDENTIAL PROGRAM THAT
11 IS SUPERVISED AND OPERATED BY THE DEPARTMENT OF CORRECTIONS FOR
12 INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
13 "COURT." THE TRIAL JUDGE EXERCISING SENTENCING JURISDICTION
14 OVER AN ELIGIBLE OFFENDER UNDER THIS CHAPTER OR THE PRESIDENT
15 JUDGE IF THE ORIGINAL TRIAL JUDGE IS NO LONGER SERVING AS A
16 JUDGE OF THE SENTENCING COURT.
17 "DEFENDANT." AN INDIVIDUAL CHARGED WITH A DRUG-RELATED
18 OFFENSE.
19 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
20 COMMONWEALTH.
21 "DRUG OFFENDER TREATMENT PROGRAM." AN INDIVIDUALIZED
22 TREATMENT PROGRAM ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS
23 CONSISTING PRIMARILY OF DRUG AND ALCOHOL ADDICTION TREATMENT
24 THAT SATISFIES THE TERMS AND CONDITIONS LISTED IN SECTION 9905
25 (RELATING TO DRUG OFFENDER TREATMENT PROGRAM).
26 "DRUG-RELATED OFFENSE." A CRIMINAL OFFENSE FOR WHICH A
27 DEFENDANT IS CONVICTED AND THAT THE COURT DETERMINES WAS
28 MOTIVATED BY THE DEFENDANT'S CONSUMPTION OF OR ADDICTION TO
29 ALCOHOL OR A CONTROLLED SUBSTANCE, COUNTERFEIT, DESIGNER DRUG,
30 DRUG, IMMEDIATE PRECURSOR OR MARIHUANA, AS THOSE TERMS ARE
20030S0217B1656 - 28 -
1 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
2 THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
3 "ELIGIBLE OFFENDER." SUBJECT TO SECTION 9721(A.1) (RELATING
4 TO SENTENCING GENERALLY), A DEFENDANT DESIGNATED BY THE
5 SENTENCING COURT AS A PERSON CONVICTED OF A DRUG-RELATED OFFENSE
6 WHO:
7 (1) HAS UNDERGONE AN ASSESSMENT PERFORMED BY THE
8 DEPARTMENT OF CORRECTIONS WHICH ASSESSMENT HAS CONCLUDED THAT
9 THE DEFENDANT IS IN NEED OF DRUG AND ALCOHOL ADDICTION
10 TREATMENT AND WOULD BENEFIT FROM COMMITMENT TO A DRUG
11 OFFENDER TREATMENT PROGRAM AND THAT PLACEMENT IN A DRUG
12 OFFENDER TREATMENT PROGRAM WOULD BE APPROPRIATE.
13 (2) DOES NOT DEMONSTRATE A HISTORY OF PRESENT OR PAST
14 VIOLENT BEHAVIOR.
15 (3) WOULD BE PLACED IN THE CUSTODY OF THE DEPARTMENT IF
16 NOT SENTENCED TO STATE INTERMEDIATE PUNISHMENT.
17 (4) PROVIDES WRITTEN CONSENT PERMITTING RELEASE OF
18 INFORMATION PERTAINING TO THE DEFENDANT'S PARTICIPATION IN A
19 DRUG OFFENDER TREATMENT PROGRAM.
20 THE TERM SHALL NOT INCLUDE A DEFENDANT WHO IS SUBJECT TO A
21 SENTENCE THE CALCULATION OF WHICH INCLUDES AN ENHANCEMENT FOR
22 THE USE OF A DEADLY WEAPON, AS DEFINED PURSUANT TO LAW OR THE
23 SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION
24 ON SENTENCING, OR A DEFENDANT WHO HAS BEEN CONVICTED OF A
25 PERSONAL INJURY CRIME AS DEFINED IN SECTION 103 OF THE ACT OF
26 NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS
27 ACT, OR AN ATTEMPT OR CONSPIRACY TO COMMIT SUCH A CRIME OR WHO
28 HAS BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 4302 (RELATING TO
29 INCEST), 5901 (RELATING TO OPEN LEWDNESS), 6312 (RELATING TO
30 ABUSE OF CHILDREN), 6318 (RELATING TO UNLAWFUL CONTACT WITH
20030S0217B1656 - 29 -
1 MINOR), 6320 (RELATING TO SEXUAL EXPLOITATION OF CHILDREN) OR
2 CH. 76 SUBCH. C (RELATING TO INTERNET CHILD PORNOGRAPHY).
3 "EXPULSION." THE PERMANENT REMOVAL OF A PARTICIPANT FROM A
4 DRUG OFFENDER TREATMENT PROGRAM.
5 "GROUP HOME." A RESIDENTIAL PROGRAM THAT IS CONTRACTED OUT
6 BY THE DEPARTMENT OF CORRECTIONS TO A PRIVATE SERVICE PROVIDER
7 FOR INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
8 "INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN." AN
9 INDIVIDUALIZED ADDICTION TREATMENT PLAN WITHIN THE FRAMEWORK OF
10 THE DRUG OFFENDER TREATMENT PROGRAM.
11 "INSTITUTIONAL THERAPEUTIC COMMUNITY." A RESIDENTIAL DRUG
12 TREATMENT PROGRAM IN A STATE CORRECTIONAL INSTITUTION,
13 ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT OF DRUG AND
14 ALCOHOL ABUSE AND ADDICTION BY THE AMERICAN CORRECTIONAL
15 ASSOCIATION OR OTHER NATIONALLY RECOGNIZED ACCREDITATION
16 ORGANIZATION FOR THERAPEUTIC COMMUNITY DRUG AND ALCOHOL
17 ADDICTION TREATMENT.
18 "OUTPATIENT ADDICTION TREATMENT FACILITY." AN ADDICTION
19 TREATMENT FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND
20 DESIGNATED BY THE DEPARTMENT OF CORRECTIONS AS QUALIFIED TO
21 PROVIDE ADDICTION TREATMENT TO CRIMINAL JUSTICE OFFENDERS.
22 "PARTICIPANT." AN ELIGIBLE OFFENDER ACTUALLY SENTENCED TO
23 STATE INTERMEDIATE PUNISHMENT PURSUANT TO SECTION 9721(A)(7)
24 (RELATING TO SENTENCING GENERALLY).
25 "TRANSITIONAL RESIDENCE." A RESIDENCE INVESTIGATED AND
26 APPROVED BY THE DEPARTMENT OF CORRECTIONS AS APPROPRIATE FOR
27 HOUSING A PARTICIPANT IN A DRUG OFFENDER TREATMENT PROGRAM.
28 § 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
29 (A) REFERRAL FOR EVALUATION.--
30 (1) PRIOR TO IMPOSING A SENTENCE, THE COURT MAY, UPON
20030S0217B1656 - 30 -
1 MOTION OF THE COMMONWEALTH AND AGREEMENT OF THE DEFENDANT,
2 COMMIT A DEFENDANT TO THE CUSTODY OF THE DEPARTMENT FOR THE
3 PURPOSE OF EVALUATING WHETHER THE DEFENDANT WOULD BENEFIT
4 FROM A DRUG OFFENDER TREATMENT PROGRAM AND WHETHER PLACEMENT
5 IN THE DRUG OFFENDER TREATMENT PROGRAM IS APPROPRIATE.
6 (2) UPON COMMITTING A DEFENDANT TO THE DEPARTMENT, THE
7 COURT SHALL FORWARD TO THE DEPARTMENT:
8 (I) A SUMMARY OF THE OFFENSE FOR WHICH THE DEFENDANT
9 HAS BEEN CONVICTED.
10 (II) INFORMATION RELATING TO THE DEFENDANT'S HISTORY
11 OF DELINQUENCY OR CRIMINALITY, INCLUDING THE INFORMATION
12 MAINTAINED BY THE COURT PURSUANT TO CHAPTER 63 (RELATING
13 TO JUVENILE MATTERS), WHEN AVAILABLE.
14 (III) INFORMATION RELATING TO THE DEFENDANT'S
15 HISTORY OF DRUG OR ALCOHOL ABUSE OR ADDICTION, WHEN
16 AVAILABLE.
17 (IV) A PRESENTENCE INVESTIGATION REPORT, WHEN
18 AVAILABLE.
19 (V) ANY OTHER INFORMATION THE COURT DEEMS RELEVANT
20 TO ASSIST THE DEPARTMENT WITH ITS ASSESSMENT OF THE
21 DEFENDANT.
22 (B) ASSESSMENT OF ADDICTION.--
23 (1) THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT OF THE
24 ADDICTION AND OTHER TREATMENT NEEDS OF A DEFENDANT AND
25 DETERMINE WHETHER THE DEFENDANT WOULD BENEFIT FROM A DRUG
26 OFFENDER TREATMENT PROGRAM. THE ASSESSMENT SHALL BE CONDUCTED
27 USING A NATIONALLY RECOGNIZED ASSESSMENT INSTRUMENT OR AN
28 INSTRUMENT THAT HAS BEEN NORMED AND VALIDATED ON THE
29 DEPARTMENT'S INMATE POPULATION BY A RECOGNIZED EXPERT IN SUCH
30 MATTERS. THE ASSESSMENT INSTRUMENT SHALL BE ADMINISTERED BY
20030S0217B1656 - 31 -
1 PERSONS SKILLED IN THE TREATMENT OF DRUG AND ALCOHOL
2 ADDICTION AND TRAINED TO CONDUCT ASSESSMENTS. THE ASSESSMENTS
3 SHALL BE REVIEWED AND APPROVED BY A SUPERVISOR WITH AT LEAST
4 THREE YEARS OF EXPERIENCE PROVIDING DRUG AND ALCOHOL
5 COUNSELING SERVICES.
6 (2) THE DEPARTMENT SHALL CONDUCT RISK AND OTHER
7 ASSESSMENTS IT DEEMS APPROPRIATE AND SHALL PROVIDE A REPORT
8 OF ITS ASSESSMENT TO THE COURT, THE DEFENDANT, THE ATTORNEY
9 FOR THE COMMONWEALTH AND THE COMMISSION WITHIN 60 DAYS OF THE
10 COURT'S COMMITMENT OF THE DEFENDANT TO THE CUSTODY OF THE
11 DEPARTMENT.
12 (C) PROPOSED DRUG OFFENDER TREATMENT PROGRAM.--IF THE
13 DEPARTMENT, IN ITS DISCRETION, BELIEVES A DEFENDANT WOULD
14 BENEFIT FROM A DRUG OFFENDER TREATMENT PROGRAM AND PLACEMENT IN
15 THE DRUG OFFENDER TREATMENT PROGRAM IS APPROPRIATE, THE
16 DEPARTMENT SHALL PROVIDE THE COURT, THE DEFENDANT, THE ATTORNEY
17 FOR THE COMMONWEALTH AND THE COMMISSION WITH A PROPOSED DRUG
18 OFFENDER TREATMENT PROGRAM DETAILING THE TYPE OF TREATMENT
19 PROPOSED.
20 (D) PREREQUISITES FOR COMMITMENT.--UPON RECEIPT OF A
21 RECOMMENDATION FOR PLACEMENT IN A DRUG OFFENDER TREATMENT
22 PROGRAM FROM THE DEPARTMENT, AND AGREEMENT OF THE ATTORNEY FOR
23 THE COMMONWEALTH AND THE DEFENDANT, THE COURT MAY SENTENCE AN
24 ELIGIBLE OFFENDER TO A PERIOD OF 24 MONTHS OF STATE INTERMEDIATE
25 PUNISHMENT IF THE COURT FINDS THAT:
26 (1) THE ELIGIBLE OFFENDER IS LIKELY TO BENEFIT FROM
27 STATE INTERMEDIATE PUNISHMENT.
28 (2) PUBLIC SAFETY WOULD BE ENHANCED BY THE ELIGIBLE
29 OFFENDER'S PARTICIPATION IN STATE INTERMEDIATE PUNISHMENT.
30 (3) SENTENCING THE ELIGIBLE OFFENDER TO STATE
20030S0217B1656 - 32 -
1 INTERMEDIATE PUNISHMENT WOULD NOT DEPRECIATE THE SERIOUSNESS
2 OF THE OFFENSE.
3 (E) CONSECUTIVE PROBATION.--NOTHING IN THIS CHAPTER SHALL
4 PROHIBIT THE COURT FROM SENTENCING AN ELIGIBLE OFFENDER TO A
5 CONSECUTIVE PERIOD OF PROBATION. THE TOTAL DURATION OF THE
6 SENTENCE MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE ELIGIBLE
7 OFFENDER COULD OTHERWISE BE SENTENCED.
8 (F) APPLICABILITY AND PROGRAM LIMITATIONS.--THE COURT MAY
9 NOT MODIFY OR ALTER THE TERMS OF THE DEPARTMENT'S PROPOSED
10 INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN WITHOUT THE
11 AGREEMENT OF THE DEPARTMENT AND THE ATTORNEY FOR THE
12 COMMONWEALTH.
13 (G) VIDEOCONFERENCING.--THE DEPARTMENT SHALL MAKE
14 VIDEOCONFERENCING FACILITIES AVAILABLE TO ALLOW THE COURT TO
15 CONDUCT PROCEEDINGS NECESSARY UNDER THIS SECTION WHEN THE
16 ELIGIBLE OFFENDER HAS BEEN COMMITTED TO THE CUSTODY OF THE
17 DEPARTMENT PURSUANT TO SUBSECTION (B).
18 § 9905. DRUG OFFENDER TREATMENT PROGRAM.
19 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND
20 ADMINISTER A DRUG OFFENDER TREATMENT PROGRAM AS A STATE
21 INTERMEDIATE PUNISHMENT. THE PROGRAM SHALL BE DESIGNED TO
22 ADDRESS THE INDIVIDUALLY ASSESSED DRUG AND ALCOHOL ABUSE AND
23 ADDICTION NEEDS OF A PARTICIPANT AND SHALL ADDRESS OTHER ISSUES
24 ESSENTIAL TO THE PARTICIPANT'S SUCCESSFUL REINTEGRATION INTO THE
25 COMMUNITY, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL AND
26 EMPLOYMENT ISSUES.
27 (B) DURATION AND COMPONENTS.--NOTWITHSTANDING ANY CREDIT TO
28 WHICH THE DEFENDANT MAY BE ENTITLED UNDER SECTION 9760 (RELATING
29 TO CREDIT FOR TIME SERVED), THE DURATION OF THE DRUG OFFENDER
30 TREATMENT PROGRAM SHALL BE 24 MONTHS AND SHALL INCLUDE THE
20030S0217B1656 - 33 -
1 FOLLOWING:
2 (1) A PERIOD IN A STATE CORRECTIONAL INSTITUTION OF NOT
3 LESS THAN SEVEN MONTHS. THIS PERIOD SHALL INCLUDE:
4 (I) THE TIME DURING WHICH THE DEFENDANTS ARE BEING
5 EVALUATED BY THE DEPARTMENT UNDER SECTION 9904(B)
6 (RELATING TO REFERRAL TO STATE INTERMEDIATE PUNISHMENT
7 PROGRAM).
8 (II) FOLLOWING EVALUATION UNDER SUBPARAGRAPH (I),
9 NOT LESS THAN FOUR MONTHS SHALL BE IN AN INSTITUTIONAL
10 THERAPEUTIC COMMUNITY.
11 (2) A PERIOD OF TREATMENT IN A COMMUNITY-BASED
12 THERAPEUTIC COMMUNITY OF AT LEAST TWO MONTHS.
13 (3) A PERIOD OF AT LEAST SIX MONTHS' TREATMENT THROUGH
14 AN OUTPATIENT ADDICTION TREATMENT FACILITY. DURING THE
15 OUTPATIENT ADDICTION TREATMENT PERIOD OF THE DRUG OFFENDER
16 TREATMENT PROGRAM, THE PARTICIPANT MAY BE HOUSED IN A
17 COMMUNITY CORRECTIONS CENTER OR GROUP HOME OR PLACED IN AN
18 APPROVED TRANSITIONAL RESIDENCE. THE PARTICIPANT MUST COMPLY
19 WITH ANY CONDITIONS ESTABLISHED BY THE DEPARTMENT REGARDLESS
20 OF WHERE THE PARTICIPANT RESIDES DURING THE OUTPATIENT
21 ADDICTION TREATMENT PORTION OF THE DRUG OFFENDER TREATMENT
22 PROGRAM.
23 (4) A PERIOD OF SUPERVISED REINTEGRATION INTO THE
24 COMMUNITY FOR THE BALANCE OF THE DRUG OFFENDER TREATMENT
25 PROGRAM, DURING WHICH THE PARTICIPANT SHALL CONTINUE TO BE
26 SUPERVISED BY THE DEPARTMENT AND COMPLY WITH ANY CONDITIONS
27 IMPOSED BY THE DEPARTMENT.
28 (C) PROGRAM MANAGEMENT.--
29 (1) CONSISTENT WITH THE MINIMUM TIME REQUIREMENTS SET
30 FORTH IN SUBSECTION (B), THE DEPARTMENT MAY TRANSFER, AT ITS
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1 DISCRETION, A PARTICIPANT BETWEEN A STATE CORRECTIONAL
2 INSTITUTION, AN INSTITUTIONAL THERAPEUTIC COMMUNITY, A
3 COMMUNITY-BASED THERAPEUTIC COMMUNITY, AN OUTPATIENT
4 ADDICTION TREATMENT PROGRAM AND AN APPROVED TRANSITIONAL
5 RESIDENCE. THE DEPARTMENT MAY ALSO TRANSFER A PARTICIPANT
6 BACK AND FORTH BETWEEN LESS RESTRICTIVE AND MORE RESTRICTIVE
7 SETTINGS BASED UPON THE PARTICIPANT'S PROGRESS OR REGRESSION
8 IN TREATMENT OR FOR MEDICAL, DISCIPLINARY OR OTHER
9 ADMINISTRATIVE REASONS.
10 (2) THIS SUBSECTION SHALL BE CONSTRUED TO PROVIDE THE
11 DEPARTMENT WITH THE MAXIMUM FLEXIBILITY TO ADMINISTER THE
12 DRUG OFFENDER TREATMENT PROGRAM BOTH AS A WHOLE AND FOR
13 INDIVIDUAL PARTICIPANTS.
14 (D) RIGHT OF REFUSAL TO ADMIT.--THE ADMINISTRATOR OF A
15 COMMUNITY-BASED THERAPEUTIC COMMUNITY OR OUTPATIENT ADDICTION
16 TREATMENT FACILITY MAY REFUSE TO ACCEPT A PARTICIPANT WHOM THE
17 ADMINISTRATOR DEEMS TO BE INAPPROPRIATE FOR ADMISSION AND MAY
18 IMMEDIATELY DISCHARGE TO THE CUSTODY OF THE DEPARTMENT ANY
19 PARTICIPANT WHO FAILS TO COMPLY WITH FACILITY RULES AND
20 TREATMENT EXPECTATIONS OR REFUSES TO CONSTRUCTIVELY ENGAGE IN
21 THE TREATMENT PROCESS.
22 (E) NOTICE TO COURT OF COMPLETION OF PROGRAM.--WHEN THE
23 DEPARTMENT DETERMINES THAT A PARTICIPANT HAS SUCCESSFULLY
24 COMPLETED THE DRUG OFFENDER TREATMENT PROGRAM, IT SHALL NOTIFY
25 THE SENTENCING COURT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
26 COMMISSION.
27 (F) EXPULSION FROM PROGRAM.--
28 (1) A PARTICIPANT MAY BE EXPELLED FROM THE DRUG OFFENDER
29 TREATMENT PROGRAM AT ANY TIME IN ACCORDANCE WITH GUIDELINES
30 ESTABLISHED BY THE DEPARTMENT, INCLUDING FAILURE TO COMPLY
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1 WITH ADMINISTRATIVE OR DISCIPLINARY PROCEDURES OR
2 REQUIREMENTS SET FORTH BY THE DEPARTMENT.
3 (2) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE COURT, THE
4 DEFENDANT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
5 COMMISSION OF THE EXPULSION OF A PARTICIPANT FROM THE DRUG
6 OFFENDER TREATMENT PROGRAM AND THE REASON FOR SUCH EXPULSION.
7 THE PARTICIPANT SHALL BE HOUSED IN A STATE CORRECTIONAL
8 INSTITUTION OR COUNTY JAIL PENDING ACTION BY THE COURT.
9 (3) THE COURT SHALL SCHEDULE A PROMPT STATE INTERMEDIATE
10 PUNISHMENT REVOCATION HEARING PURSUANT TO SECTION 9774
11 (RELATING TO REVOCATION OF STATE INTERMEDIATE PUNISHMENT
12 SENTENCE).
13 § 9906. WRITTEN GUIDELINES AND REGULATIONS.
14 THE DEPARTMENT SHALL DEVELOP WRITTEN GUIDELINES FOR
15 PARTICIPANT SELECTION CRITERIA, THE ESTABLISHMENT OF DRUG
16 OFFENDER TREATMENT PROGRAM SELECTION COMMITTEES WITHIN EACH
17 DIAGNOSTIC AND CLASSIFICATION CENTER OF THE DEPARTMENT, AND
18 SHALL ADDRESS SUSPENSIONS AND EXPULSIONS FROM THE DRUG OFFENDER
19 TREATMENT PROGRAM. THE GUIDELINES SHALL NOT BE SUBJECT TO THE
20 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
21 REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD OF TWO YEARS
22 UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
23 SHALL BE REPLACED BY REGULATIONS PROMULGATED BY THE DEPARTMENT
24 CONSISTENT WITH THE REGULATORY REVIEW ACT WITHIN THE TWO-YEAR
25 PERIOD DURING WHICH THE GUIDELINES ARE EFFECTIVE. THE
26 REGULATIONS SHALL INCLUDE A REQUIREMENT THAT COMMUNITY-BASED
27 THERAPEUTIC COMMUNITIES UTILIZED IN THE DRUG OFFENDER TREATMENT
28 PROGRAM BE ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT
29 OF DRUG AND ALCOHOL ABUSE AND ADDICTION BY THE COMMISSION ON
30 ACCREDITATION OF REHABILITATION FACILITIES OR OTHER NATIONALLY
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1 RECOGNIZED ACCREDITATION ORGANIZATION FOR COMMUNITY-BASED
2 THERAPEUTIC COMMUNITIES FOR DRUG AND ALCOHOL ADDICTION
3 TREATMENT.
4 § 9907. REPORTS.
5 (A) FINAL REPORT.--THE DEPARTMENT SHALL PROVIDE A FINAL
6 REPORT TO THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
7 COMMONWEALTH AND THE COMMISSION ON A PARTICIPANT'S PROGRESS IN
8 THE DRUG OFFENDER TREATMENT PROGRAM.
9 (B) EVALUATION AND REPORT TO GENERAL ASSEMBLY.--THE
10 DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE THE
11 DRUG OFFENDER TREATMENT PROGRAM TO ENSURE THAT THE PROGRAMMATIC
12 OBJECTIVES ARE MET. IN ODD-NUMBERED YEARS, THE DEPARTMENT SHALL
13 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
14 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
15 REPRESENTATIVES NO LATER THAN FEBRUARY 1. IN EVEN-NUMBERED
16 YEARS, THE COMMISSION SHALL PRESENT A REPORT OF ITS EVALUATION
17 TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE JUDICIARY
18 COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER THAN FEBRUARY
19 1. THE REPORT SHALL INCLUDE:
20 (1) THE NUMBER OF OFFENDERS EVALUATED FOR THE DRUG
21 OFFENDER TREATMENT PROGRAM.
22 (2) THE NUMBER OF OFFENDERS SENTENCED TO THE DRUG
23 OFFENDER TREATMENT PROGRAM.
24 (3) THE NUMBER OF OFFENDERS SENTENCED TO A STATE
25 CORRECTIONAL INSTITUTION WHO MAY HAVE BEEN ELIGIBLE FOR THE
26 DRUG OFFENDER TREATMENT PROGRAM.
27 (4) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING THE
28 DRUG OFFENDER TREATMENT PROGRAM.
29 (5) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-YEAR
30 RECIDIVISM RATES FOR OFFENDERS WHO HAVE COMPLETED THE DRUG
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1 OFFENDER TREATMENT PROGRAM AND FOR A COMPARISON GROUP OF
2 OFFENDERS WHO WERE NOT PLACED IN THE DRUG OFFENDER TREATMENT
3 PROGRAM.
4 (6) ANY CHANGES THE DEPARTMENT OR THE COMMISSION
5 BELIEVES WILL MAKE THE DRUG OFFENDER TREATMENT PROGRAM MORE
6 EFFECTIVE.
7 § 9908. CONSTRUCTION.
8 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
9 THIS CHAPTER SHALL NOT BE CONSTRUED TO:
10 (1) CONFER ANY LEGAL RIGHT UPON ANY INDIVIDUAL,
11 INCLUDING AN INDIVIDUAL PARTICIPATING IN THE DRUG OFFENDER
12 TREATMENT PROGRAM, TO:
13 (I) PARTICIPATE IN A DRUG OFFENDER TREATMENT
14 PROGRAM;
15 (II) CONTINUE PARTICIPATION IN A DRUG OFFENDER
16 TREATMENT PROGRAM;
17 (III) MODIFY THE CONTENTS OF THE DRUG OFFENDER
18 TREATMENT PROGRAM; OR
19 (IV) FILE ANY CAUSE OF ACTION IN ANY COURT
20 CHALLENGING THE DEPARTMENT'S DETERMINATION THAT A
21 PARTICIPANT BE SUSPENDED OR EXPELLED FROM OR THAT A
22 PARTICIPANT HAS SUCCESSFULLY COMPLETED OR FAILED TO
23 SUCCESSFULLY COMPLETE TREATMENT TO BE PROVIDED DURING ANY
24 PORTION OF A DRUG OFFENDER TREATMENT PROGRAM.
25 (2) ENLARGE OR LIMIT THE RIGHT OF A PARTICIPANT TO
26 APPEAL THE PARTICIPANT'S SENTENCE.
27 § 9909. EVALUATION.
28 THE DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE
29 THE MOTIVATIONAL BOOT CAMP PROGRAM UNDER THE ACT OF DECEMBER 19,
30 1990 (P.L.1391, NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP
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1 ACT, TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. IN EVEN
2 NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF ITS
3 EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE
4 JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
5 THAN FEBRUARY 1. IN ODD NUMBERED YEARS, THE COMMISSION SHALL
6 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
7 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
8 REPRESENTATIVES NO LATER THAN FEBRUARY 1.
9 SECTION 9. THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
10 TO THE EXTENT SPECIFIED:
11 SECTION 5(E) OF THE ACT OF DECEMBER 19, 1990 (P.L.1391,
12 NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP ACT, ABSOLUTELY.
13 ALL OTHER ACTS AND PARTS OF ACTS, INSOFAR AS THEY ARE
14 INCONSISTENT WITH THE ADDITION OF 42 PA.C.S. CH. 99.
15 SECTION 10. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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