THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL AND LEACH, DECEMBER 14, 2009

REFERRED TO JUDICIARY, DECEMBER 14, 2009  

AN ACT

Amending Title 61 (Penal and Correctional Institutions) of the

Pennsylvania Consolidated Statutes, in inmate prerelease

plans, providing for inmates serving short minimum sentences;

and, in probation and parole, further providing for parole

power.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 61 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3705.  Inmates serving short minimum sentences.

Subject to the provisions of this chapter on procedures for

prerelease, if an inmate is within 18 months of completing his

minimum sentence when the inmate is committed to the supervision

of the department and the inmate has no outstanding detainers,

the inmate may be transferred to and confined in a prerelease

center regardless of the length of time that the inmate has been

under the supervision of the department. While confined in the

prerelease center, the inmate may complete any prescribed

programming consistent with the inmate's prerelease plan.

Section 2.  Section 6137(a) of Title 61 is amended by adding

a paragraph to read:

§ 6137.  Parole power.

(a)  General criteria for parole.--

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(3.1)  (i)  If an inmate's minimum term of imprisonment

is expiring and the primary reason for not paroling the

inmate is the inmate's inability to access and complete

prescribed programming within the correctional

institution, the board may release the inmate on parole

with the condition that the inmate complete the

prescribed programming while on parole.

(ii)  This paragraph shall not apply to offenders who

are serving a term of imprisonment for a crime of

violence as defined in 42 Pa.C.S. § 9714 (relating to

sentences for second and subsequent offenses) or for a

crime requiring registration under 42 Pa.C.S. § 9795.1

(relating to registration).

* * *

Section 3.  This act shall take effect in 60 days.