THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, KOTIK, BOYD, D. COSTA, DERMODY, HARKINS, HARRIS, HESS, HORNAMAN, KAVULICH, W. KELLER, METCALFE, MILLARD, MILLER, MOUL, MURT, SCAVELLO, STABACK, STERN, SWANGER, YOUNGBLOOD AND CALTAGIRONE, FEBRUARY 14, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2012   

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 61

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(Prisons and Parole) of the Pennsylvania Consolidated

Statutes, further providing for sentence of total confinement

and for prerelease plan for inmates.

Amending Titles 42 (Judiciary and Judicial Procedure) and 61

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(Prisons and Parole) of the Pennsylvania Consolidated

Statutes, further providing for sentences for second and

subsequent offenses and for general criteria for parole.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9756(b) and (e) of Title 42 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 9756.  Sentence of total confinement.

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(b)  Minimum sentence.--

(1)  [The] Except as provided in paragraph (1.1), the 

court shall impose a minimum sentence of confinement which

shall not exceed one-half of the maximum sentence imposed.

(1.1)  For any defendant being sentenced for commission

of a violent crime, the court shall impose all of the

following:

(i)  A minimum sentence of confinement which shall

not exceed 85% of the maximum sentence imposed.

(ii)  Notwithstanding the provisions of 18 Pa.C.S.

(relating to crimes and offenses) and this title, a

consecutive two-year term of probation.

(2)  The minimum sentence imposed under this section may

not be reduced through parole prior to the expiration of the

minimum sentence unless otherwise authorized by this section

or other law.

(3)  Except where the maximum sentence imposed is two

years or more, and except where a mandatory minimum sentence

of imprisonment or total confinement is required by law, the

court shall, at the time of sentencing, state whether or not

the defendant is eligible to participate in a reentry plan at

any time prior to the expiration of the minimum sentence or

at the expiration of a specified portion of the minimum

sentence. For maximum sentences of less than two years as

defined under section 9762(f) (relating to sentencing

proceeding; place of confinement), a court may parole a

defendant prior to the expiration of the minimum sentence

only if the defendant was made eligible to participate in a

reentry plan at the time of sentencing. The court shall

provide at least ten days' written notice and an opportunity

to be heard, pursuant to section 9776 (relating to judicial

power to release inmates), to the prosecuting attorney before

granting parole pursuant to this subsection. The reentry plan

eligibility shall be considered a part of the sentence and

subject to the requirements relating to the entry, recording

and reporting of sentences.

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(e)  Definitions.--[As used in this section, the term

"reentry plan" is a] The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Reentry release."  A release plan that may include drug and

alcohol treatment, behavioral health treatment, job training,

skills training, education, life skills or any other condition 

deemed relevant by the court.

"Violent crime."  As defined in 61 Pa.C.S. § 3702(e)

(relating to prerelease plan for inmates).

Section 2.  Section 3702(a) of Title 61 is amended and the

section is amended by adding a subsection to read:

Section 1.  Section 9714(g) of Title 42 of the Pennsylvania

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Consolidated Statutes, amended July 7, 2011 (P.L.220, No.40), is

amended and the section is amended by adding a subsection to

read:

§ 9714.  Sentences for second and subsequent offenses.

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(a.2)  Parole.--Any person sentenced under subsection (a)

shall not be eligible for parole until he has served 85% of the

maximum sentence as provided under subsection (a.1).

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(g)  Definition.--[As used in this section, the term "crime

of violence" means murder of the third degree, voluntary

manslaughter, aggravated assault as defined in 18 Pa.C.S. §

2702(a)(1) or (2) (relating to aggravated assault), rape,

involuntary deviate sexual intercourse, aggravated indecent

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

§ 3301(a) (relating to arson and related offenses), kidnapping,

burglary of a structure adapted for overnight accommodation in

which at the time of the offense any person is present, robbery

as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)

(relating to robbery), or robbery of a motor vehicle, drug

delivery resulting in death as defined in 18 Pa.C.S. § 2506(a)

(relating to drug delivery resulting in death), or criminal

attempt, criminal conspiracy or criminal solicitation to commit

murder or any of the offenses listed above, or an equivalent

crime under the laws of this Commonwealth in effect at the time

of the commission of that offense or an equivalent crime in

another jurisdiction.] As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Crimes of violence."  An offense under any of the following:

(1)  18 Pa.C.S. § 901 (relating to criminal attempt),

involving an attempt to commit an offense under 18 Pa.C.S. §

2502(a) or (b) (relating to murder), 2507(a) or (b) (relating

to criminal homicide of law enforcement officer) or any of

the offenses under paragraph (4), (5), (6), (7), (8), (9),

(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),

(19.1), (19.2) or (19.3).

(2)  18 Pa.C.S. § 902 (relating to criminal

solicitation), involving solicitation to commit an offense

under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b) or any of

the offenses under paragraph (4), (5), (6), (7), (8), (9),

(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),

(19.1), (19.2) or (19.3).

(3)  18 Pa.C.S. § 903 (relating to criminal conspiracy),

involving conspiracy to commit an offense under 18 Pa.C.S. §

2502(a) or (b), 2507(a) or (b) or any of the offenses under

paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),

(13), (14), (15), (16), (17), (18), (19), (19.1), (19.2) or

(19.3).

(4)  18 Pa.C.S. § 2502(c).

(5)  18 Pa.C.S. § 2503 (relating to voluntary

manslaughter).

(6)  18 Pa.C.S. § 2506 (relating to drug delivery

resulting in death).

(7)  18 Pa.C.S. § 2507(c) or (d).

(8)  18 Pa.C.S. § 2701(a)(3) or (4) (relating to simple

assault).

(9)  18 Pa.C.S. § 2702(a)(1) or (2) (relating to

aggravated assault).

(10)  18 Pa.C.S. § 2702.1 (relating to assault of law

enforcement officer).

(11)  18 Pa.C.S. § 2901 (relating to kidnapping).

(12)  18 Pa.C.S. § 3121 (relating to rape).

(13)  18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

(14)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

(15)  18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(16)  18 Pa.C.S. § 3301(a) (relating to arson and related

offenses).

(17)  18 Pa.C.S. § 3502 (relating to burglary), if at the

time of the offense the structure entered was adapted for

overnight accommodation.

(18)  18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating

to robbery).

(19)  18 Pa.C.S. § 3702 (relating to robbery of motor

vehicle).

(19.1)  18 Pa.C.S. § 4302 (relating to incest).

(19.2)  18 Pa.C.S. § 4952 (relating to intimidation of

witnesses or victims), involving a witness to or a victim of

a violation of 18 Pa.C.S. § 2502 or 2507 or any of the

offenses under paragraph (1), (2), (3), (4), (5), (6), (7),

(8), (9), (10), (11), (12), (13), (14), (15), (16), (17),

(18), (19), (19.1), (19.3), (20) or (21) or a violation of

section 13(a)(30) of the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act.

(19.3)  18 Pa.C.S. § 4953 (relating to retaliation

against witness, victim or party), involving a witness to,

victim of or party to a proceeding alleging a violation of 18

Pa.C.S. § 2502 or 2507 or any of the offenses under paragraph

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),

(12), (13), (14), (15), (16), (17), (18), (19), (19.1),

(19.2), (20) or (21) or a violation of section 13(a)(30) of

The Controlled Substance, Drug, Device and Cosmetic Act.

(20)  A crime equivalent to one listed under paragraph

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),

(12), (13), (14), (15), (16), (17), (18), (19), (19.1),

(19.2) or (19.3) under the laws of this Commonwealth in

effect at the time of the commission of the offense.

(21)  A crime equivalent to one listed under paragraph

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),

(12), (13), (14), (15), (16), (17), (18), (19), (19.1),

(19.2) or (19.3) under Federal law or in a jurisdiction

outside this Commonwealth.

Section 2.  Section 3702(a) of Title 61 is amended to read:

§ 3702.  Prerelease plan for inmates.

(a)  Transfer authorization.--

(1)  [The] Except as provided in paragraphs (2) and (3),

the secretary may transfer an inmate incarcerated in any

prerelease center or in any prerelease center located in any

State correctional institution who has not been sentenced to

death or life imprisonment to any prerelease center.

(2)  The transfer of the inmate to the prerelease center

shall not occur where the transfer is not appropriate due to

a certified terminal illness.

(3)  No inmate who is serving a period of incarceration

that includes a sentence imposed for commission of a violent

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crime any of the crimes of violence as defined in 42 Pa.C.S.

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§ 9714(g) (relating to sentences for second and subsequent

offenses) shall be eligible for prerelease status. This

section shall not apply to inmates described under this

paragraph.

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(e)  Definition.--As used in this section, the term "violent

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crime" means any of the following offenses:

(1)  18 Pa.C.S. § 901 (relating to criminal attempt)

involving an attempt to commit murder or any of the offenses

in paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),

(13), (14), (15), (16), (17) or (18).

(2)  18 Pa.C.S. § 902 (relating to criminal solicitation)

involving a solicitation to commit murder or any of the

offenses in paragraph (4), (5), (6), (7), (8), (9), (10),

(11), (12), (13), (14), (15), (16), (17) or (18).

(3)  18 Pa.C.S. § 903 (relating to criminal conspiracy)

involving a conspiracy to commit murder or any of the

offenses in paragraph (4), (5), (6), (7), (8), (9), (10),

(11), (12), (13), (14), (15), (16), (17) or (18).

(4)  18 Pa.C.S. § 2502(c) (relating to murder).

(5)  18 Pa.C.S. § 2503 (relating to voluntary

manslaughter).

(6)  18 Pa.C.S. § 2507(c) or (d) (relating to criminal

homicide of law enforcement officer).

(7)  18 Pa.C.S. § 2702(a)(1) or (2) (relating to

aggravated assault).

(8)  18 Pa.C.S. § 2702.1 (relating to assault of law

enforcement officer).

(9)  18 Pa.C.S. § 2901 (relating to kidnapping).

(10)  18 Pa.C.S. § 3121 (relating to rape).

(11)  18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

(12)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

(13)  18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(14)  18 Pa.C.S. § 3301(a) (relating to arson and related

offenses).

(15)  18 Pa.C.S. § 3502 (relating to burglary) if at the

time of the offense the structure entered was adapted for

overnight accommodation.

(16)  18 Pa.C.S. § 3701 (relating to robbery).

(17)  18 Pa.C.S. § 3702 (relating to robbery of motor

vehicle).

(18)  18 Pa.C.S. § 4302 (relating to incest).

(19)  A crime equivalent to an offense in paragraph (1),

(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),

(13), (14), (15), (16), (17) or (18) under the laws of this

Commonwealth in effect at the time of the commission of the

offense.

(20)  A crime equivalent to an offense in paragraph (1),

(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),

(13), (14), (15), (16), (17), (18) or (19) under Federal law

or in a jurisdiction outside this Commonwealth.

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

Section 3.  Section 6137(a) of Title 61 is amended by adding

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a paragraph to read:

§ 6137.  Parole power.

(a)  General criteria for parole.--

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(1.1)  The board may not release on parole any inmate

serving a sentence imposed under 42 Pa.C.S. § 9714(a)

(relating to sentences for second and subsequent offenses)

until he has served at least 85% of the maximum sentence as

provided under 42 Pa.C.S. § 9714(a.1).

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Section 4.  This act shall take effect in 60 days.