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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2906, 3539               PRINTER'S NO. 4019

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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.












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