PRINTER'S NO. 2394
No. 4 Session of 2007
INTRODUCED BY D. O'BRIEN, MARSICO, MANDERINO, BAKER, BASTIAN, BENNINGHOFF, BRENNAN, CAPPELLI, CLYMER, DALLY, DENLINGER, EVERETT, FABRIZIO, FAIRCHILD, GIBBONS, HALUSKA, HARHAI, HARPER, HERSHEY, HICKERNELL, KENNEY, KIRKLAND, KOTIK, KULA, MAHONEY, MANN, McGEEHAN, O'NEILL, RAPP, ROHRER, SABATINA, SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, SONNEY, STAIRS, THOMAS, TRUE, WANSACZ, WATSON AND YUDICHAK, AUGUST 21, 2007
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 21, 2007
AN ACT 1 Amending Titles 42 (Judiciary and Judicial Procedure) and 44 2 (Law and Justice) of the Pennsylvania Consolidated Statutes, 3 providing for definitions of "board" and "department"; 4 further providing for composition of the Pennsylvania 5 Commission on Sentencing and for powers and duties; providing 6 for adoption of guidelines for resentencing, adoption of 7 guidelines for parole and adoption of recommitment ranges 8 following revocation of parole by the Pennsylvania Board of 9 Probation and Parole; further providing for publication of 10 guidelines, for sentencing generally, for sentence of total 11 confinement, for sentencing proceeding and place of 12 confinement, for information required upon commitment and 13 subsequent disposition and for referral to State intermediate 14 punishment program; and providing for recidivism risk 15 reduction incentive. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Section 2151.1 of Title 42 of the Pennsylvania 19 Consolidated Statutes is amended by adding definitions to read: 20 § 2151.1. Definitions. 21 The following words and phrases when used in this subchapter 22 shall have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Board." The Pennsylvania Board of Probation and Parole. 3 * * * 4 "Department." The Department of Corrections of the 5 Commonwealth. 6 Section 2. Section 2152 of Title 42 is amended by adding a 7 subsection to read: 8 § 2152. Composition of commission. 9 * * * 10 (a.1) Ex officio members.--The Secretary of Corrections and 11 the chairman of the board, during their tenure in their 12 respective positions, shall serve as ex officio nonvoting 13 members of the commission. 14 * * * 15 Section 3. Section 2153(a)(7), (9), (10), (11), (12), (13) 16 and (14) of Title 42 are amended to read: 17 § 2153. Powers and duties. 18 (a) General rule.--The commission, pursuant to rules and 19 regulations, shall have the power to: 20 * * * 21 (7) Establish a research and development program within 22 the commission for the purpose of: 23 (i) Serving as a clearinghouse and information 24 center for the collection, preparation and dissemination 25 of appropriate information on Commonwealth sentencing, 26 resentencing and parole practices. 27 (ii) Assisting and serving in a consulting capacity 28 to the board, State courts, departments and agencies in 29 the development, maintenance and coordination of sound 30 sentencing [practices], resentencing and parole 20070H0004B2394 - 2 -
1 practices. 2 * * * 3 (9) Publish data concerning the sentencing and parole 4 processes. 5 (10) Collect systematically and disseminate information 6 concerning parole dispositions and sentences actually 7 imposed. 8 (11) Collect systematically and disseminate information 9 regarding effectiveness of parole dispositions and sentences 10 imposed. 11 (12) Make recommendations to the General Assembly 12 concerning modification or enactment of sentencing, parole 13 and correctional statutes which the commission finds to be 14 necessary and advisable to carry out an effective, humane and 15 rational sentencing, resentencing and parole policy. 16 (13) Establish a plan and timetable to collect and 17 disseminate information relating to incapacitation, 18 recidivism, deterrence and overall effectiveness of sentences 19 and parole dispositions imposed. 20 (14) Establish a program to systematically monitor 21 compliance with the guidelines and with mandatory sentencing 22 laws by: 23 (i) Promulgating forms which document the 24 application of [the] sentencing, resentencing and parole 25 guidelines or mandatory sentencing laws, or both. 26 (ii) Requiring the timely completion and submission 27 of such forms to the commission. 28 * * * 29 Section 4. Title 42 is amended by adding sections to read: 30 § 2154.3. Adoption of guidelines for resentencing. 20070H0004B2394 - 3 -
1 The commission shall adopt guidelines that shall be 2 considered by the court when resentencing an offender following 3 revocation of probation, county intermediate punishment or State 4 intermediate punishment. The guidelines shall take into account 5 factors considered in adopting the sentencing guidelines, the 6 seriousness of the violation and the rehabilitative needs of the 7 defendant. 8 § 2154.4. Adoption of guidelines for parole. 9 (a) Adoption.--The commission shall adopt guidelines that 10 shall be considered by the board and any other paroling entity 11 when exercising its power to parole and reparole all persons 12 sentenced by any court in this Commonwealth to imprisonment in 13 any State or county penitentiary, prison or penal institution. 14 The guidelines shall do all of the following: 15 (1) Give primary consideration to the protection of the 16 public and to victim safety. 17 (2) Provide for due consideration of victim input. 18 (3) Be designed to encourage inmates and parolees to 19 conduct themselves in accordance with conditions and rules of 20 conduct set forth by the department or other prison 21 facilities and the board. 22 (4) Be designed to encourage inmates and parolees to 23 participate in programs that have been demonstrated to be 24 effective in reducing recidivism, including appropriate drug 25 and alcohol treatment programs. 26 (5) Provide for prioritization of incarceration, 27 rehabilitation and other criminal justice resources for 28 offenders posing the greatest risk to public safety. 29 (6) Use validated risk assessment tools, be evidence 30 based and take into account available research relating to 20070H0004B2394 - 4 -
1 the risk of recidivism, minimizing the threat posed to public 2 safety and factors maximizing the success of reentry. 3 (b) Discretionary authority.--Notwithstanding any other 4 provision of law, this section shall not remove the 5 discretionary parole authority of the board and any other 6 paroling entity when exercising its power to parole and 7 reparole. 8 § 2154.5. Adoption of recommitment ranges following revocation 9 of parole by board. 10 (a) Recommitment ranges.--The commission shall adopt 11 recommitment ranges that shall be considered by the board when 12 exercising its power to reparole, commit and recommit for 13 violations of parole any person sentenced by a court in this 14 Commonwealth to imprisonment in any prison or penal institution 15 of this Commonwealth, including State or county penitentiaries, 16 prisons or penal institutions. The recommitment ranges shall 17 take into account the seriousness of the initial conviction 18 offense, the level of seriousness of the violation and the 19 rehabilitative needs of the defendant. At the end of the 20 recommittal period, the parole violator shall be reviewed for 21 parole or reparoled without further review. 22 (b) Deviation.--In every case in which the board deviates 23 from the recommitment ranges, the board shall provide 24 contemporaneous written reasons, consistent with board 25 procedure, for the deviation from the recommitment ranges. 26 (c) Definitions.--As used in this section, the following 27 words and phrases shall have the meanings given to them in this 28 subsection: 29 "Recommitment range." A range of time within which a parole 30 violator may be recommitted to serve an additional part of the 20070H0004B2394 - 5 -
1 term the parole violator would have been compelled to serve had 2 the parole violator not been paroled. 3 Section 5. Sections 2155 and 9721(b) of Title 42 are amended 4 to read: 5 § 2155. Publication of guidelines for sentencing[.], 6 resentencing and recommitment ranges following 7 revocation. 8 (a) General rule.--The commission shall: 9 (1) Prior to adoption, publish in the Pennsylvania 10 Bulletin all proposed sentencing guidelines, resentencing 11 guidelines following revocation of probation, county 12 intermediate punishment and State intermediate punishment and 13 recommitment ranges following revocation by the board of 14 paroles granted, and hold public hearings not earlier than 30 15 days and not later than 60 days thereafter to afford an 16 opportunity for the following persons and organizations to 17 testify: 18 (i) Pennsylvania District Attorneys Association. 19 (ii) Chiefs of Police Associations. 20 (iii) Fraternal Order of Police. 21 (iv) Public Defenders Organization. 22 (v) Law school faculty members. 23 (vi) State Board of Probation and Parole. 24 (vii) [Bureau of Correction] Department of 25 Corrections. 26 (viii) Pennsylvania Bar Association. 27 (ix) Pennsylvania Wardens Association. 28 (x) Pennsylvania Association on Probation, Parole 29 and Corrections. 30 (xi) Pennsylvania Conference of State Trial Judges. 20070H0004B2394 - 6 -
1 (xii) Any other interested person or organization. 2 (2) Publish in the Pennsylvania Bulletin sentencing 3 guidelines as adopted by the commission. 4 (b) Rejection by General Assembly.--Subject to gubernatorial 5 review pursuant to section 9 of Article III of the Constitution 6 of Pennsylvania, the General Assembly may by concurrent 7 resolution reject in their entirety any guidelines or 8 recommitment ranges adopted by the commission within 90 days of 9 their publication in the Pennsylvania Bulletin pursuant to 10 subsection (a)(2). 11 (c) Effective date.--Sentencing guidelines, resentencing 12 guidelines following revocation of probation, county 13 intermediate punishment and State intermediate punishment and 14 recommitment ranges following revocation by the board of paroles 15 granted, adopted by the commission shall become effective 90 16 days after publication in the Pennsylvania Bulletin pursuant to 17 subsection (a)(2) unless disapproved pursuant to subsection (b) 18 and shall apply to sentences and resentences and parole 19 decisions made after the effective date of the guidelines. If 20 not disapproved, the commissioners shall conduct training and 21 orientation for trial court judges and board members prior to 22 the effective date of the guidelines. 23 § 9721. Sentencing generally. 24 * * * 25 (b) General standards.--In selecting from the alternatives 26 set forth in subsection (a) the court shall follow the general 27 principle that the sentence imposed should call for confinement 28 that is consistent with the protection of the public, the 29 gravity of the offense as it relates to the impact on the life 30 of the victim and on the community, and the rehabilitative needs 20070H0004B2394 - 7 -
1 of the defendant. The court shall also consider any guidelines 2 for sentencing, resentencing and recommitment adopted by the 3 Pennsylvania Commission on Sentencing and taking effect 4 [pursuant to] under section 2155 (relating to publication of 5 guidelines for sentencing, resentencing and recommitment ranges 6 following revocation). In every case in which the court imposes 7 a sentence for a felony or misdemeanor, the court shall make as 8 a part of the record, and disclose in open court at the time of 9 sentencing, a statement of the reason or reasons for the 10 sentence imposed. In every case where the court imposes a 11 sentence, resentence or recommitment outside the sentencing 12 guidelines adopted by the Pennsylvania Commission on Sentencing 13 [pursuant to section] under sections 2154 (relating to adoption 14 of guidelines for sentencing), 2154.1 (relating to adoption of 15 guidelines for county intermediate punishment), 2154.3 (relating 16 to adoption of guidelines for resentencing) and 2154.4 (relating 17 to adoption of guidelines for parole) and made effective 18 [pursuant to] under section 2155, the court shall provide a 19 contemporaneous written statement of the reason or reasons for 20 the deviation from the guidelines. Failure to comply shall be 21 grounds for vacating the sentence and resentencing the 22 defendant. 23 * * * 24 Section 6. Section 9756 of Title 42 is amended by adding a 25 subsection to read: 26 § 9756. Sentence of total confinement. 27 * * * 28 (b.1) Recidivism risk reduction incentive minimum 29 sentence.--The court shall determine if the defendant is 30 eligible for a recidivism risk reduction incentive minimum 20070H0004B2394 - 8 -
1 sentence under 44 Pa.C.S. Ch. 53 (relating to recidivism risk 2 reduction incentive). If the defendant is eligible, the court 3 shall impose a recidivism risk reduction incentive minimum 4 sentence in addition to a minimum sentence and maximum sentence. 5 * * * 6 Section 7. Section 9762 of Title 42 is amended to read: 7 § 9762. Sentencing proceeding; place of confinement. 8 [All persons sentenced to total or partial confinement for: 9 (1) maximum terms of five or more years shall be 10 committed to the Bureau of Correction for confinement; 11 (2) maximum terms of two years or more but less than 12 five years may be committed to the Bureau of Correction for 13 confinement or may be committed to a county prison within the 14 jurisdiction of the court; 15 (3) maximum terms of less than two years shall be 16 committed to a county prison within the jurisdiction of the 17 court except that as facilities become available on dates and 18 in areas designated by the Governor in proclamations 19 declaring the availability of State correctional facilities, 20 such persons may be committed to the Bureau of Correction for 21 confinement.] (a) Sentences or terms of incarceration 22 imposed before a certain date.--For the three-year period 23 beginning on the effective date of this subsection, all 24 persons sentenced to total or partial confinement for the 25 following terms shall be committed as follows: 26 (1) Maximum terms of five or more years shall be 27 committed to the Department of Corrections for confinement. 28 (2) Maximum terms of two years or more but less than 29 five years may be committed to the Department of Corrections 30 for confinement or may be committed to a county prison within 20070H0004B2394 - 9 -
1 the jurisdiction of the court. 2 (3) Maximum terms of less than two years shall be 3 committed to a county prison within the jurisdiction of the 4 court. 5 (b) Sentences or terms of incarceration imposed after a 6 certain date.--Beginning three years after the effective date of 7 this subsection, all persons sentenced to total or partial 8 confinement for the following terms shall be committed as 9 follows: 10 (1) Maximum terms of five or more years shall be 11 committed to the Department of Corrections for confinement. 12 (2) Maximum terms of two years or more but less than 13 five years shall be committed to the Department of 14 Corrections for confinement, except upon a finding of all of 15 the following: 16 (i) The chief administrator of the county prison, or 17 the administrator's designee, has certified that the 18 county prison is available for the commitment of persons 19 sentenced to maximum terms of two or more years but less 20 than five years. 21 (ii) The attorney for the Commonwealth has consented 22 to the confinement of the person in the county prison. 23 (iii) The sentencing court has approved the 24 confinement of the person in the county prison within the 25 jurisdiction of the court. 26 (3) Maximum terms of less than two years shall be 27 committed to a county prison within the jurisdiction of the 28 court. 29 (c) Certification.--The chief administrator of the county 30 prison, or the administrator's designee, may issue a 20070H0004B2394 - 10 -
1 certification under subsection (b)(2)(i) if the county prison 2 population is less than 110% of the rated capacity of the county 3 prison. The chief administrator shall revoke any previously 4 issued certification if the prison population exceed 110% of the 5 rated capacity. The president judge of the court, the district 6 attorney and the chief public defender of the county shall be 7 served with a written copy of any certification or revocation. 8 (d) County restrictive intermediate punishment.--Nothing in 9 this section shall prevent a judge from sentencing an offender 10 to county punishment which does not require confinement within 11 county prison if otherwise authorized by law. 12 (e) Reimbursement.--Beginning three years after the 13 effective date of this subsection: 14 (1) The Department of Corrections shall reimburse to the 15 counties the reasonable cost of confinement of persons 16 committed to a county prison who are participating in an 17 approved work release program. The reimbursement per prisoner 18 shall not exceed the average per-prisoner cost of confinement 19 paid by the Commonwealth for the confinement of prisoners in 20 the Department of Corrections. No more than $2,500,000 shall 21 be expended annually for this purpose. Reimbursement shall be 22 made on a pro rata basis if the total dollar amount of 23 eligible confinement costs exceeds $2,500,000. 24 (2) County prisons may require reimbursements from other 25 county prisons or the Department of Corrections for inmates 26 voluntarily accepted for incarceration at mutually agreeable 27 rates. The Department of Corrections shall maintain a list of 28 those counties willing to accept voluntary placement of out- 29 of-county inmates. 30 (f) Aggregation.--For purposes of this section, the 20070H0004B2394 - 11 -
1 sentences or terms of incarceration shall mean the entire 2 continuous term of incarceration to which a person is subject, 3 notwithstanding whether the sentence is the result of any of the 4 following: 5 (1) One or more sentences. 6 (2) Sentences imposed for violations of probation or 7 intermediate punishment. 8 (3) Sentences to be served upon recommitment for 9 violations of parole. 10 (4) Any other manner of sentence. 11 (g) Date of imposition.--For purposes of this section, if a 12 person is subject to multiple sentences or terms of 13 incarceration or any combination of sentences or terms, the date 14 of the last sentence imposed or the date of recommitment, 15 whichever is later, shall determine the place of incarceration 16 and whether reimbursement is required. 17 (h) Transfer of prisoners.--Nothing in this section shall 18 prohibit the transfer of prisoners otherwise authorized by law 19 or prevent a judge from changing the place of confinement 20 between State and county facilities to the extent that the judge 21 would have such discretion at the time of imposition of sentence 22 or recommitment. 23 Section 8. Section 9764 of Title 42, amended December 1, 24 2004 (P.L.778, No.233), is amended to read: 25 § 9764. Information required upon commitment and subsequent 26 disposition. 27 (a) General rule.--Upon commitment of an [offender] inmate 28 to the custody of the Department of Corrections, the sheriff or 29 transporting official shall provide to the institution's records 30 officer or duty officer, in addition to the court commitment 20070H0004B2394 - 12 -
1 order, the following information: 2 (1) Record of adjustment in the county correctional 3 facility, including, but not limited to, misconducts and 4 escape history. 5 (2) Any current medical or psychological condition 6 requiring treatment, including, but not limited to, suicide 7 attempts. 8 (3) [Any medical admission testing performed by the 9 county and the results of those tests, including, but not 10 limited to, hepatitis, HIV/AIDS, tuberculosis or other 11 infectious disease testing. Any release of medical 12 information relating to HIV/AIDS shall be in accordance with 13 the act of November 29, 1990 (P.L.585, No.148), known as the 14 Confidentiality of HIV-Related Information Act.] All medical 15 records of the county correctional institution relating to 16 the inmate to the extent that those records may be disclosed 17 under Federal and State law. The records shall include 18 admission testing performed by the county and the results of 19 those tests and any testing related to hepatitis, HIV/AIDS, 20 tuberculosis or other infectious disease testing. 21 (4) Notice of current or previously administered 22 medications. 23 (5) A 48-hour supply of current medications. 24 (6) A written statement by the county correctional 25 institution relating to any sentencing credit to which the 26 inmate may be entitled. 27 (7) A written statement by the county correctional 28 institution setting forth all of the following: 29 (i) The dates on which the inmate was incarcerated. 30 (ii) The charges pending against the inmate with the 20070H0004B2394 - 13 -
1 offense tracking number. 2 (iii) The date on which the inmate was released on 3 bail, if any, and a copy of the bail order. 4 (8) Information provided to the county correctional 5 institution by the court under subsection (b). 6 (b) Additional information.--Within ten days from the date 7 sentence is imposed, the court shall provide to the county 8 correctional facility the following information pertaining to 9 the [offender] inmate: 10 (1) A copy of the presentence investigation report. 11 Where a presentence investigation report was not ordered by 12 the court, the official version of the crime for which the 13 [offender] inmate was convicted or a copy of the guilty plea 14 transcript or preliminary hearing transcript. 15 (2) The criminal complaint or affidavit of probable 16 cause accompanying the arrest warrant. 17 [(3) Where available, the police report summarizing the 18 facts of the crime.] 19 (4) A copy of the completed guideline sentence form 20 [issued by the Pennsylvania Commission on Sentencing]. 21 (5) All of the following: 22 (i) A written, sealed sentencing order from the 23 county. 24 (ii) The sentencing colloquy sealed by the court. 25 (iii) Court commitment orders. 26 (iv) The completed Department of Correction's Court 27 Commitment State or County Correctional Institution Form 28 (DC 300B). 29 (v) Any detainers filed against the inmate of which 30 the county has notice. 20070H0004B2394 - 14 -
1 (c) [Transfer of offender.--Where an offender is transferred 2 from a county correctional facility to a State correctional 3 facility for any reason, the information specified in subsection 4 (b) shall be transmitted to the State correctional facility 5 within 20 calendar days from the date on which the offender is 6 transferred.] Transmittal of additional inmate documentation.-- 7 If a document provided by the court under subsection (b) is 8 received by the county correctional institution after the inmate 9 is transferred to the custody of the Department of Corrections, 10 the document shall be transmitted to the Department of 11 Corrections within 20 calendar days of its receipt. 12 (c.1) Implementation.-- 13 (1) The Department of Corrections may refuse to accept 14 custody of an inmate for whom the sheriff or transporting 15 official does not provide the information under subsection 16 (a) under the following circumstances: 17 (i) The county correctional facility has a pattern 18 or practice of not providing the information mandated 19 under this section. 20 (ii) The Department of Corrections has previously 21 notified the chief administrator of the county 22 correctional facility, the county commissioners, the 23 county sheriff and the president judge of the county of 24 the specific deficiencies that constitute a pattern or 25 practice. 26 (iii) The Department of Corrections has provided the 27 county with a reasonable period of time to provide the 28 documentation. 29 (iv) The Department of Corrections has notified the 30 officials designated under subparagraph (ii) of the 20070H0004B2394 - 15 -
1 intent to refuse to accept inmates without documentation 2 as of a specified date that shall be no sooner than 30 3 days after the service of the notification. 4 (2) In cases of a refusal to accept custody of an inmate 5 under this subsection, the sheriff or transporting official 6 shall return the inmate to the sending county correctional 7 institution, which shall accept custody of the inmate. The 8 inmate may be recommitted to the custody of the Department of 9 Corrections upon provision of the documentation required 10 under subsection (a). 11 (c.2) Electronic transfer of information.--The county or 12 other government officials required to provide documentation 13 under this section may provide the documentation in electronic 14 form. The Department of Corrections may establish guidelines 15 relating to the type of electronic documentation that will be 16 accepted. The Department of Correction's electronic 17 documentation requirements shall reasonably accommodate the 18 county practices and seek to reduce the requirement of paper 19 transfers. The Department of Corrections, in its discretion, may 20 require actual sealed court orders to the extent that they 21 relate to the commitment, term of sentence, or other matter that 22 may affect the fact or duration of confinement. This subsection 23 shall not be construed to require the county to develop new 24 information systems or data collection instruments. 25 (d) Transfer to county facility.--Upon transfer of an inmate 26 from a State correctional institution to a county correctional 27 facility, the Department of Corrections shall provide to the 28 county facility, unless the facility prior to the time of 29 transfer agrees to accept the inmate without the information, 30 the record of the inmate's institutional adjustment, including, 20070H0004B2394 - 16 -
1 but not limited to, misconducts and/or escape history, and 2 written notice of any current medical or psychological condition 3 requiring treatment, including, but not limited to, suicide 4 attempts, notice of current or previously ordered medication and 5 a 48-hour supply of current medication. 6 (e) Release by Department of Corrections.--Prior to the 7 release of an inmate from the Department of Corrections to State 8 parole supervision, the Department of Corrections shall provide 9 to the Board of Probation and Parole the information contained 10 in subsections (a)(1) and (2) and (b). 11 (f) Release from county correctional facility to State 12 probation or parole.-- 13 (1) Prior to the release of an inmate from a county 14 correctional facility to State probation or parole 15 supervision, the facility shall provide to the Board of 16 Probation and Parole the information contained in subsections 17 (a)(1) through (4) and (b). 18 (2) Prior to the release of an inmate from a county 19 correctional facility to State probation or parole 20 supervision, the facility shall provide to the inmate his 21 current medications as prescribed and any customary and 22 necessary medical supplies as determined by the prescribing 23 physician. 24 (g) Release from county correctional facility to county 25 probation or parole.-- 26 (1) Prior to the release of an inmate from a county 27 correctional facility to county probation or parole 28 supervision, the facility shall provide to the county 29 probation department the information contained in subsections 30 (a)(1) through (4) and (b). 20070H0004B2394 - 17 -
1 (2) Prior to the release of an inmate from a county 2 correctional facility to county probation or parole 3 supervision, the facility shall provide to the inmate his 4 current medications as prescribed and any customary and 5 necessary medical supplies as determined by the prescribing 6 physician. 7 (h) Record of inmate moneys.--Prior to the release of an 8 inmate from the Department of Corrections to State parole 9 supervision, the department shall provide to the Board of 10 Probation and Parole a record of any moneys paid by the inmate 11 and any balance remaining towards satisfaction of restitution or 12 any other court-ordered financial obligations. Prior to the 13 release of an inmate from a county correctional facility to 14 State parole supervision, the county correctional facility shall 15 provide to the Board of Probation and Parole a record of any 16 moneys paid by the inmate and any balance remaining towards the 17 satisfaction of restitution or any other court-ordered financial 18 obligations. Prior to the release of an inmate from a county 19 correctional facility to county parole supervision, the facility 20 shall provide to the county probation department or other agent 21 designated by the county commissioners of the county with the 22 approval of the president judge of the county a record of any 23 moneys paid by the inmate and any remaining balance towards the 24 satisfaction of restitution and any other court-ordered 25 financial obligations. 26 (i) Continuing payments.--The Board of Probation and Parole 27 shall require as a condition of parole that any inmate released 28 to their supervision shall make continuing payments on 29 restitution or any other court-ordered financial obligations. 30 The sentencing court shall require as a condition of county 20070H0004B2394 - 18 -
1 parole that any inmate released to the supervision of the county 2 probation department shall make continuing payments of 3 restitution or any other court-ordered financial obligations. 4 (j) Release after maximum sentence.--Upon release of an 5 inmate from the Department of Corrections at the expiration of 6 his maximum sentence, the Department of Corrections shall 7 transmit to the county probation department or other agent 8 designated by the county commissioners of the county with the 9 approval of the president judge of the county in which the 10 inmate was convicted a record of any moneys paid by the inmate 11 and any outstanding amounts owed by the inmate towards 12 satisfaction of restitution or any other court-ordered financial 13 obligations. 14 (k) Procedures.--The Department of Corrections and the 15 Pennsylvania Board of Probation and Parole shall develop 16 procedures to implement the provisions of this section. 17 (l) Application.--This section shall apply to offenders 18 transferred to or released from a State or county correctional 19 facility after the effective date of this section. 20 Section 9. Section 9904 of Title 42, added November 19, 2004 21 (P.L.855, No.112), is amended by adding a subsection to read: 22 § 9904. Referral to State intermediate punishment program. 23 * * * 24 (d.1) Resentencing.--The department may make a written 25 request to the sentencing court that an offender who is 26 otherwise eligible but has not been referred for evaluation or 27 originally sentenced to State intermediate punishment be 28 sentenced to State intermediate punishment. The court may 29 resentence the offender to State intermediate punishment if all 30 of the following apply: 20070H0004B2394 - 19 -
1 (1) The department has recommended placement in a drug 2 offender treatment program. 3 (2) The attorney for the Commonwealth and the offender 4 have agreed to the placement and modification of sentence. 5 (3) The court makes the findings set forth under 6 subsection (d). 7 (4) The resentencing has occurred within 180 days of the 8 date of the defendant's admission to the custody of the 9 department. 10 (5) The court has otherwise complied with all other 11 requirements for the imposition of sentence. 12 * * * 13 Section 10. Title 44 is amended by adding a part to read: 14 PART III 15 INCARCERATION 16 Chapter 17 51. Preliminary Provisions (Reserved) 18 53. Recidivism Risk Reduction Incentive 19 CHAPTER 51 20 PRELIMINARY PROVISIONS 21 (Reserved) 22 CHAPTER 53 23 RECIDIVISM RISK REDUCTION INCENTIVE 24 Sec. 25 5301. Scope of chapter. 26 5302. Purpose. 27 5303. Definitions. 28 5304. Recidivism risk reduction incentive programs. 29 5305. Sentencing. 30 5306. Recidivism risk reduction incentive minimum. 20070H0004B2394 - 20 -
1 5307. Authority of board. 2 5308. Written guidelines and regulations. 3 5309. Evaluation. 4 5310. Reports. 5 5311. Construction. 6 5312. Applicability. 7 § 5301. Scope of chapter. 8 This chapter relates to recidivism risk reduction incentive. 9 § 5302. Purpose. 10 This chapter seeks to create a program that ensures 11 appropriate punishment for persons who commit crimes, encourages 12 prisoner participation in evidence-based programs that reduce 13 the risks of future crime and ensures the openness and 14 accountability of the criminal justice process while ensuring 15 fairness to crime victims. 16 § 5303. Definitions. 17 The following words and phrases when used in this chapter 18 shall have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Board." The Pennsylvania Board of Probation and Parole. 21 "Commission." The Pennsylvania Commission on Sentencing. 22 "Court." The trial judge exercising sentencing jurisdiction 23 over an eligible offender under this chapter or the president 24 judge or the president judge's designee if the original trial 25 judge is no longer serving as a judge of the sentencing court. 26 "Defendant." An individual charged with a criminal offense. 27 "Department." The Department of Corrections of the 28 Commonwealth. 29 "Eligible offender." A defendant or prisoner convicted of a 30 criminal offense who will be committed to the custody of the 20070H0004B2394 - 21 -
1 department and who meets all of the following: 2 (1) Does not demonstrate a history of present or past 3 violent behavior. 4 (2) Has not been subject to a sentence the calculation 5 of which includes an enhancement for the use of a deadly 6 weapon as defined under law or the sentencing guidelines 7 promulgated by the Pennsylvania Commission on Sentencing. 8 (3) Has not been found guilty or previously convicted or 9 adjudicated delinquent for or an attempt or conspiracy to 10 commit a personal injury crime as defined under section 103 11 of the act of November 24, 1998 (P.L.882, No.111), known as 12 the Crime Victims Act. 13 (4) Has not been found guilty or previously convicted or 14 adjudicated delinquent for violating any of the following 15 provisions or an equivalent offense under the laws of the 16 United States or one of its territories or possessions, 17 another state, the District of Columbia, the Commonwealth of 18 Puerto Rico or a foreign nation: 19 (i) 18 Pa.C.S. § 4302 (relating to incest). 20 (ii) 18 Pa.C.S. § 5901 (relating to open lewdness). 21 (iii) 18 Pa.C.S. § 6312 (relating to sexual abuse of 22 children). 23 (iv) 18 Pa.C.S. § 6318 (relating to unlawful contact 24 with minor). 25 (v) 18 Pa.C.S. § 6320 (relating to sexual 26 exploitation of children). 27 (vi) 18 Pa.C.S. Ch. 76 Subch. C (relating to 28 Internet child pornography). 29 (vii) Any offense listed under 42 Pa.C.S. § 9795.1 30 (relating to registration). 20070H0004B2394 - 22 -
1 (5) Is not awaiting trial or sentencing for additional 2 criminal charges, if a conviction or sentence on the 3 additional charges would cause the defendant to become 4 ineligible under this definition. 5 "Program plan." An individualized plan recommended by the 6 department that contains approved treatment and other approved 7 programs designed to reduce recidivism risk of a specific 8 prisoner. 9 § 5304. Recidivism risk reduction incentive programs. 10 (a) Authorization.--Subject to the provisions of this 11 chapter, the department is authorized to create or otherwise 12 designate treatment or other programs as recidivism risk 13 reduction incentive programs. 14 (b) Intent.--This chapter is intended to encourage eligible 15 offenders committed to the custody of the department to 16 participate in and successfully complete evidence-based programs 17 under this chapter that reduce the likelihood of recidivism and 18 improve public safety. 19 (c) Program requirements.--In accordance with the provisions 20 of this chapter, the department may designate a treatment 21 program or other program as a recidivism risk reduction 22 incentive program if there is appropriate scientific research 23 that demonstrates that the proposed program would likely reduce 24 overall recidivism rates or serious crime rates of program 25 participants. A recidivism risk reduction incentive program 26 designed to provide treatment in the form of a therapeutic 27 community for drug abuse or addiction shall meet the 28 requirements of an institutional therapeutic community as 29 defined under 42 Pa.C.S. § 9903 (relating to definitions). 30 (d) Consultation.--The department shall consult with 20070H0004B2394 - 23 -
1 appropriate research and technical assistance organizations, 2 such as the National Institute of Justice, the National 3 Institute of Corrections and the American Correctional 4 Association concerning evidence-based programs that reduce 5 recidivism risks of prisoners and the scientific research 6 relating to those programs. 7 (e) Program approval process.-- 8 (1) The department shall publish, in a manner reasonably 9 calculated to inform, a detailed description of the program, 10 the types of offenders who will be eligible to participate in 11 the program, the name and citation of research reports that 12 demonstrate the effectiveness of the proposed program and the 13 name and address of a department contact person responsible 14 for receiving public comments. On the same date as 15 publication, the department shall also deliver a copy of the 16 list to the Judiciary Committee of the Senate and the 17 Judiciary Committee of the House of Representatives. 18 (2) Upon consideration of the public comments and the 19 expiration of at least 60 days from the date of publication 20 required under paragraph (1), the department may designate 21 any program published as approved for inclusion in the 22 recidivism risk reduction incentive program. 23 § 5305. Sentencing. 24 (a) Generally.--At the time of sentencing, the court shall 25 make a determination whether the defendant is an eligible 26 offender. 27 (b) Waiver of eligibility requirements.--The prosecuting 28 attorney, in the prosecuting attorney's sole discretion, may 29 advise the court that the Commonwealth has elected to waive the 30 eligibility requirements of this chapter. 20070H0004B2394 - 24 -
1 (c) Recidivism risk reduction incentive minimum sentence.-- 2 If the court determines that the defendant is an eligible 3 offender or the prosecuting attorney has waived the eligibility 4 requirements under subsection (b), the court shall enter a 5 sentencing order that does all of the following: 6 (1) Imposes the minimum and maximum sentences as 7 required under 42 Pa.C.S. § 9752 (relating to sentencing 8 proceeding generally). 9 (2) Imposes the recidivism risk reduction incentive 10 minimum sentence. The recidivism risk reduction incentive 11 minimum shall be equal to three-fourths of the minimum 12 sentence imposed when the minimum sentence is three years or 13 less. The recidivism risk reduction incentive minimum shall 14 be equal to five-sixths of the minimum sentence if the 15 minimum sentence is greater than three years. For purposes of 16 these calculations, partial days shall be rounded to the 17 nearest whole day. In determining the recidivism risk 18 reduction incentive minimum sentence, the aggregation 19 provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive 20 sentences of total confinement for multiple offenses) and 21 9762(d) (relating to sentencing proceeding; place of 22 confinement) shall apply. 23 (3) Complies with all other applicable sentencing 24 provisions, including provisions relating to victim 25 notification and the opportunity to be heard. 26 § 5306. Recidivism risk reduction incentive minimum. 27 (a) Generally.--The board or its designee shall parole a 28 prisoner who has been sentenced to a recidivism risk reduction 29 incentive minimum sentence at the expiration of that recidivism 30 risk reduction incentive minimum sentence upon a determination 20070H0004B2394 - 25 -
1 that all of the following apply: 2 (1) The department certified that it has conducted an 3 appropriate assessment of the treatment needs and risks of 4 the prisoner using nationally recognized assessment tools 5 that have been normed and validated. 6 (2) The department has certified that it developed a 7 program plan based on the assessment conducted under 8 paragraph (1) that is designed to reduce the risk of 9 recidivism through the use of recidivism risk reduction 10 incentive programs authorized and approved under this chapter 11 that are appropriate for that particular prisoner. 12 (3) The department advised the prisoner that the 13 prisoner is required to successfully complete the program 14 plan. 15 (4) The prisoner has successfully completed all required 16 recidivism risk reduction incentive programs or other 17 programs designated in the program plan. 18 (5) The prisoner has maintainted a good conduct record 19 following the imposition of the recidivism risk reduction 20 incentive minimum sentence. 21 (6) The reentry plan for the prisoner is adequate. 22 (7) Individual conditions and requirements for parole 23 have been established. 24 (8) Notice and opportunity to be heard was provided by 25 the board to the sentencing court and the prosecuting 26 attorney in a manner consistent with section 21(b.2) of the 27 act of August 6, 1941 (P.L.861, No.323), referred to as the 28 Pennsylvania Board of Probation and Parole Law. 29 (9) The department has certified that the prisoner 30 continues to be an eligible offender. In the event that a 20070H0004B2394 - 26 -
1 recidivism risk reduction minimum sentence was imposed 2 pursuant to the prosecutor's waiver of eligibility 3 requirements, the department has not received information 4 that the prisoner has a history of present or past violent 5 behavior and the prosecuting attorney was unaware of that 6 information at the time of sentencing. 7 (10) There is no reasonable indication that the prisoner 8 poses a risk to public safety. 9 (b) Funding.--The department shall make all reasonable 10 efforts to seek appropriate funding and resources in order to 11 implement the recidivism risk reduction program. 12 (c) Program content.--Nothing in this section shall do any 13 of the following: 14 (1) Require the department to include recidivism risk 15 reduction programs in an individual program plan where the 16 risk assessment indicates that such a program is unlikely to 17 reduce recidivism for that particular prisoner. 18 (2) Prohibit the department from including appropriate 19 community works or public service projects as part of the 20 program plan. 21 (3) Prohibit the department from making modifications to 22 the program plan at any time in order to ensure appropriate 23 treatment and recidivism risk reduction incentive program 24 placement. 25 (d) Adjudication.--Nothing in this section shall be 26 interpreted as granting a right to be paroled to any person, and 27 any decision by the board and its designees or the department, 28 under this section, shall not be considered an adjudication 29 under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and 30 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating 20070H0004B2394 - 27 -
1 to judicial review of Commonwealth agency action). 2 § 5307. Authority of board. 3 If a prisoner has been sentenced by a court to a recidivism 4 risk reduction incentive minimum sentence and the prisoner is 5 not paroled under this chapter, the board shall have exclusive 6 authority to grant parole. Except as otherwise provided under 7 this chapter, the board shall retain its power and authority to 8 parole, commit and reparole prisoners committed to the 9 department. 10 § 5308. Written guidelines and regulations. 11 The department, upon consultation with the board, shall 12 develop written interim guidelines to assist in the 13 implementation of the provisions of this chapter. The interim 14 guidelines shall not be subject to the requirements of the act 15 of June 25, 1982 (P.L.633, No.181), known as the Regulatory 16 Review Act, and shall be effective for a period of two years 17 after publication in the Pennsylvania Bulletin. The interim 18 guidelines shall be replaced by regulations promulgated by the 19 department consistent with the Regulatory Review Act on or 20 before the date of expiration of the interim guidelines. 21 § 5309. Evaluation. 22 The department, the board and the commission shall monitor 23 and evaluate the recidivism risk reduction incentive programs. 24 Evaluations under this section should be scientifically rigorous 25 and seek to determine the effectiveness of the programs, 26 including whether specific recidivism risk reduction incentive 27 programs have reduced the recidivism rates of the program 28 participants as compared to previously incarcerated and 29 similarly situated prisoners. The department, the board and the 30 commission shall make evaluations conducted under this section 20070H0004B2394 - 28 -
1 and underlying data available to the public. The publicly 2 available data and evaluations shall comply with generally 3 accepted practices of the research community, including 4 expectations relating to subject privacy and identifying 5 information. 6 § 5310. Reports. 7 (a) Recidivism risk reduction.--The department, the board 8 and the commission shall monitor and evaluate the recidivism 9 risk reduction incentive programs to ensure that the goals and 10 objectives of this chapter are met. Reports to the General 11 Assembly shall be as follows: 12 (1) In odd-numbered years, the department shall present 13 a report of its evaluation to the Judiciary Committee of the 14 Senate and the Judiciary Committee of the House of 15 Representatives no later than February 1. The report shall 16 include all of the following: 17 (i) The number of offenders determined by the 18 department to be eligible offenders under this chapter 19 and the offenses for which the offenders were committed 20 to the custody of the department. 21 (ii) The number of prisoners committed to the 22 custody of the department who were subject to a 23 recidivism risk reduction incentive minimum sentence. 24 (iii) The number of prisoners paroled at the 25 recidivism risk reduction incentive minimum date. 26 (iv) Any potential changes that would make the 27 program more effective. 28 (v) The six-month, one-year, three-year and five- 29 year recidivism rates for prisoners released at the 30 recidivism risk reduction incentive minimum sentence. 20070H0004B2394 - 29 -
1 (vi) Any other information the department deems 2 relevant. 3 (2) In even-numbered years, the commission shall present 4 a report of its evaluation to the Judiciary Committee of the 5 Senate and the Judiciary Committee of the House of 6 Representatives no later than February 1. The report shall 7 include all of the following: 8 (i) Whether the goals of this chapter could be 9 achieved through amendments to parole or sentencing 10 guidelines. 11 (ii) The various options for parole or sentencing 12 guidelines under subparagraph (i). 13 (iii) The status of any proposed or implemented 14 guidelines designed to implement the provisions of this 15 chapter. 16 (iv) Any potential changes to the program that would 17 be likely to reduce the risk of recidivism of prisoners 18 and improve public safety. 19 (v) Any other information the commission deems 20 relevant. 21 (b) Educational plan.--The Pennsylvania Commission on Crime 22 and Delinquency shall publish a report of a proposed educational 23 program plan within one year of the effective date of this 24 section. The proposed educational program plan shall be 25 developed in consultation with the department, commission, 26 board, the Pennsylvania District Attorneys Association, the 27 Victim Advocate and representatives of the judiciary and the 28 criminal defense bar and other criminal justice stakeholders. 29 The plan shall seek to provide cost-effective training or 30 information through electronic means, publications or continuing 20070H0004B2394 - 30 -
1 educational programs that address the following topics: 2 (1) The treatment programs available through the board 3 and the department. 4 (2) The availability of programs and eligibility 5 requirements that can reduce recidivism risk including State 6 intermediate punishment, the motivational boot camp and 7 recidivism risk reduction incentives programs. 8 (3) The calculation of sentencing credit and practices 9 that could inadvertently prevent an inmate from receiving 10 sentence credit. 11 (4) Recent statutory changes relating to sentencing, 12 place of confinement, medical releases, transfer of inmates 13 and parole. 14 § 5311. Construction. 15 Notwithstanding any other provision of law, this chapter 16 shall not be construed to do any of the following: 17 (1) Confer any legal right upon any individual, 18 including an individual participating in or seeking to 19 participate in a recidivism risk reduction incentive program, 20 to do any of the following: 21 (i) Participate in a recidivism risk reduction 22 incentive program. 23 (ii) Continue participation in a recidivism risk 24 reduction incentive program. 25 (iii) Modify the contents of the recidivism risk 26 reduction incentive program. 27 (iv) File any cause of action in any Federal or 28 State court challenging the department's determination 29 that a participant be suspended or expelled from or that 30 a participant has successfully completed or failed to 20070H0004B2394 - 31 -
1 successfully complete any recidivism risk reduction 2 incentive program. 3 (2) Confer any legal right on any individual to be 4 released on parole under this act. 5 (3) Enlarge or limit the right of a participant to 6 appeal the participant's sentence. 7 § 5312. Applicability. 8 This chapter shall apply to persons incarcerated under the 9 supervision of the department. 10 Section 11. This act shall take effect in 60 days. F25L42MSP/20070H0004B2394 - 32 -