PRIOR PRINTER'S NO. 2394 PRINTER'S NO. 3537
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, YUDICHAK, JAMES, WALKO AND
CALTAGIRONE, AUGUST 21, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 2, 2008
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 AND FOR <--
6 ADOPTION OF GUIDELINES FOR SENTENCING; providing for adoption
7 of guidelines for resentencing, adoption of guidelines for
8 parole and adoption of recommitment ranges following
9 revocation of parole by the Pennsylvania Board of Probation
10 and Parole; further providing for publication of guidelines,
11 for sentencing generally, for sentence of total confinement,
12 for sentencing proceeding and place of confinement, for
13 information required upon commitment and subsequent
14 disposition and for referral to State intermediate punishment
15 program; providing for WORK RELEASE OR OTHER COURT ORDER AND <--
16 FOR recidivism risk reduction incentive; AND MAKING A RELATED <--
17 REPEAL.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 2151.1 of Title 42 of the Pennsylvania
21 Consolidated Statutes is amended by adding definitions to read:
22 § 2151.1. Definitions.
1 The following words and phrases when used in this subchapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Board." The Pennsylvania Board of Probation and Parole.
5 * * *
6 "Department." The Department of Corrections of the
7 Commonwealth.
8 Section 2. Section 2152 of Title 42 is amended by adding a
9 subsection to read:
10 § 2152. Composition of commission.
11 * * *
12 (a.1) Ex officio members.--The Secretary of Corrections, THE <--
13 VICTIM ADVOCATE APPOINTED UNDER SECTION 301 OF THE ACT OF
14 NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS
15 ACT, and the chairman of the board, during their tenure in their
16 respective positions, shall serve as ex officio nonvoting
17 members of the commission.
18 * * *
19 Section 3. Section 2153(a)(7), (9), (10), (11), (12), (13)
20 and (14) of Title 42 are amended AND THE SUBSECTION IS AMENDED <--
21 BY ADDING A PARAGRAPH to read:
22 § 2153. Powers and duties.
23 (a) General rule.--The commission, pursuant to rules and
24 regulations, shall have the power to:
25 * * *
26 (7) Establish a research and development program within
27 the commission for the purpose of:
28 (i) Serving as a clearinghouse and information
29 center for the collection, preparation and dissemination
30 of appropriate information on Commonwealth sentencing, <--
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1 resentencing and parole practices.
2 (ii) Assisting and serving in a consulting capacity
3 to the board, State courts, departments and agencies in
4 the development, maintenance and coordination of sound
5 sentencing [practices], resentencing and parole
6 practices.
7 * * *
8 (9) Publish data concerning the sentencing and parole
9 processes.
10 (10) Collect systematically and disseminate information
11 concerning parole dispositions and sentences actually
12 imposed[.], INCLUDING INITIAL SENTENCES AND ANY SUBSEQUENT <--
13 MODIFICATION OF SENTENCES OR RESENTENCES FOLLOWING REVOCATION
14 OR REMAND, AND PAROLE AND REPAROLE DECISIONS BY THE BOARD AND
15 ANY OTHER PAROLING AUTHORITY.
16 (11) Collect systematically and disseminate information
17 regarding effectiveness of parole dispositions and sentences
18 imposed.
19 (12) Make recommendations to the General Assembly
20 concerning modification or enactment of sentencing, parole
21 and correctional statutes which the commission finds to be
22 necessary and advisable to carry out an effective, humane and
23 rational sentencing, resentencing and parole policy.
24 (13) Establish a plan and timetable to collect and
25 disseminate information relating to incapacitation,
26 recidivism, deterrence and overall effectiveness of sentences
27 and parole dispositions imposed.
28 (14) Establish a program to systematically monitor
29 compliance with the guidelines, RECOMMITMENT RANGES and with <--
30 mandatory sentencing laws TO DOCUMENT ELIGIBILITY FOR AND <--
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1 RELEASES PURSUANT TO A COUNTY REENTRY PLAN, TO DOCUMENT
2 ELIGIBILITY FOR AND IMPOSITION OF RECIDIVISM RISK REDUCTION
3 INCENTIVE MINIMUM SENTENCES AND TO DOCUMENT ALL PAROLE AND
4 REPAROLE DECISIONS BY THE BOARD AND ANY OTHER PAROLING
5 AUTHORITY by:
6 (i) Promulgating forms which document the
7 application of [the] sentencing, resentencing and parole
8 guidelines or, mandatory sentencing laws, [or both.] <--
9 RELEASES PURSUANT TO A COUNTY REENTRY PLAN, RECOMMITMENT <--
10 RANGES AND RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM
11 SENTENCES, AND COLLECTING INFORMATION ON ALL PAROLE AND
12 REPAROLE DECISIONS BY THE BOARD AND ANY OTHER PAROLING
13 AUTHORITY.
14 (ii) Requiring the timely completion and ELECTRONIC <--
15 submission of such forms to the commission.
16 (15) PRIOR TO ADOPTION OF CHANGES TO GUIDELINES FOR <--
17 SENTENCING, RESENTENCING AND PAROLE, AND RECOMMITMENT RANGES
18 FOLLOWING REVOCATION, USE A CORRECTIONAL POPULATION
19 SIMULATION MODEL TO DETERMINE:
20 (I) RESOURCES THAT ARE REQUIRED UNDER CURRENT
21 GUIDELINES AND RANGES.
22 (II) RESOURCES THAT WOULD BE REQUIRED TO CARRY OUT
23 ANY PROPOSED CHANGES TO THE GUIDELINES AND RANGES.
24 * * *
25 SECTION 3.1. SECTION 2154(A) OF TITLE 42 IS AMENDED BY <--
26 ADDING A PARAGRAPH TO READ:
27 § 2154. ADOPTION OF GUIDELINES FOR SENTENCING.
28 (A) GENERAL RULE.--THE COMMISSION SHALL ADOPT GUIDELINES FOR
29 SENTENCING WITHIN THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE
30 CONSIDERED BY THE SENTENCING COURT IN DETERMINING THE
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1 APPROPRIATE SENTENCE FOR DEFENDANTS WHO PLEAD GUILTY OR NOLO
2 CONTENDERE TO, OR WHO WERE FOUND GUILTY OF, FELONIES AND
3 MISDEMEANORS. THE GUIDELINES SHALL:
4 * * *
5 (5) CONSIDER THE IMPACT OF ANY AMENDMENTS TO SECTION
6 9756 (RELATING TO SENTENCE OF TOTAL CONFINEMENT).
7 * * *
8 Section 4. Title 42 is amended by adding sections to read:
9 § 2154.3 2154.4. Adoption of guidelines for resentencing. <--
10 The commission shall adopt guidelines that shall be
11 considered by the court when resentencing an offender following
12 revocation of probation, county intermediate punishment or State
13 intermediate punishment. The guidelines shall take into account
14 factors considered in adopting the sentencing guidelines, the
15 seriousness of the violation and the rehabilitative needs of the
16 defendant.
17 § 2154.4 2154.5. Adoption of guidelines for parole. <--
18 (a) Adoption.--The commission shall adopt guidelines that
19 shall be considered by the board and any other paroling entity
20 when exercising its power to parole and reparole all persons
21 sentenced by any court in this Commonwealth to imprisonment in
22 any State or county penitentiary, prison or penal institution.
23 The guidelines shall do all of the following:
24 (1) Give primary consideration to the protection of the
25 public and to victim safety.
26 (2) Provide for due consideration of victim input.
27 (3) Be designed to encourage inmates and parolees to
28 conduct themselves in accordance with conditions and rules of
29 conduct set forth by the department or other prison
30 facilities and the board.
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1 (4) Be designed to encourage inmates and parolees to
2 participate in programs that have been demonstrated to be
3 effective in reducing recidivism, including appropriate drug
4 and alcohol treatment programs.
5 (5) Provide for prioritization of incarceration,
6 rehabilitation and other criminal justice resources for
7 offenders posing the greatest risk to public safety.
8 (6) Use validated risk assessment tools, be evidence
9 based and take into account available research relating to
10 the risk of recidivism, minimizing the threat posed to public
11 safety and factors maximizing the success of reentry.
12 (b) Discretionary authority.--Notwithstanding any other
13 provision of law, this section shall not remove the
14 discretionary parole authority of the board and any other
15 paroling entity when exercising its power to parole and
16 reparole.
17 § 2154.5 2154.6. Adoption of recommitment ranges following <--
18 revocation of parole by board.
19 (a) Recommitment ranges.--The commission shall adopt
20 recommitment ranges that shall be considered by the board when
21 exercising its power to reparole, commit and recommit for
22 violations of parole any person sentenced by a court in this
23 Commonwealth to imprisonment in any prison or penal institution
24 of this Commonwealth, including State or county penitentiaries,
25 prisons or penal institutions. The recommitment ranges shall
26 take into account the seriousness of the initial conviction
27 offense, the level of seriousness of the violation and the
28 rehabilitative needs of the defendant. At the end of the
29 recommittal period, the parole violator shall be reviewed for
30 parole or reparoled without further review.
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1 (b) Deviation.--In every case in which the board deviates
2 from the recommitment ranges, the board shall provide A <--
3 contemporaneous written reasons, consistent with board <--
4 procedure, STATEMENT OF THE REASONS for the deviation from the <--
5 recommitment ranges TO THE COMMISSION AS ESTABLISHED UNDER <--
6 SECTION 2153(A)(14) (RELATING TO POWERS AND DUTIES).
7 (c) Definitions.--As used in this section, the following
8 words and phrases shall have the meanings given to them in this
9 subsection:
10 "Recommitment range." A range of time within which a parole
11 violator may be recommitted to serve an additional part of the
12 term the parole violator would have been compelled to serve had
13 the parole violator not been paroled.
14 Section 5. Sections 2155 and 9721(b) of Title 42 are amended
15 to read:
16 § 2155. Publication of guidelines for sentencing[.],
17 resentencing AND PAROLE and recommitment ranges <--
18 following revocation.
19 (a) General rule.--The commission shall:
20 (1) Prior to adoption, publish in the Pennsylvania
21 Bulletin all proposed sentencing guidelines, resentencing
22 guidelines following revocation of probation, county
23 intermediate punishment and State intermediate punishment, <--
24 PAROLE GUIDELINES and recommitment ranges following
25 revocation by the board of paroles granted, and hold public
26 hearings not earlier than 30 days and not later than 60 days
27 thereafter to afford an opportunity for the following persons
28 and organizations to testify:
29 (i) Pennsylvania District Attorneys Association.
30 (ii) Chiefs of Police Associations.
20070H0004B3537 - 7 -
1 (iii) Fraternal Order of Police.
2 (iv) Public Defenders Organization.
3 (v) Law school faculty members.
4 (vi) State Board of Probation and Parole.
5 (vii) [Bureau of Correction] Department of
6 Corrections.
7 (viii) Pennsylvania Bar Association.
8 (ix) Pennsylvania Wardens Association.
9 (x) Pennsylvania Association on Probation, Parole
10 and Corrections.
11 (xi) Pennsylvania Conference of State Trial Judges.
12 (xii) Any other interested person or organization.
13 (2) Publish in the Pennsylvania Bulletin sentencing
14 guidelines as adopted by the commission.
15 (b) Rejection by General Assembly.--Subject to gubernatorial
16 review pursuant to section 9 of Article III of the Constitution
17 of Pennsylvania, the General Assembly may by concurrent
18 resolution reject in their entirety any guidelines or
19 recommitment ranges adopted by the commission within 90 days of
20 their publication in the Pennsylvania Bulletin pursuant to
21 subsection (a)(2).
22 (c) Effective date.--Sentencing guidelines, resentencing
23 guidelines following revocation of probation, county
24 intermediate punishment and State intermediate punishment, <--
25 PAROLE GUIDELINES and recommitment ranges following revocation
26 by the board of paroles granted, adopted by the commission shall
27 become effective 90 days after publication in the Pennsylvania
28 Bulletin pursuant to subsection (a)(2) unless disapproved
29 pursuant to subsection (b) and shall apply to sentences and
30 resentences and parole decisions made after the effective date
20070H0004B3537 - 8 -
1 of the guidelines. If not disapproved, the commissioners shall
2 conduct training and orientation for trial court judges and
3 board members prior to the effective date of the guidelines AND <--
4 RECOMMITMENT RANGES.
5 § 9721. Sentencing generally.
6 * * *
7 (b) General standards.--In selecting from the alternatives
8 set forth in subsection (a) the court shall follow the general
9 principle that the sentence imposed should call for confinement
10 that is consistent with the protection of the public, the
11 gravity of the offense as it relates to the impact on the life
12 of the victim and on the community, and the rehabilitative needs
13 of the defendant. The court shall also consider any guidelines
14 for sentencing, resentencing and recommitment AND RESENTENCING <--
15 adopted by the Pennsylvania Commission on Sentencing and taking
16 effect [pursuant to] under section 2155 (relating to publication
17 of guidelines for sentencing, resentencing AND PAROLE and <--
18 recommitment ranges following revocation). In every case in
19 which the court imposes a sentence for a felony or misdemeanor,
20 MODIFIES A SENTENCE, RESENTENCES AN OFFENDER FOLLOWING <--
21 REVOCATION OF PROBATION, COUNTY INTERMEDIATE PUNISHMENT OR STATE
22 INTERMEDIATE PUNISHMENT OR RESENTENCES FOLLOWING REMAND, the
23 court shall make as a part of the record, and disclose in open
24 court at the time of sentencing, a statement of the reason or
25 reasons for the sentence imposed. In every case where the court
26 imposes a sentence, resentence or recommitment OR RESENTENCE <--
27 outside the [sentencing] guidelines adopted by the Pennsylvania <--
28 Commission on Sentencing [pursuant to section] under sections
29 2154 (relating to adoption of guidelines for sentencing), 2154.1
30 (relating to adoption of guidelines for county intermediate
20070H0004B3537 - 9 -
1 punishment), 2154.3 2154.2 (RELATING TO ADOPTION OF GUIDELINES <--
2 FOR STATE INTERMEDIATE PUNISHMENT), 2154.3 (RELATING TO ADOPTION
3 OF GUIDELINES FOR FINES), 2154.4 (relating to adoption of
4 guidelines for resentencing) and 2154.4 2154.5 (relating to <--
5 adoption of guidelines for parole) and made effective [pursuant
6 to] under section 2155, the court shall provide a
7 contemporaneous written statement of the reason or reasons for
8 the deviation from the guidelines TO THE COMMISSION, AS <--
9 ESTABLISHED UNDER SECTION 2153(A)(14) (RELATING TO POWERS AND
10 DUTIES). Failure to comply shall be grounds for vacating the
11 sentence OR RESENTENCE and resentencing the defendant. <--
12 * * *
13 Section 6. Section 9756 of Title 42 is amended by adding a <--
14 subsection to read:
15 SECTION 6. SECTION 9756(B) OF TITLE 42 IS AMENDED AND THE <--
16 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
17 § 9756. Sentence of total confinement.
18 * * *
19 (B) MINIMUM SENTENCE.-- <--
20 (1) THE COURT SHALL IMPOSE A MINIMUM SENTENCE OF
21 CONFINEMENT WHICH SHALL NOT EXCEED ONE-HALF OF THE MAXIMUM
22 SENTENCE IMPOSED.
23 (2) THE MINIMUM SENTENCE IMPOSED UNDER THIS SECTION MAY
24 NOT BE REDUCED THROUGH PAROLE PRIOR TO THE EXPIRATION OF THE
25 MINIMUM SENTENCE UNLESS OTHERWISE AUTHORIZED BY THIS SECTION
26 OR OTHER LAW.
27 (3) EXCEPT WHERE THE MAXIMUM SENTENCE IMPOSED IS TWO
28 YEARS OR MORE, AND EXCEPT WHERE A MANDATORY MINIMUM SENTENCE
29 OF IMPRISONMENT OR TOTAL CONFINEMENT IS REQUIRED BY LAW, THE
30 COURT SHALL, AT THE TIME OF SENTENCING, STATE WHETHER OR NOT
20070H0004B3537 - 10 -
1 THE DEFENDANT IS ELIGIBLE TO PARTICIPATE IN A REENTRY PLAN AT
2 ANY TIME PRIOR TO THE EXPIRATION OF THE MINIMUM SENTENCE OR
3 AT THE EXPIRATION OF A SPECIFIED PORTION OF THE MINIMUM
4 SENTENCE. FOR MAXIMUM SENTENCES OF LESS THAN TWO YEARS AS
5 DEFINED UNDER SECTION 9762(F) (RELATING TO SENTENCING
6 PROCEEDING; PLACE OF CONFINEMENT), A COURT MAY PAROLE A
7 DEFENDANT PRIOR TO THE EXPIRATION OF THE MINIMUM SENTENCE
8 ONLY IF THE DEFENDANT WAS MADE ELIGIBLE TO PARTICIPATE IN A
9 REENTRY PLAN AT THE TIME OF SENTENCING. THE COURT SHALL
10 PROVIDE AT LEAST TEN DAYS' WRITTEN NOTICE AND AN OPPORTUNITY
11 TO BE HEARD, PURSUANT TO THE ACT OF JUNE 19, 1911 (P.L.1059,
12 NO.813), REFERRED TO AS THE COUNTY JAIL AND WORKHOUSE PAROLE
13 LAW, TO THE PROSECUTING ATTORNEY BEFORE GRANTING PAROLE
14 PURSUANT TO THIS SUBSECTION. THE REENTRY PLAN ELIGIBILITY
15 SHALL BE CONSIDERED A PART OF THE SENTENCE AND SUBJECT TO THE
16 REQUIREMENTS RELATING TO THE ENTRY, RECORDING AND REPORTING
17 OF SENTENCES.
18 (b.1) Recidivism risk reduction incentive minimum
19 sentence.--The court shall determine if the defendant is
20 eligible for a recidivism risk reduction incentive minimum
21 sentence under 44 Pa.C.S. Ch. 53 (relating to recidivism risk
22 reduction incentive). If the defendant is eligible, the court
23 shall impose a recidivism risk reduction incentive minimum
24 sentence in addition to a minimum sentence and maximum sentence
25 EXCEPT, IF THE DEFENDANT WAS PREVIOUSLY SENTENCED TO TWO OR MORE <--
26 RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM SENTENCES, THE COURT
27 SHALL HAVE THE DISCRETION TO IMPOSE A SENTENCE WITH NO
28 RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM.
29 * * *
30 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "REENTRY <--
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1 PLAN" IS A RELEASE PLAN THAT MAY INCLUDE DRUG AND ALCOHOL
2 TREATMENT, BEHAVIORAL HEALTH TREATMENT, JOB TRAINING, SKILLS
3 TRAINING, EDUCATION, LIFE SKILLS OR ANY OTHER CONDITIONS DEEMED
4 RELEVANT BY THE COURT.
5 Section 7. Section 9762 of Title 42 is amended to read:
6 § 9762. Sentencing proceeding; place of confinement.
7 [All persons sentenced to total or partial confinement for:
8 (1) maximum terms of five or more years shall be
9 committed to the Bureau of Correction for confinement;
10 (2) maximum terms of two years or more but less than
11 five years may be committed to the Bureau of Correction for
12 confinement or may be committed to a county prison within the
13 jurisdiction of the court;
14 (3) maximum terms of less than two years shall be
15 committed to a county prison within the jurisdiction of the
16 court except that as facilities become available on dates and
17 in areas designated by the Governor in proclamations
18 declaring the availability of State correctional facilities,
19 such persons may be committed to the Bureau of Correction for
20 confinement.] (a) Sentences or terms of incarceration
21 imposed before a certain date.--For the three-year period
22 beginning on the effective date of this subsection, all
23 persons sentenced to total or partial confinement for the
24 following terms shall be committed as follows:
25 (1) Maximum terms of five or more years shall be
26 committed to the Department of Corrections for confinement.
27 (2) Maximum terms of two years or more but less than
28 five years may be committed to the Department of Corrections
29 for confinement or may be committed to a county prison within
30 the jurisdiction of the court.
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1 (3) Maximum terms of less than two years shall be
2 committed to a county prison within the jurisdiction of the
3 court.
4 (b) Sentences or terms of incarceration imposed after a
5 certain date.--Beginning three years after the effective date of <--
6 this subsection, all ALL persons sentenced THREE OR MORE YEARS <--
7 AFTER THE EFFECTIVE DATE OF THIS SUBSECTION 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
20070H0004B3537 - 13 -
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 INTERMEDIATE punishment which does not require <--
11 confinement within 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. EVERY LEVEL 4 <--
24 OR 5 OFFENDER AS IDENTIFIED IN THE BASIC SENTENCING MATRIX
25 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING WHO
26 IS PARTICIPATING IN AN APPROVED WORK RELEASE PROGRAM. THE
27 REIMBURSEMENT PER PRISONER SHALL NOT EXCEED THE AVERAGE PER-
28 PRISONER COST OF CONFINEMENT PAID BY THE COMMONWEALTH FOR THE
29 CONFINEMENT OF PRISONERS IN THE DEPARTMENT OF CORRECTIONS. NO
30 MORE THAN $2,500,000 SHALL BE EXPENDED ANNUALLY FOR THIS
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1 PURPOSE. REIMBURSEMENT SHALL BE MADE ON A PRO RATA BASIS IF
2 THE TOTAL DOLLAR AMOUNT OF ELIGIBLE CONFINEMENT COSTS EXCEEDS
3 $2,500,000. NOTHING IN THIS PARAGRAPH SHALL PREVENT MORE THAN
4 $2,500,000 BEING APPROPRIATED FOR THIS PURPOSE. REIMBURSEMENT
5 SHALL BE MADE ON A PRO RATA BASIS IF THE TOTAL DOLLAR AMOUNT
6 OF ELIGIBLE CONFINEMENT COSTS EXCEEDS ANY ADDITIONAL
7 APPROPRIATION. A COUNTY SHALL NOT BE REIMBURSED UNDER THIS
8 SECTION FOR ANY OFFENDER PARTICIPATING IN AN APPROVED WORK
9 RELEASE PROGRAM FOR WHOM THE COUNTY IS BEING OR HAS BEEN
10 REIMBURSED FROM ANY OTHER STATE FUNDS REGARDLESS OF THEIR
11 SOURCE.
12 (2) County prisons may require reimbursements from other
13 county prisons or the Department of Corrections for inmates
14 voluntarily accepted for incarceration at mutually agreeable
15 rates. The Department of Corrections shall maintain a list of
16 those counties willing to accept voluntary placement of out-
17 of-county inmates.
18 (f) Aggregation.--For purposes of this section, the
19 sentences or terms of incarceration shall mean the entire
20 continuous term of incarceration to which a person is subject,
21 notwithstanding whether the sentence is the result of any of the
22 following:
23 (1) One or more sentences.
24 (2) Sentences imposed for violations of probation or
25 intermediate punishment.
26 (3) Sentences to be served upon recommitment for
27 violations of parole.
28 (4) Any other manner of sentence.
29 (g) Date of imposition.--For purposes of this section, if a
30 person is subject to multiple sentences or terms of
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1 incarceration or any combination of sentences or terms, the date
2 of the last sentence imposed or the date of recommitment,
3 whichever is later, shall determine the place of incarceration
4 and whether reimbursement is required.
5 (h) Transfer of prisoners.--Nothing in this section shall
6 prohibit the transfer of prisoners otherwise authorized by law
7 or prevent a judge from changing the place of confinement
8 between State and county facilities to the extent that the judge
9 would have such discretion at the time of imposition of sentence
10 or recommitment.
11 Section 8. Section 9764 of Title 42 is amended to read:
12 § 9764. Information required upon commitment and subsequent
13 disposition.
14 (a) General rule.--Upon commitment of an [offender] inmate
15 to the custody of the Department of Corrections, the sheriff or
16 transporting official shall provide to the institution's records
17 officer or duty officer, in addition to [the court commitment <--
18 order] A COPY OF THE COURT COMMITMENT FORM DC-300B GENERATED <--
19 FROM THE COMMON PLEAS CRIMINAL COURT CASE MANAGEMENT SYSTEM OF
20 THE UNIFIED JUDICIAL SYSTEM, the following information:
21 (1) Record of adjustment in the county correctional
22 facility, including, but not limited to, misconducts and
23 escape history.
24 (2) Any current medical or psychological condition
25 requiring treatment, including, but not limited to, suicide
26 attempts.
27 (3) [Any medical admission testing performed by the
28 county and the results of those tests, including, but not
29 limited to, hepatitis, HIV/AIDS, tuberculosis or other
30 infectious disease testing. Any release of medical
20070H0004B3537 - 16 -
1 information relating to HIV/AIDS shall be in accordance with
2 the act of November 29, 1990 (P.L.585, No.148), known as the
3 Confidentiality of HIV-Related Information Act.] All medical
4 records of the county correctional institution relating to
5 the inmate to the extent that those records may be disclosed
6 under Federal and State law. The records shall include
7 admission testing performed by the county and the results of
8 those tests and any testing related to hepatitis, HIV/AIDS,
9 tuberculosis or other infectious disease testing.
10 (4) Notice of current or previously administered
11 medications.
12 (5) A 48-hour supply of current medications.
13 (6) A written statement by the county correctional
14 institution relating to any sentencing credit to which the
15 inmate may be entitled.
16 (7) A written statement by the county correctional
17 institution setting forth all of the following:
18 (i) The dates on which the inmate was incarcerated.
19 (ii) The charges pending against the inmate with the
20 offense tracking number.
21 (iii) The date on which the inmate was released on
22 bail, if any, and a copy of the bail order.
23 (8) Information provided to the county correctional <--
24 institution by the court under subsection (b).
25 (8) A COPY OF THE SENTENCING ORDER AND ANY DETAINERS <--
26 FILED AGAINST THE INMATE WHICH THE COUNTY HAS NOTICE AND THE
27 COURT COMMITMENT FORM DC-300B GENERATED FROM THE COMMON PLEAS
28 CRIMINAL COURT CASE MANAGEMENT SYSTEM OF THE UNIFIED JUDICIAL
29 SYSTEM.
30 (b) Additional information.--Within ten days from the date
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1 sentence is imposed, the court shall provide to the county
2 correctional facility the following information pertaining to
3 the [offender] inmate:
4 (1) A copy of the presentence investigation report.
5 Where a presentence investigation report was not ordered by
6 the court, the official version of the crime for which the
7 [offender] inmate was convicted or a copy of the guilty plea
8 transcript or preliminary hearing transcript.
9 (2) The criminal complaint or affidavit of probable
10 cause accompanying the arrest warrant.
11 [(3) Where available, the police report summarizing the
12 facts of the crime.]
13 (4) A copy of the completed guideline sentence form
14 [issued by the Pennsylvania Commission on Sentencing].
15 (5) All of the following:
16 (i) A written, sealed sentencing order from the
17 county.
18 (ii) The sentencing colloquy sealed by the court.
19 (iii) Court commitment orders.
20 (iv) The completed Department of Correction's Court
21 Commitment State or County Correctional Institution Form
22 (DC 300B).
23 (v) Any detainers filed against the inmate of which
24 the county has notice.
25 (c) [Transfer of offender.--Where an offender is transferred
26 from a county correctional facility to a State correctional
27 facility for any reason, the information specified in subsection
28 (b) shall be transmitted to the State correctional facility
29 within 20 calendar days from the date on which the offender is
30 transferred.] Transmittal of additional inmate documentation.--
20070H0004B3537 - 18 -
1 If a document provided by the court under subsection (b) is
2 received by the county correctional institution after the inmate
3 is transferred to the custody of the Department of Corrections,
4 the document shall be transmitted to the Department of
5 Corrections within 20 calendar days of its receipt.
6 (c.1) Implementation.--
7 (1) The Department of Corrections may refuse to accept
8 custody of an inmate for whom the sheriff or transporting
9 official does not provide the information under subsection
10 (a) under the following circumstances:
11 (i) The county correctional facility has a pattern
12 or practice of not providing the information mandated
13 under this section.
14 (ii) The Department of Corrections has previously
15 notified the chief administrator of the county
16 correctional facility, the county commissioners, the
17 county sheriff and the president judge of the county of
18 the specific deficiencies that constitute a pattern or
19 practice.
20 (iii) The Department of Corrections has provided the
21 county with a reasonable period of time to provide the
22 documentation.
23 (iv) The Department of Corrections has notified the
24 officials designated under subparagraph (ii) of the
25 intent to refuse to accept inmates without documentation
26 as of a specified date that shall be no sooner than 30
27 days after the service of the notification.
28 (2) In cases of a refusal to accept custody of an inmate
29 under this subsection, the sheriff or transporting official
30 shall return the inmate to the sending county correctional
20070H0004B3537 - 19 -
1 institution, which shall accept custody of the inmate. The
2 inmate may be recommitted to the custody of the Department of
3 Corrections upon provision of the documentation required
4 under subsection (a).
5 (3) THE DEPARTMENT OF CORRECTIONS, BOARD AND A COUNTY <--
6 CORRECTIONAL FACILITY SHALL NOT BE LIABLE FOR COMPENSATORY,
7 PUNITIVE OR OTHER DAMAGES FOR RELYING IN GOOD FAITH ON ANY
8 SENTENCING ORDER OR COURT COMMITMENT FORM DC-300B GENERATED
9 FROM THE COMMON PLEAS CRIMINAL COURT CASE MANAGEMENT SYSTEM
10 OF THE UNIFIED JUDICIAL SYSTEM OR OTHERWISE TRANSMITTED TO
11 THEM.
12 (c.2) Electronic transfer of information.--The county or <--
13 other government officials required to provide documentation
14 under this section may provide the documentation in electronic
15 form. The Department of Corrections may establish guidelines
16 relating to the type of electronic documentation that will be
17 accepted. The Department of Correction's electronic
18 documentation requirements shall reasonably accommodate the
19 county practices and seek to reduce the requirement of paper
20 transfers. The Department of Corrections, in its discretion, may
21 require actual sealed court orders to the extent that they
22 relate to the commitment, term of sentence, or other matter that
23 may affect the fact or duration of confinement. This subsection <--
24 shall not be construed to require the county to develop new
25 information systems or data collection instruments.
26 (d) Transfer to county facility.--Upon transfer of an inmate
27 from a State correctional institution to a county correctional
28 facility, the Department of Corrections shall provide to the
29 county facility, unless the facility prior to the time of
30 transfer agrees to accept the inmate without the information,
20070H0004B3537 - 20 -
1 the record of the inmate's institutional adjustment, including,
2 but not limited to, misconducts and/or escape history, and
3 written notice of any current medical or psychological condition
4 requiring treatment, including, but not limited to, suicide
5 attempts, notice of current or previously ordered medication and
6 a 48-hour supply of current medication.
7 (e) Release by Department of Corrections.--Prior to the
8 release of an inmate from the Department of Corrections to State
9 parole supervision, the Department of Corrections shall provide
10 to the Board of Probation and Parole the information contained
11 in subsections (a)(1) and (2) and (b).
12 (f) Release from county correctional facility to State
13 probation or parole.--
14 (1) Prior to the release of an inmate from a county
15 correctional facility to State probation or parole
16 supervision, the facility shall provide to the Board of
17 Probation and Parole the information contained in subsections
18 (a)(1) through (4) and (b).
19 (2) Prior to the release of an inmate from a county
20 correctional facility to State probation or parole
21 supervision, the facility shall provide to the inmate his
22 current medications as prescribed and any customary and
23 necessary medical supplies as determined by the prescribing
24 physician.
25 (g) Release from county correctional facility to county
26 probation or parole.--
27 (1) Prior to the release of an inmate from a county
28 correctional facility to county probation or parole
29 supervision, the facility shall provide to the county
30 probation department the information contained in subsections
20070H0004B3537 - 21 -
1 (a)(1) through (4) and (b).
2 (2) Prior to the release of an inmate from a county
3 correctional facility to county probation or parole
4 supervision, the facility shall provide to the inmate his
5 current medications as prescribed and any customary and
6 necessary medical supplies as determined by the prescribing
7 physician.
8 (h) Record of inmate moneys.--Prior to the release of an
9 inmate from the Department of Corrections to State parole
10 supervision, the department shall provide to the Board of
11 Probation and Parole a record of any moneys paid by the inmate
12 and any balance remaining towards satisfaction of restitution or
13 any other court-ordered financial obligations. Prior to the
14 release of an inmate from a county correctional facility to
15 State parole supervision, the county correctional facility shall
16 provide to the Board of Probation and Parole a record of any
17 moneys paid by the inmate and any balance remaining towards the
18 satisfaction of restitution or any other court-ordered financial
19 obligations. Prior to the release of an inmate from a county
20 correctional facility to county parole supervision, the facility
21 shall provide to the county probation department or other agent
22 designated by the county commissioners of the county with the
23 approval of the president judge of the county a record of any
24 moneys paid by the inmate and any remaining balance towards the
25 satisfaction of restitution and any other court-ordered
26 financial obligations.
27 (i) Continuing payments.--The Board of Probation and Parole
28 shall require as a condition of parole that any inmate released
29 to their supervision shall make continuing payments on
30 restitution or any other court-ordered financial obligations.
20070H0004B3537 - 22 -
1 The sentencing court shall require as a condition of county
2 parole that any inmate released to the supervision of the county
3 probation department shall make continuing payments of
4 restitution or any other court-ordered financial obligations.
5 (j) Release after maximum sentence.--Upon release of an
6 inmate from the Department of Corrections at the expiration of
7 his maximum sentence, the Department of Corrections shall
8 transmit to the county probation department or other agent
9 designated by the county commissioners of the county with the
10 approval of the president judge of the county in which the
11 inmate was convicted a record of any moneys paid by the inmate
12 and any outstanding amounts owed by the inmate towards
13 satisfaction of restitution or any other court-ordered financial
14 obligations.
15 (k) Procedures.--The Department of Corrections and the
16 Pennsylvania Board of Probation and Parole shall develop
17 procedures to implement the provisions of this section.
18 (l) Application.--This section shall apply to offenders
19 transferred to or released from a State or county correctional
20 facility after the effective date of this section.
21 SECTION 8.1. TITLE 42 IS AMENDED BY ADDING A SECTION TO <--
22 READ:
23 § 9813. WORK RELEASE OR OTHER COURT ORDER AND PURPOSES.
24 (A) GENERALLY.--NOTWITHSTANDING ANY PROVISION OF LAW, IF ANY
25 OFFENDER HAS BEEN SENTENCED TO UNDERGO IMPRISONMENT IN A COUNTY
26 JAIL FOR A TERM OF LESS THAN FIVE YEARS, THE COURT, AT THE TIME
27 OF SENTENCE OR AT ANY TIME THEREAFTER UPON APPLICATION MADE IN
28 ACCORDANCE WITH THIS SECTION, MAY ENTER AN ORDER MAKING THE
29 OFFENDER ELIGIBLE TO LEAVE THE JAIL DURING NECESSARY AND
30 REASONABLE HOURS FOR THE PURPOSE OF WORKING AT HIS EMPLOYMENT,
20070H0004B3537 - 23 -
1 CONDUCTING HIS OWN BUSINESS OR OTHER SELF-EMPLOYED OCCUPATION,
2 INCLUDING HOUSEKEEPING AND ATTENDING TO THE NEEDS OF FAMILY,
3 SEEKING EMPLOYMENT, ATTENDING AN EDUCATIONAL INSTITUTION,
4 SECURING MEDICAL TREATMENT OR FOR OTHER LAWFUL PURPOSES AS THE
5 COURT SHALL CONSIDER NECESSARY AND APPROPRIATE.
6 (B) PROCEDURE.--AT THE TIME OF IMPOSITION OF A COUNTY JAIL
7 SENTENCE, A CRIME VICTIM RECEIVING NOTICE OF THE SENTENCE
8 IMPOSED SHALL BE INFORMED THAT THE OFFENDER MAY BE ELIGIBLE FOR
9 AN ORDER UNDER THIS SECTION. AN APPLICATION FOR AN ORDER UNDER
10 THIS SECTION SHALL BE SERVED ON THE ATTORNEY FOR THE
11 COMMONWEALTH. PRIOR TO GRANTING ANY ORDER UNDER THIS SECTION,
12 THE COURT SHALL ENSURE THAT THE ATTORNEY FOR THE COMMONWEALTH
13 AND A REGISTERED CRIME VICTIM HAVE RECEIVED NOTICE OF THE
14 APPLICATION AND HAD A REASONABLE OPPORTUNITY TO BE HEARD ON THE
15 APPLICATION.
16 (C) REVOCATION OR MODIFICATION OF PREVIOUSLY ENTERED
17 ORDER.--THE COUNTY JAIL OFFICIALS MAY DETAIN AND RECOMMIT THE
18 OFFENDER OR PRECLUDE THE OFFENDER FROM LEAVING THE COUNTY JAIL
19 IF THE OFFENDER VIOLATES THE CONDITIONS SET BY THE JAIL
20 OFFICIALS OR THE COURT, OR IF ALLOWING THE OFFENDER TO LEAVE THE
21 COUNTY JAIL POSES A RISK TO COMMUNITY SAFETY OR THE ORDERLY AND
22 SAFE MANAGEMENT OF THE JAIL. THE JAIL OFFICIALS SHALL NOTIFY THE
23 COURT OF SUCH ACTION. IN ADDITION, THE ORDER OF COURT MAY BE
24 REVOKED OR MODIFIED AT ANY TIME WITH NOTICE TO THE PRISONER.
25 Section 9. Section 9904 of Title 42 is amended by adding a
26 subsection to read:
27 § 9904. Referral to State intermediate punishment program.
28 * * *
29 (d.1) Resentencing.--The department may make a written
30 request to the sentencing court that an offender who is
20070H0004B3537 - 24 -
1 otherwise eligible but has not been referred for evaluation or
2 originally sentenced to State intermediate punishment be
3 sentenced to State intermediate punishment. The court may
4 resentence the offender to State intermediate punishment if all
5 of the following apply:
6 (1) The department has recommended placement in a drug
7 offender treatment program.
8 (2) The attorney for the Commonwealth and the offender
9 have agreed to the placement and modification of sentence.
10 (3) The court makes the findings set forth under
11 subsection (d).
12 (4) The resentencing has occurred within 180 days of the
13 date of the defendant's admission to the custody of the
14 department.
15 (5) The court has otherwise complied with all other
16 requirements for the imposition of sentence INCLUDING VICTIM <--
17 NOTIFICATION UNDER THE ACT OF NOVEMBER 24, 1998 (P.L.882,
18 NO.111), KNOWN AS THE CRIME VICTIMS ACT.
19 * * *
20 Section 10. Title 44 is amended by adding a part to read:
21 PART III
22 INCARCERATION
23 Chapter
24 51. Preliminary Provisions (Reserved)
25 53. Recidivism Risk Reduction Incentive
26 CHAPTER 51
27 PRELIMINARY PROVISIONS
28 (Reserved)
29 CHAPTER 53
30 RECIDIVISM RISK REDUCTION INCENTIVE
20070H0004B3537 - 25 -
1 Sec.
2 5301. Scope of chapter.
3 5302. Purpose.
4 5303. Definitions.
5 5304. Recidivism risk reduction incentive programs.
6 5305. Sentencing.
7 5306. Recidivism risk reduction incentive minimum.
8 5307. Authority of board.
9 5308. Written guidelines and regulations.
10 5309. Evaluation.
11 5310. Reports.
12 5311. Construction.
13 5312. Applicability.
14 § 5301. Scope of chapter.
15 This chapter relates to recidivism risk reduction incentive.
16 § 5302. Purpose.
17 This chapter seeks to create a program that ensures
18 appropriate punishment for persons who commit crimes, encourages
19 prisoner participation in evidence-based programs that reduce
20 the risks of future crime and ensures the openness and
21 accountability of the criminal justice process while ensuring
22 fairness to crime victims.
23 § 5303. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Board." The Pennsylvania Board of Probation and Parole.
28 "Commission." The Pennsylvania Commission on Sentencing.
29 "Court." The trial judge exercising sentencing jurisdiction
30 over an eligible offender under this chapter or the president
20070H0004B3537 - 26 -
1 judge or the president judge's designee if the original trial
2 judge is no longer serving as a judge of the sentencing court.
3 "Defendant." An individual charged with a criminal offense.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Eligible offender." A defendant or prisoner convicted of a
7 criminal offense who will be committed to the custody of the
8 department and who meets all of the following:
9 (1) Does not demonstrate a history of present or past
10 violent behavior.
11 (2) Has not been subject to a sentence the calculation
12 of which includes an enhancement for the use of a deadly
13 weapon as defined under law or the sentencing guidelines
14 promulgated by the Pennsylvania Commission on Sentencing OR <--
15 THE ATTORNEY FOR THE COMMONWEALTH HAS NOT DEMONSTRATED THAT
16 THE DEFENDANT HAS BEEN FOUND GUILTY OF OR WAS CONVICTED OF AN
17 OFFENSE INVOLVING A DEADLY WEAPON OR OFFENSE UNDER 18 PA.C.S.
18 CH. 61 (RELATING TO FIREARMS AND OTHER DANGEROUS ARTICLES) OR
19 THE EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED STATES OR
20 ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE
21 DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A
22 FOREIGN NATION.
23 (3) Has not been found guilty or previously convicted or
24 adjudicated delinquent for or an attempt or conspiracy to
25 commit a personal injury crime as defined under section 103
26 of the act of November 24, 1998 (P.L.882, No.111), known as
27 the Crime Victims Act, OR AN EQUIVALENT OFFENSE UNDER THE <--
28 LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR
29 POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE
30 COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION.
20070H0004B3537 - 27 -
1 (4) Has not been found guilty or previously convicted or
2 adjudicated delinquent for violating any of the following
3 provisions or an equivalent offense under the laws of the
4 United States or one of its territories or possessions,
5 another state, the District of Columbia, the Commonwealth of
6 Puerto Rico or a foreign nation:
7 (i) 18 Pa.C.S. § 4302 (relating to incest).
8 (ii) 18 Pa.C.S. § 5901 (relating to open lewdness).
9 (iii) 18 Pa.C.S. § 6312 (relating to sexual abuse of
10 children).
11 (iv) 18 Pa.C.S. § 6318 (relating to unlawful contact
12 with minor).
13 (v) 18 Pa.C.S. § 6320 (relating to sexual
14 exploitation of children).
15 (vi) 18 Pa.C.S. Ch. 76 Subch. C (relating to
16 Internet child pornography).
17 (VII) RECEIVED A CRIMINAL SENTENCE PURSUANT TO 42 <--
18 PA.C.S. § 9712.1 (RELATING TO SENTENCES FOR CERTAIN DRUG
19 OFFENSES COMMITTED WITH FIREARMS).
20 (vii) (VIII) Any offense listed under 42 Pa.C.S. § <--
21 9795.1 (relating to registration).
22 (5) Is not awaiting trial or sentencing for additional
23 criminal charges, if a conviction or sentence on the
24 additional charges would cause the defendant to become
25 ineligible under this definition.
26 (6) HAS NOT BEEN FOUND GUILTY OR PREVIOUSLY CONVICTED OF <--
27 VIOLATING SECTION 13(A)(14), (30) OR (37) OF THE ACT OF APRIL
28 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
29 DRUG, DEVICE AND COSMETIC ACT, WHERE THE SENTENCE WAS IMPOSED
30 PURSUANT TO 18 PA.C.S. § 7508(A)(1)(III), (2)(III), (3)(III),
20070H0004B3537 - 28 -
1 (4)(III), (7)(III) OR (8)(III) (RELATING TO DRUG TRAFFICKING
2 SENTENCING AND PENALTIES).
3 "Program plan." An individualized plan recommended by the
4 department that contains approved treatment and other approved
5 programs designed to reduce recidivism risk of a specific
6 prisoner.
7 § 5304. Recidivism risk reduction incentive programs.
8 (a) Authorization.--Subject to the provisions of this
9 chapter, the department is authorized to create or otherwise
10 designate treatment or other programs as recidivism risk
11 reduction incentive programs.
12 (b) Intent.--This chapter is intended to encourage eligible
13 offenders committed to the custody of the department to
14 participate in and successfully complete evidence-based programs
15 under this chapter that reduce the likelihood of recidivism and
16 improve public safety.
17 (c) Program requirements.--In accordance with the provisions
18 of this chapter, the department may designate a treatment
19 program or other program as a recidivism risk reduction
20 incentive program if there is appropriate scientific research
21 that demonstrates that the proposed program would likely reduce
22 overall recidivism rates or serious crime rates of program
23 participants. A recidivism risk reduction incentive program
24 designed to provide treatment in the form of a therapeutic
25 community for drug abuse or addiction shall meet the
26 requirements of an institutional therapeutic community as
27 defined under 42 Pa.C.S. § 9903 (relating to definitions).
28 (d) Consultation.--The department shall consult with
29 appropriate research and technical assistance organizations,
30 such as the National Institute of Justice, the National
20070H0004B3537 - 29 -
1 Institute of Corrections and the American Correctional
2 Association concerning evidence-based programs that reduce
3 recidivism risks of prisoners and the scientific research
4 relating to those programs.
5 (e) Program approval process.--
6 (1) The department shall publish, in a manner reasonably
7 calculated to inform, a detailed description of the program,
8 the types of offenders who will be eligible to participate in
9 the program, the name and citation of research reports that
10 demonstrate the effectiveness of the proposed program and the
11 name and address of a department contact person responsible
12 for receiving public comments. On the same date as
13 publication, the department shall also deliver a copy of the
14 list to the Judiciary Committee of the Senate and, the <--
15 Judiciary Committee of the House of Representatives, THE <--
16 BOARD, THE COMMISSION AND THE VICTIM ADVOCATE.
17 (2) Upon consideration of the public comments and the
18 expiration of at least 60 days from the date of publication
19 required under paragraph (1), the department may designate
20 any program published as approved for inclusion in the
21 recidivism risk reduction incentive program.
22 § 5305. Sentencing.
23 (a) Generally.--At the time of sentencing, the court shall
24 make a determination whether the defendant is an eligible
25 offender.
26 (b) Waiver of eligibility requirements.--The prosecuting
27 attorney, in the prosecuting attorney's sole discretion, may
28 advise the court that the Commonwealth has elected to waive the
29 eligibility requirements of this chapter IF THE VICTIM HAS BEEN <--
30 GIVEN NOTICE OF THE PROSECUTING ATTORNEY'S INTENT TO WAIVE THE
20070H0004B3537 - 30 -
1 ELIGIBILITY REQUIREMENTS AND AN OPPORTUNITY TO BE HEARD ON THE
2 ISSUE. THE COURT, AFTER CONSIDERING VICTIM INPUT, MAY REFUSE TO
3 ACCEPT THE PROSECUTING ATTORNEY'S WAIVER OF THE ELIGIBILITY
4 REQUIREMENTS.
5 (c) Recidivism risk reduction incentive minimum sentence.--
6 If the court determines that the defendant is an eligible
7 offender or the prosecuting attorney has waived the eligibility
8 requirements under subsection (b), the court shall enter a
9 sentencing order that does all of the following:
10 (1) Imposes the minimum and maximum sentences as
11 required under 42 Pa.C.S. § 9752 (relating to sentencing
12 proceeding generally).
13 (2) Imposes the recidivism risk reduction incentive
14 minimum sentence. The recidivism risk reduction incentive
15 minimum shall be equal to three-fourths of the minimum
16 sentence imposed when the minimum sentence is three years or
17 less. The recidivism risk reduction incentive minimum shall
18 be equal to five-sixths of the minimum sentence if the
19 minimum sentence is greater than three years. For purposes of
20 these calculations, partial days shall be rounded to the
21 nearest whole day. In determining the recidivism risk
22 reduction incentive minimum sentence, the aggregation
23 provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive
24 sentences of total confinement for multiple offenses) and
25 9762(d) (relating to sentencing proceeding; place of
26 confinement) shall apply.
27 (3) NOTWITHSTANDING PARAGRAPH (2), IF THE DEFENDANT WAS <--
28 PREVIOUSLY SENTENCED TO TWO OR MORE RECIDIVISM RISK REDUCTION
29 INCENTIVE MINIMUM SENTENCES, THE COURT SHALL HAVE THE
30 DISCRETION TO IMPOSE A SENTENCE WITH NO RECIDIVISM RISK
20070H0004B3537 - 31 -
1 REDUCTION INCENTIVE MINIMUM.
2 (3) (4) Complies with all other applicable sentencing <--
3 provisions, including provisions relating to victim
4 notification and the opportunity to be heard.
5 § 5306. Recidivism risk reduction incentive minimum.
6 (a) Generally.--The board or its designee shall parole ISSUE <--
7 A DECISION TO PAROLE, WITHOUT FURTHER REVIEW BY THE BOARD, a
8 prisoner who has been sentenced to a recidivism risk reduction
9 incentive minimum sentence at the expiration of that recidivism
10 risk reduction incentive minimum sentence upon a determination
11 that all of the following apply:
12 (1) The department certified that it has conducted an
13 appropriate assessment of the treatment needs and risks of
14 the prisoner using nationally recognized assessment tools
15 that have been normed and validated.
16 (2) The department has certified that it developed a
17 program plan based on the assessment conducted under
18 paragraph (1) that is designed to reduce the risk of
19 recidivism through the use of recidivism risk reduction
20 incentive programs authorized and approved under this chapter
21 that are appropriate for that particular prisoner.
22 (3) The department advised the prisoner that the
23 prisoner is required to successfully complete the program
24 plan.
25 (4) The prisoner has successfully completed all required
26 recidivism risk reduction incentive programs or other
27 programs designated in the program plan.
28 (5) The prisoner has maintained a good conduct record
29 following the imposition of the recidivism risk reduction
30 incentive minimum sentence.
20070H0004B3537 - 32 -
1 (6) The reentry plan for the prisoner is adequate.
2 (7) Individual conditions and requirements for parole
3 have been established.
4 (8) Notice and opportunity to be heard was provided by
5 the board to the sentencing court and the prosecuting
6 attorney in a manner consistent with section 21(b.2) of the
7 act of August 6, 1941 (P.L.861, No.323), referred to as the
8 Pennsylvania Board of Probation and Parole Law.
9 (9) The department has certified that the prisoner
10 continues to be an eligible offender. In the event that a
11 recidivism risk reduction minimum sentence was imposed
12 pursuant to the prosecutor's waiver of eligibility <--
13 requirements, the department has not received information
14 that the prisoner has a history of present or past violent
15 behavior UNDER SECTION 5305(B) (RELATING TO SENTENCING), THE <--
16 DEPARTMENT CERTIFIES THAT IT HAS NOT RECEIVED ADDITIONAL
17 INFORMATION DEMONSTRATING A HISTORY OF PAST OR PRESENT
18 VIOLENT BEHAVIOR WHICH WAS NOT AVAILABLE AT THE TIME OF
19 SENTENCING and the prosecuting attorney was unaware of that
20 information at the time of sentencing.
21 (10) There is no reasonable indication that the prisoner
22 poses a risk to public safety.
23 (b) Funding.--The department shall make all reasonable
24 efforts to seek appropriate funding and resources in order to
25 implement the recidivism risk reduction program.
26 (c) Program content.--Nothing in this section shall do any
27 of the following:
28 (1) Require the department to include recidivism risk
29 reduction programs in an individual program plan where the
30 risk assessment indicates that such a program is unlikely to
20070H0004B3537 - 33 -
1 reduce recidivism for that particular prisoner.
2 (2) Prohibit the department from including appropriate
3 community works or public service projects as part of the
4 program plan.
5 (3) Prohibit the department from making modifications to
6 the program plan at any time in order to ensure appropriate
7 treatment and recidivism risk reduction incentive program
8 placement.
9 (d) Adjudication.--Nothing in this section shall be
10 interpreted as granting a right to be paroled to any person, and
11 any decision by the board and its designees or the department,
12 under this section, shall not be considered an adjudication
13 under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
14 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
15 to judicial review of Commonwealth agency action).
16 § 5307. Authority of board.
17 If a prisoner has been sentenced by a court to a recidivism
18 risk reduction incentive minimum sentence and the prisoner is
19 not paroled under this chapter, the board shall have exclusive
20 authority to grant parole. Except as otherwise provided under
21 this chapter, the board shall retain its power and authority to
22 parole, commit and reparole prisoners committed to the
23 department.
24 § 5308. Written guidelines and regulations.
25 The department, upon consultation with the board, shall
26 develop written interim guidelines to assist in the
27 implementation of the provisions of this chapter. The interim
28 guidelines shall not be subject to the requirements of the act
29 of June 25, 1982 (P.L.633, No.181), known as the Regulatory
30 Review Act, and shall be effective for a period of two years
20070H0004B3537 - 34 -
1 after publication in the Pennsylvania Bulletin. The interim
2 guidelines shall be replaced by regulations promulgated by the
3 department consistent with the Regulatory Review Act on or
4 before the date of expiration of the interim guidelines.
5 § 5309. Evaluation.
6 The department, the board and the commission shall monitor
7 and evaluate the recidivism risk reduction incentive programs.
8 Evaluations under this section should be scientifically rigorous
9 and seek to determine the effectiveness of the programs,
10 including whether specific recidivism risk reduction incentive
11 programs have reduced the recidivism rates of the program
12 participants as compared to previously incarcerated and
13 similarly situated prisoners. The department, the board and the
14 commission shall make evaluations conducted under this section
15 and underlying data available to the public. The publicly
16 available data and evaluations shall comply with generally
17 accepted practices of the research community, including
18 expectations relating to subject privacy and identifying
19 information.
20 § 5310. Reports.
21 (a) Recidivism risk reduction.--The department, the board
22 and the commission shall monitor and evaluate the recidivism
23 risk reduction incentive programs to ensure that the goals and
24 objectives of this chapter are met. Reports to the General
25 Assembly shall be as follows:
26 (1) In odd-numbered years, the department shall present
27 a report of its evaluation to the Judiciary Committee of the
28 Senate and the Judiciary Committee of the House of
29 Representatives no later than February 1. The report shall
30 include all of the following:
20070H0004B3537 - 35 -
1 (i) The number of offenders determined by the
2 department to be eligible offenders under this chapter
3 and the offenses for which the offenders were committed
4 to the custody of the department.
5 (ii) The number of prisoners committed to the
6 custody of the department who were subject to a
7 recidivism risk reduction incentive minimum sentence.
8 (iii) The number of prisoners paroled at the
9 recidivism risk reduction incentive minimum date.
10 (iv) Any potential changes that would make the
11 program more effective.
12 (v) The six-month, one-year, three-year and five-
13 year recidivism rates for prisoners released at the
14 recidivism risk reduction incentive minimum sentence.
15 (vi) Any other information the department deems
16 relevant.
17 (2) In even-numbered years, the commission shall present
18 a report of its evaluation to the Judiciary Committee of the
19 Senate and the Judiciary Committee of the House of
20 Representatives no later than February 1. The report shall
21 include all of the following:
22 (i) Whether the goals of this chapter could be
23 achieved through amendments to parole or sentencing
24 guidelines.
25 (ii) The various options for parole or sentencing
26 guidelines under subparagraph (i).
27 (iii) The status of any proposed or implemented
28 guidelines designed to implement the provisions of this
29 chapter.
30 (iv) Any potential changes to the program that would
20070H0004B3537 - 36 -
1 be likely to reduce the risk of recidivism of prisoners
2 and improve public safety.
3 (v) Any other information the commission deems
4 relevant.
5 (b) Educational plan.--The Pennsylvania Commission on Crime
6 and Delinquency shall publish a report of a proposed educational
7 program plan within one year of the effective date of this
8 section. The proposed educational program plan shall be
9 developed in consultation with the department, commission,
10 board, the Pennsylvania District Attorneys Association, the
11 Victim Advocate and representatives of the judiciary and the
12 criminal defense bar and other criminal justice stakeholders.
13 The plan shall seek to provide cost-effective training or
14 information through electronic means, publications or continuing
15 educational programs that address the following topics:
16 (1) The treatment programs available through the board
17 and the department.
18 (2) The availability of programs and eligibility
19 requirements that can reduce recidivism risk including State
20 intermediate punishment, the motivational boot camp and
21 recidivism risk reduction incentives programs.
22 (3) The calculation of sentencing credit and practices
23 that could inadvertently prevent an inmate from receiving
24 sentence credit.
25 (4) Recent statutory changes relating to sentencing,
26 place of confinement, medical releases, transfer of inmates
27 and parole.
28 § 5311. Construction.
29 Notwithstanding any other provision of law, this chapter
30 shall not be construed to do any of the following:
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1 (1) Confer any legal right upon any individual,
2 including an individual participating in or seeking to
3 participate in a recidivism risk reduction incentive program,
4 to do any of the following:
5 (i) Participate in a recidivism risk reduction
6 incentive program.
7 (ii) Continue participation in a recidivism risk
8 reduction incentive program.
9 (iii) Modify the contents of the recidivism risk
10 reduction incentive program.
11 (iv) File any cause of action in any Federal or
12 State court challenging the department's determination
13 that a participant be suspended or expelled from or that
14 a participant has successfully completed or failed to
15 successfully complete any recidivism risk reduction
16 incentive program.
17 (2) Confer any legal right on any individual to be
18 released on parole under this act.
19 (3) Enlarge or limit the right of a participant to
20 appeal the participant's sentence.
21 § 5312. Applicability.
22 This chapter shall apply to persons incarcerated under the
23 supervision of the department.
24 SECTION 11. REPEALS ARE AS FOLLOWS: <--
25 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
26 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 42
27 PA.C.S. § 9813.
28 (2) SECTION 1 OF THE ACT OF AUGUST 13, 1963 (P.L.774,
29 NO.390), REFERRED TO AS THE COUNTY JAIL PRISONER TEMPORARY
30 RELEASE LAW, IS REPEALED.
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1 Section 11 12. This act shall take effect in 60 days. <--
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