SENATE AMENDED PRIOR PRINTER'S NOS. 2906, 3539 PRINTER'S NO. 4019
No. 7 Session of 2007
INTRODUCED BY CALTAGIRONE, D. O'BRIEN, BENNINGHOFF, BLACKWELL, CAPPELLI, HALUSKA, HARPER, M. O'BRIEN, PARKER, ROEBUCK, SIPTROTH, WALKO, WATERS, WHEATLEY, BRENNAN, MELIO, JAMES, GEIST, YOUNGBLOOD AND THOMAS, NOVEMBER 27, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 23, 2008
AN ACT 1 Amending the act of May 31, 1919 (P.L.356, No.170), entitled, as 2 amended, "An act authorizing courts of record to remove 3 convicts and persons confined in jails, workhouses, 4 reformatories, reform or industrial schools, penitentiaries, 5 prisons, houses of correction or any other penal 6 institutions, who are seriously ill, to other institutions; 7 and providing penalties for breach of prison," further 8 providing for removal of certain convicts who are seriously 9 ill. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 1 of the act of May 31, 1919 (P.L.356, 13 No.170), entitled "An act authorizing courts of record to remove 14 convicts and persons confined in jails, workhouses, 15 reformatories, reform or industrial schools, penitentiaries, 16 prisons, houses of correction or any other penal institutions, 17 who are seriously ill, to other institutions; and providing 18 penalties for breach of prison," amended January 26, 1966 (1965 19 P.L.1593, No.561), is amended to read:
1 [Section 1. Be it enacted, &c., That whenever any convict or 2 person is confined in any jail, workhouse, reformatory, or 3 reform or industrial school, penitentiary, prison, house of 4 correction or any other penal institution, under conviction or 5 sentence of a court, or is so confined while awaiting trial or 6 confined for any other reason or purpose, and it is shown to a 7 court of record by due proof that such convict or person is 8 seriously ill, and that it is necessary that he or she be 9 removed from such penal institution, the court shall have power 10 to modify its sentence, impose a suitable sentence, or modify 11 the order of confinement for trial, as the case may be, and 12 provide for the confinement or care of such convict or person in 13 some other suitable institution where proper treatment may be 14 administered. Upon the recovery of such person, the court shall 15 recommit him or her to the institution from which he or she was 16 removed.] 17 Section 1. Removal. 18 (a) Prisoners committed to custody of the Department of 19 Corrections.--If a prisoner is committed to the custody of the 20 Department of Corrections, the Department of Corrections <-- 21 DEPARTMENT, the prisoner or a person to whom the court grants <-- 22 standing to act on behalf of the prisoner may petition the 23 sentencing court to temporarily defer service of the sentence of 24 confinement and temporarily remove the prisoner committed to the 25 custody of the Department of Corrections DEPARTMENT, OR OTHER <-- 26 FACILITIES, for placement in a hospital, long-term nursing care 27 facility or hospice care location. The following shall apply: 28 (1) The sentencing court may approve the petitioner's 29 request to temporarily defer service of the sentence of 30 confinement and place the prisoner in a hospital or long-term 20070H0007B4019 - 2 -
1 nursing care facility UNDER ELECTRONIC MONITORING BY THE <-- 2 DEPARTMENT upon clear and convincing proof that all of the 3 following apply: 4 (i) The medical needs of the prisoner can be more 5 appropriately addressed in the hospital or long-term care 6 nursing facility. 7 (ii) The hospital or long-term care nursing facility 8 requested by the petitioner has agreed to accept the 9 placement of the prisoner and to provide necessary 10 medical care. 11 (iii) The prisoner is seriously ill AND IS EXPECTED <-- 12 BY A TREATING PHYSICIAN TO NOT LIVE FOR MORE THAN ONE 13 YEAR. 14 (iv) There are no writs filed or detainers lodged 15 against the prisoner and the prisoner is not subject to 16 any court order requiring the prisoner's presence. 17 (v) The placement in the hospital or long-term care 18 nursing facility does not pose an undue risk of escape or 19 danger to the community. In making this determination the 20 sentencing court shall consider the prisoner's 21 institutional conduct record, whether the prisoner was 22 ever convicted of a crime of violence, the length of time 23 that the prisoner has been imprisoned and any other 24 factors the sentencing court deems relevant. 25 (vi) The hospital or long-term nursing care facility 26 has agreed to notify the Department of Corrections <-- 27 DEPARTMENT and the court of any material changes in the <-- 28 health status of the prisoner, the nature of the care 29 provided or other information required by the Department 30 of Corrections. 20070H0007B4019 - 3 -
1 (vii) Each agency representing the Commonwealth at a 2 proceeding which resulted in an order committing or 3 detaining the prisoner, the State or local correctional 4 facility housing the inmate and any registered crime 5 victim have been given notice and an opportunity to be 6 heard on the petition. 7 (2) The sentencing court may approve the petitioner's 8 request to temporarily defer service of the sentence of 9 confinement in order for the prisoner to receive care from a 10 licensed hospice care provider, proposed by the petitioner <-- 11 AND SUBJECT TO ELECTRONIC MONITORING BY THE DEPARTMENT if all <-- 12 of the following are established by clear and convincing 13 proof: 14 (i) The prisoner is terminally ill, not ambulatory 15 and likely to die in the near future. 16 (ii) The licensed hospice care provider can provide 17 the prisoner with more appropriate care. 18 (iii) Appropriate medical care and palliative and 19 supportive services will be provided by the licensed 20 hospice care provider at the proposed hospice care 21 location. 22 (iv) The placement of the prisoner in the proposed, 23 licensed hospice care location does not pose an undue 24 risk of escape or danger to the community. In making this 25 determination the sentencing court shall consider the 26 prisoner's institutional conduct record, whether the 27 prisoner was ever convicted of a crime of violence, the 28 length of time that the prisoner has been imprisoned and 29 any other factors the sentencing court deems relevant. 30 (v) The licensed hospice care provider has agreed to 20070H0007B4019 - 4 -
1 notify the Department of Corrections DEPARTMENT and the <-- 2 court of any material changes in the health status of the 3 prisoner, the nature of the hospice care provided or 4 other information required by the Department of <-- 5 Corrections DEPARTMENT or the court. <-- 6 (vi) Each agency representing the Commonwealth at a 7 proceeding which resulted in an order committing or 8 detaining the prisoner, the State or local correctional 9 facility housing the prisoner and any registered crime 10 victim have been given notice and an opportunity to be 11 heard on the petition. 12 (3) Any order entered pursuant to this subsection 13 temporarily deferring service of a prisoner's sentence of 14 confinement shall include a provision that the Department of <-- 15 Corrections DEPARTMENT or prosecuting attorney may at any <-- 16 time petition the sentencing court for an order directing 17 that the prisoner be recommitted to the custody of the 18 Department of Corrections DEPARTMENT if the circumstances <-- 19 under which the prisoner was released change or for any 20 previously unknown circumstances, including a change in the 21 prisoner's medical status, the prisoner's risk of escape, the 22 prisoner's danger to the community, or the nature of the 23 medical or other care provided by the hospital, long-term 24 care nursing facility or hospice care provider. 25 (4) The sentencing court may terminate at any time its 26 order authorizing the temporary deferral of the service of a 27 prisoner's sentence of confinement entered pursuant to this 28 subsection. A prisoner taken into custody pursuant to an 29 order directing the prisoner's detention or recommitment 30 under this subsection shall be delivered to the nearest State 20070H0007B4019 - 5 -
1 correctional institution to be housed by the Department of <-- 2 Corrections DEPARTMENT pending a hearing on the matter. <-- 3 (b) Prisoners committed to the custody of other 4 facilities.--A prisoner not committed to the custody of the 5 Department of Corrections DEPARTMENT but confined in a <-- 6 correctional facility, jail or other institution authorized to 7 incarcerate or detain persons for criminal sentences, violations 8 of criminal law or orders of parole, probation, bail or other 9 order related to a civil or criminal matter may have service of 10 his sentence of confinement deferred and may be placed in a 11 hospital, long-term care nursing facility or LICENSED hospice <-- 12 care location, SUBJECT TO ELECTRONIC MONITORING, by order of the <-- 13 judge that committed the person to a facility, jail or other 14 institution or by another available judge designated to preside 15 if all of the following are established by clear and convincing 16 proof: 17 (1) The chief administrator of the correctional 18 facility, jail or other institution or the chief 19 administrator's designee or the prisoner or a person to whom 20 the court grants standing to act on behalf of the prisoner 21 petitions the court or has given written consent to the grant 22 of a petition under this section filed on behalf of the 23 prisoner. 24 (2) There is sufficient proof to establish the 25 requirements for a placement to a hospital or long-term care 26 nursing facility under subsection (a)(1) or a placement to a 27 hospice care location under subsection (a)(2). 28 (3) An entry of an order pursuant to this subsection 29 temporarily deferring service of a prisoner's sentence of 30 confinement shall include a provision that the administrator 20070H0007B4019 - 6 -
1 of the local correctional facility or the prosecuting 2 attorney may at any time petition the sentencing court 3 seeking the issuance of a bench warrant directing that the 4 prisoner be recommitted to the custody of the local 5 correctional facility if the circumstances under which the 6 prisoner was released change or for previously unknown 7 circumstances, including a change in the prisoner's medical 8 status, the prisoner's risk of escape, the prisoner's danger 9 to the community or the nature of the medical or other care 10 provided by the hospital, long-term care nursing facility or 11 hospice care provider. 12 (4) The sentencing court may terminate at any time its 13 order authorizing the temporary deferral of the service of a 14 prisoner's sentence of confinement entered pursuant to this 15 subsection. A prisoner taken into custody pursuant to an 16 order directing his detention or recommitment under this 17 subsection shall be delivered to the county correctional 18 facility, jail or other institution at which he was confined 19 prior to the entry of the order deferring the service of his 20 sentence of confinement pending a hearing on the matter. 21 (c) Service.--Any petition filed under this section shall be 22 served on each agency representing the Commonwealth at each 23 proceeding which resulted in an order by which the prisoner is 24 committed or detained and to the State or local correctional 25 facility responsible for housing the prisoner. Each party shall 26 have an opportunity to object and be heard as to the petition 27 for alternative placement, the circumstances of placement, the 28 conditions of return or any other relevant issue. The court 29 shall ensure that any crime victim entitled to notification 30 under section 201(7) or (8) of the act of November 24, 1998 20070H0007B4019 - 7 -
1 (P.L.882, No.111), known as the Crime Victims Act, has been 2 given notice and the opportunity to be heard on the petition. 3 All parties served or notified under this subsection shall 4 receive a copy of the final order adjudicating the petition. 5 (d) Notice.-- 6 (1) Any order entered under this section placing a 7 prisoner in a hospital, long-term care nursing facility or 8 hospice care location which provides care to persons who were 9 not placed therein pursuant to an order entered under this 10 section shall direct the individual in charge of the 11 hospital, long-term care nursing facility or hospice care 12 location to ensure that each person receiving care at, and 13 each employee or contractor working in, the hospital, long- 14 term care nursing facility or hospice care location is 15 notified that the placement was ordered if it is foreseeable 16 that the person, employee or contractor will come into 17 contact with the prisoner during the placement. 18 (2) The sentencing court shall forward notice of any 19 order entered under this section placing a prisoner in a 20 hospital, long-term care nursing facility or hospice care 21 location to the hospital, long-term care nursing facility or 22 hospice care location and to the Department of Public 23 Welfare. 24 (e) Petition requirements.--Any petition filed pursuant to 25 this section must aver: 26 (1) The name of the hospital, long-term care nursing 27 facility or hospice care location proposed for placement. 28 (2) That the petitioner reasonably believes the named 29 hospital, long-term care nursing facility or hospice care 30 location has agreed to accept the placement of the prisoner 20070H0007B4019 - 8 -
1 and the facts upon which that belief is based. 2 (f) Definitions.--As used in this section, the following 3 words and phrases shall have the meanings given to them in this 4 subsection unless the context clearly indicates otherwise: 5 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE <-- 6 COMMONWEALTH. 7 "Hospice care location." A home, independent living 8 environment or inpatient setting that will provide a coordinated 9 program of palliative and supportive services through a licensed 10 hospice care provider. 11 "Hospital." An entity licensed as an acute-care general 12 hospital, a specialty hospital or a rehabilitation hospital 13 under the act of July 19, 1979 (P.L.130, No.48), known as the 14 Health Care Facilities Act. 15 "Licensed hospice care provider." A hospice as defined under 16 section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 17 known as the Health Care Facilities Act. 18 "Long-term care nursing facility." A long-term care nursing 19 facility as defined under section 802.1 of the act of July 19, 20 1979 (P.L.130, No.48), known as the Health Care Facilities Act. 21 "Prosecuting attorney." The district attorney of the county <-- 22 that most recently sentenced a prisoner, or a designee of the 23 district attorney. 24 "PROSECUTING ATTORNEY." THE OFFICE OF ATTORNEY GENERAL OR <-- 25 THE OFFICE OF A DISTRICT ATTORNEY OF A COUNTY WHO REPRESENTED 26 THE COMMONWEALTH AT THE MOST RECENT SENTENCING OF THE PRISONER. 27 "Sentencing court." The trial judge who most recently 28 sentenced a prisoner or the president judge of the county court 29 of common pleas if the trial judge is no longer serving as a 30 judge of that court. 20070H0007B4019 - 9 -
1 Section 2. Section 2 of the act is amended to read: 2 [Section 2. If any person so removed under an order of 3 court, as provided in the first section of this act, shall 4 escape, he or she, so offending, shall, upon conviction thereof, 5 be guilty of the crime of breach of prison.] 6 Section 2. Removal from placement. 7 If any person placed in a hospital, long-term care nursing 8 facility or hospice care location pursuant to this act removes 9 himself from the hospital, long-term care nursing facility or 10 hospice care location, he shall be subject to arrest upon 11 probable cause and shall, upon conviction thereof, be guilty of 12 criminal contempt. 13 Section 3. This act shall take effect in 60 days. K26L61RZ/20070H0007B4019 - 10 -