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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON AND M. WHITE, JANUARY 12, 2011 |
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| REFERRED TO JUDICIARY, JANUARY 12, 2011 |
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| AN ACT |
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1 | Amending Titles 42 (Judiciary and Judicial Procedure) and 61 |
2 | (Prisons and Parole) of the Pennsylvania Consolidated |
3 | Statutes, in Pennsylvania Commission on sentencing, further |
4 | providing for powers and duties and for publication of |
5 | guidelines; in sentences, further providing for sentences for |
6 | second and subsequent offenses, for sentencing generally and |
7 | for sentence of county intermediate punishment; providing for |
8 | court-imposed sanctions for offenders violating probation; |
9 | further providing for county intermediate punishment |
10 | programs; in inmate prerelease plans, providing for time |
11 | eligibility for prerelease; in State intermediate punishment, |
12 | further providing for definitions and for referral to State |
13 | intermediate punishment program; in recidivism risk reduction |
14 | incentive, further providing for definitions; establishing |
15 | the Safe Community Reentry Program; providing for the powers |
16 | and duties of the Pennsylvania Board of Probation and Parole |
17 | and the Department of Corrections; and making appropriations. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Sections 2153(a)(14) and (15), 2155, 9714(g) and |
21 | 9721(a.1) of Title 42 of the Pennsylvania Consolidated Statutes |
22 | are amended to read: |
23 | § 2153. Powers and duties. |
24 | (a) General rule.--The commission, pursuant to rules and |
25 | regulations, shall have the power to: |
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1 | * * * |
2 | (14) Establish a program to systematically monitor |
3 | compliance with the guidelines, with the risk assessment |
4 | instrument, with recommitment ranges and with mandatory |
5 | sentencing laws to document eligibility for and releases |
6 | pursuant to a county reentry plan, to document eligibility |
7 | for and imposition of recidivism risk reduction incentive |
8 | minimum sentences and to document all parole and reparole |
9 | decisions by the board and any other paroling authority by: |
10 | (i) Promulgating forms which document the |
11 | application of sentencing, resentencing and parole |
12 | guidelines, mandatory sentencing laws, risk assessment |
13 | instrument, releases pursuant to a county reentry plan, |
14 | recommitment ranges and recidivism risk reduction |
15 | incentive minimum sentences and collecting information on |
16 | all parole and reparole decisions by the board and any |
17 | other paroling authority. |
18 | (ii) Requiring the timely completion and electronic |
19 | submission of such forms to the commission. |
20 | (15) Prior to adoption of changes to guidelines for |
21 | sentencing, resentencing and parole, risk assessment |
22 | instrument and recommitment ranges following revocation, use |
23 | a correctional population simulation model to determine: |
24 | (i) Resources that are required under current |
25 | guidelines, risk assessment instrument and ranges. |
26 | (ii) Resources that would be required to carry out |
27 | any proposed changes to the guidelines, risk assessment |
28 | instrument and ranges. |
29 | * * * |
30 | § 2155. Publication of guidelines for sentencing, resentencing |
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1 | and parole, risk assessment instrument and |
2 | recommitment ranges following revocation. |
3 | (a) General rule.--The commission shall: |
4 | (1) Prior to adoption, publish in the Pennsylvania |
5 | Bulletin all proposed sentencing guidelines, resentencing |
6 | guidelines following revocation of probation, county |
7 | intermediate punishment and State intermediate punishment, |
8 | parole guidelines, risk assessment instrument and |
9 | recommitment ranges following revocation by the board of |
10 | paroles granted, and hold public hearings not earlier than 30 |
11 | days and not later than 60 days thereafter to afford an |
12 | opportunity for the following persons and organizations to |
13 | testify: |
14 | (i) Pennsylvania District Attorneys Association. |
15 | (ii) Chiefs of Police Associations. |
16 | (iii) Fraternal Order of Police. |
17 | (iv) Public Defenders Organization. |
18 | (v) Law school faculty members. |
19 | (vi) State Board of Probation and Parole. |
20 | (vii) Department of Corrections. |
21 | (viii) Pennsylvania Bar Association. |
22 | (ix) Pennsylvania Wardens Association. |
23 | (x) Pennsylvania Association on Probation, Parole |
24 | and Corrections. |
25 | (xi) Pennsylvania Conference of State Trial Judges. |
26 | (xii) Any other interested person or organization. |
27 | (2) Publish in the Pennsylvania Bulletin sentencing |
28 | guidelines, resentencing guidelines following revocation of |
29 | probation, county intermediate punishment and State |
30 | intermediate punishment, parole guidelines, risk assessment |
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1 | instrument and recommitment ranges following revocation by |
2 | the board of paroles granted as adopted by the commission. |
3 | (b) Rejection by General Assembly.--Subject to gubernatorial |
4 | review pursuant to section 9 of Article III of the Constitution |
5 | of Pennsylvania, the General Assembly may by concurrent |
6 | resolution reject in their entirety any guidelines, risk |
7 | assessment instrument or recommitment ranges adopted by the |
8 | commission within 90 days of their publication in the |
9 | Pennsylvania Bulletin pursuant to subsection (a)(2). |
10 | (c) Effective date.-- |
11 | (1) Sentencing guidelines, resentencing guidelines |
12 | following revocation of probation, county intermediate |
13 | punishment and State intermediate punishment, parole |
14 | guidelines, risk assessment instrument and recommitment |
15 | ranges following revocation by the board of paroles granted, |
16 | adopted by the commission shall become effective 90 days |
17 | after publication in the Pennsylvania Bulletin pursuant to |
18 | subsection (a)(2) unless disapproved pursuant to subsection |
19 | (b) and shall apply to sentences and resentences and parole |
20 | decisions made after the effective date of the guidelines. |
21 | (2) If not disapproved, the [commissioners] commission |
22 | shall conduct training and orientation for trial court judges |
23 | and board members prior to the effective date of the |
24 | guidelines, risk assessment instrument and recommitment |
25 | ranges. |
26 | § 9714. Sentences for second and subsequent offenses. |
27 | * * * |
28 | (g) Definition.--As used in this section, the term "crime of |
29 | violence" means murder of the third degree, voluntary |
30 | manslaughter, manslaughter of a law enforcement officer as |
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1 | defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
2 | homicide of law enforcement officer), murder of the third degree |
3 | involving an unborn child as defined in 18 Pa.C.S. § 2604(c) |
4 | (relating to murder of unborn child), aggravated assault of an |
5 | unborn child as defined in 18 Pa.C.S. § 2606 (relating to |
6 | aggravated assault of unborn child), aggravated assault as |
7 | defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
8 | aggravated assault), assault of law enforcement officer as |
9 | defined in 18 Pa.C.S. § 2702.1 (relating to assault of law |
10 | enforcement officer), use of weapons of mass destruction as |
11 | defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass |
12 | destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) |
13 | (relating to terrorism), trafficking of persons when the offense |
14 | is graded as a felony of the first degree as provided in 18 |
15 | Pa.C.S. § 3002 (relating to trafficking of persons), rape, |
16 | involuntary deviate sexual intercourse, aggravated indecent |
17 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
18 | § 3301(a) (relating to arson and related offenses), ecoterrorism |
19 | as defined in 18 Pa.C.S. § 3311(b)(2) (relating to |
20 | ecoterrorism), kidnapping, burglary of a structure adapted for |
21 | overnight accommodation in which at the time of the offense any |
22 | person is present, robbery as defined in 18 Pa.C.S. § 3701(a)(1) |
23 | (i), (ii) or (iii) (relating to robbery), or robbery of a motor |
24 | vehicle, or criminal attempt, criminal conspiracy or criminal |
25 | solicitation to commit murder or any of the offenses listed |
26 | above, or an equivalent crime under the laws of this |
27 | Commonwealth in effect at the time of the commission of that |
28 | offense or an equivalent crime in another jurisdiction. |
29 | § 9721. Sentencing generally. |
30 | * * * |
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1 | (a.1) Exception.-- |
2 | (1) Unless specifically authorized under section 9763 |
3 | (relating to a sentence of county intermediate punishment) or |
4 | Chapter 99 (relating to State intermediate punishment), |
5 | subsection (a) shall not apply where a mandatory minimum |
6 | sentence is otherwise provided by law. |
7 | (2) An eligible offender may be sentenced to State |
8 | intermediate punishment pursuant to subsection (a)(7) and as |
9 | described in Chapter 99 or to State motivational boot camp as |
10 | described in 61 Pa.C.S. Ch. 39 (relating to motivational boot |
11 | camp), even if a mandatory minimum sentence would otherwise |
12 | be provided by law. |
13 | (3) An eligible offender may be sentenced to total |
14 | confinement pursuant to subsection (a)(4) and a recidivism |
15 | risk reduction incentive minimum sentence pursuant to section |
16 | 9756(b.1) (relating to sentence of total confinement), even |
17 | if a mandatory minimum sentence would otherwise be provided |
18 | by law. |
19 | * * * |
20 | Section 2. Section 9763(c) heading of Title 42 is amended |
21 | and the section is amended by adding a subsection to read: |
22 | § 9763. Sentence of county intermediate punishment. |
23 | * * * |
24 | (c) Restriction for certain Vehicle Code violations.-- |
25 | * * * |
26 | (c.1) Restriction for drug trafficking.-- |
27 | (1) Any person receiving a penalty imposed pursuant to |
28 | 18 Pa.C.S. § 7508 (relating to drug trafficking sentencing |
29 | and penalties) where the sentence is imposed pursuant to 18 |
30 | Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may |
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1 | only be sentenced to county intermediate punishment after |
2 | undergoing a diagnostic assessment of dependency on alcohol |
3 | or other drugs. |
4 | (2) If the defendant is determined to be in need of drug |
5 | and alcohol treatment, the defendant may only be sentenced to |
6 | county intermediate punishment which includes participation |
7 | in clinically prescribed drug and alcohol treatment combined |
8 | with one or more of the following programs: |
9 | (i) a residential inpatient program or a residential |
10 | rehabilitative center; |
11 | (ii) house arrest with electronic surveillance; or |
12 | (iii) a partial confinement program, including, but |
13 | not limited to, work release, work camp and halfway |
14 | facility. |
15 | (3) If the defendant is determined not to be in need of |
16 | drug and alcohol treatment, the defendant may only be |
17 | sentenced to county intermediate punishment in: |
18 | (i) house arrest with electronic surveillance; |
19 | (ii) a partial confinement program, including, but |
20 | not limited to, work release, work camp and halfway |
21 | facility; or |
22 | (iii) any combination of the programs specified in |
23 | this paragraph. |
24 | (4) Each day of participation in a restrictive |
25 | intermediate punishment program or combination of programs |
26 | shall be considered the equivalent of and satisfy one day of |
27 | total confinement required pursuant to 18 Pa.C.S. § 7508 |
28 | where the sentence is imposed pursuant to 18 Pa.C.S. § |
29 | 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i). |
30 | * * * |
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1 | Section 3. Title 42 is amended by adding a section to read: |
2 | § 9771.1. Court-imposed sanctions for offenders violating |
3 | probation. |
4 | (a) Program.--Notwithstanding the provisions of section 9771 |
5 | (relating to modification or revocation of order of probation), |
6 | the court of common pleas of a judicial district may establish a |
7 | program to impose swift, predictable and immediate sanctions on |
8 | offenders who violate their probation. |
9 | (b) Coordination with other officials.--The court shall work |
10 | with probation administrators and officers, jail administrators, |
11 | prosecutors, public defenders and law enforcement in the |
12 | judicial district to develop and implement the program. |
13 | (c) Eligibility.-- |
14 | (1) The court shall determine which offenders are |
15 | eligible for and admitted into the program. The program shall |
16 | focus on, but not be limited to, offenders who have committed |
17 | drug-related crimes. |
18 | (2) An offender shall be ineligible for the program if |
19 | the offender was convicted of a crime of violence as defined |
20 | in section 9714 (relating to sentences for second and |
21 | subsequent offenses) or of a crime requiring registration |
22 | under section 9795.1 (relating to registration). |
23 | (d) Warning hearing.-- |
24 | (1) The court shall hold a warning hearing for each |
25 | participant in the program to clearly communicate program |
26 | expectations and consequences and to encourage the |
27 | participant's compliance and success. |
28 | (2) The court shall emphasize the expectations that the |
29 | participant remain drug-free and comply with any treatment or |
30 | services ordered by the court as a condition of the |
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1 | participant's probation. |
2 | (3) The court shall put the participant on notice that |
3 | each probation violation, including missed appointments and |
4 | positive drug tests, will result in jail time as provided for |
5 | under subsection (g). |
6 | (e) Drug testing.--The program shall require, when |
7 | applicable, randomized drug testing. |
8 | (f) Violation hearing.--If a participant commits a probation |
9 | violation, the participant shall promptly be arrested and a |
10 | hearing shall be held no later than two business days after the |
11 | arrest date. |
12 | (g) Sanctions.-- |
13 | (1) The court shall impose a term of imprisonment of up |
14 | to: |
15 | (i) three days for a first violation; |
16 | (ii) seven days for a second violation; |
17 | (iii) fourteen days for a third violation; and |
18 | (iv) twenty-one days for a fourth or subsequent |
19 | violation of probation. |
20 | (2) The court may allow the term of imprisonment to be |
21 | served on weekends or other nonwork days for employed |
22 | probationers who have committed a first or second violation. |
23 | (3) The court may increase the conditions of probation, |
24 | including additional substance abuse treatment for a |
25 | participant who has failed one or more drug tests. |
26 | (h) Exceptions.--If the participant is able to provide a |
27 | compelling reason for the probation violation, the court may |
28 | grant an exception to the sanctions authorized under subsection |
29 | (g). |
30 | (i) Revocation of probation.-- |
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1 | (1) After a third violation, the court may revoke the |
2 | order of probation. |
3 | (2) Upon revocation, the sentencing alternatives shall |
4 | be the same as were available at the time of initial |
5 | sentencing, due consideration being given to the time spent |
6 | serving the order of probation. |
7 | (j) Local rules.--The court may adopt local rules for the |
8 | administration of this program. The local rules may not be |
9 | inconsistent with this section or any rules adopted by the |
10 | Supreme Court. |
11 | Section 4. Section 9804(b) of Title 42 is amended by adding |
12 | a paragraph to read: |
13 | § 9804. County intermediate punishment programs. |
14 | * * * |
15 | (b) Eligibility.-- |
16 | * * * |
17 | (6) (i) Any person receiving a penalty imposed pursuant |
18 | to 18 Pa.C.S. § 7508 (relating to drug trafficking |
19 | sentencing and penalties) where the sentence is imposed |
20 | pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), |
21 | (4)(i) or (7)(i) may only be sentenced to county |
22 | intermediate punishment after undergoing a diagnostic |
23 | assessment of dependency on alcohol or other drugs. |
24 | (ii) If the defendant is determined to be in need of |
25 | drug and alcohol treatment, the defendant may only be |
26 | sentenced to county intermediate punishment which |
27 | includes participation in clinically prescribed drug and |
28 | alcohol treatment combined with one or more of the |
29 | following programs: |
30 | (A) a residential inpatient program or a |
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1 | residential rehabilitative center; |
2 | (B) house arrest with electronic surveillance; |
3 | or |
4 | (C) a partial confinement program, including, |
5 | but not limited to, work release, work camp and |
6 | halfway facility. |
7 | (iii) If the defendant is determined not to be in |
8 | need of drug and alcohol treatment, the defendant may |
9 | only be sentenced to county intermediate punishment in: |
10 | (A) house arrest with electronic surveillance; |
11 | (B) a partial confinement program, including, |
12 | but not limited to, work release, work camp and |
13 | halfway facility; or |
14 | (C) any combination of the programs specified in |
15 | this paragraph. |
16 | (iv) Each day of participation in a restrictive |
17 | intermediate punishment program or combination of |
18 | programs shall be considered the equivalent of and |
19 | satisfy one day of total confinement required pursuant to |
20 | 18 Pa.C.S. § 7508 where the sentence is imposed pursuant |
21 | to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or |
22 | (7)(i). |
23 | Section 5. Title 61 is amended by adding a section to read: |
24 | § 3705. Time eligibility for prerelease. |
25 | (a) General rule.--To be time-eligible for placement in a |
26 | prerelease center, an inmate must: |
27 | (1) have completed at least one-half of the inmate's |
28 | minimum sentence; |
29 | (2) be within one year of completing the inmate's |
30 | minimum sentence; |
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1 | (3) have no outstanding detainers; and |
2 | (4) satisfy the additional condition, as applicable, in |
3 | subsection (b). |
4 | (b) Additional condition.--If, at the time the inmate is |
5 | committed to the supervision of the department the inmate has: |
6 | (1) less than 12 months to serve until the inmate |
7 | completes the inmate's minimum sentence, the inmate must |
8 | serve at least three months in a State correctional |
9 | institution; |
10 | (2) at least 12 months to serve until the inmate |
11 | completes the inmate's minimum sentence but has less than 18 |
12 | months to serve until the inmate completes the inmate's |
13 | minimum sentence, the inmate must serve at least six months |
14 | in a State correction institution; or |
15 | (3) at least 18 months to serve until the inmate |
16 | completes the inmate's minimum sentence, the inmate must |
17 | serve at least nine months in a State correctional |
18 | institution. |
19 | (c) Exception.--Notwithstanding the provisions of |
20 | subsections (a) and (b), no inmate shall be eligible for |
21 | placement in a prerelease center prior to the completion of the |
22 | inmate's minimum sentence if the inmate is serving a term of |
23 | imprisonment for: |
24 | (1) a crime of violence as defined in 42 Pa.C.S. §9714 |
25 | (relating to sentences for second and subsequent offenses); |
26 | or |
27 | (2) a crime requiring registration under 42 Pa.C.S. |
28 | §9795.1 (relating to registration). |
29 | Section 6. The definitions of "defendant" and "eligible |
30 | offender" in section 4103 of Title 61 are amended to read: |
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1 | § 4103. Definitions. |
2 | The following words and phrases when used in this chapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Defendant." An individual charged with a drug-related |
7 | offense, including an individual convicted of violating section |
8 | 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, |
9 | No.64), known as The Controlled Substance, Drug, Device and |
10 | Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S. |
11 | § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to |
12 | drug trafficking sentencing and penalties). |
13 | * * * |
14 | "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) |
15 | (relating to sentencing generally), a defendant designated by |
16 | the sentencing court as a person convicted of a drug-related |
17 | offense who: |
18 | (1) Has undergone an assessment performed by the |
19 | Department of Corrections, which assessment has concluded |
20 | that the defendant is in need of drug and alcohol addiction |
21 | treatment and would benefit from commitment to a drug |
22 | offender treatment program and that placement in a drug |
23 | offender treatment program would be appropriate. |
24 | (2) Does not demonstrate a history of present or past |
25 | violent behavior. |
26 | (3) Would be placed in the custody of the department if |
27 | not sentenced to State intermediate punishment. |
28 | (4) Provides written consent permitting release of |
29 | information pertaining to the defendant's participation in a |
30 | drug offender treatment program. |
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1 | The term shall not include a defendant who is subject to a |
2 | sentence the calculation of which includes an enhancement for |
3 | the use of a deadly weapon, as defined pursuant to law or the |
4 | sentencing guidelines promulgated by the Pennsylvania Commission |
5 | on Sentencing, or a defendant who has been convicted of a |
6 | [personal injury crime as defined in section 103 of the act of |
7 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
8 | Act, or an attempt or conspiracy to commit such a crime or who |
9 | has been convicted of violating 18 Pa.C.S. § 4302 (relating to |
10 | incest), 5901] crime of violence as defined in 42 Pa.C.S. § |
11 | 9714(g) (relating to sentences for second and subsequent |
12 | offenses) or a violation of 18 Pa.C.S. § 5901 (relating to open |
13 | lewdness), 6312 (relating to sexual abuse of children), 6318 |
14 | (relating to unlawful contact with minor) or 6320 (relating to |
15 | sexual exploitation of children) or Ch. 76 Subch. C (relating to |
16 | Internet child pornography). |
17 | * * * |
18 | Section 7. Section 4104(a)(1), (d) and (e) of Title 61 are |
19 | amended to read: |
20 | § 4104. Referral to State intermediate punishment program. |
21 | (a) Referral for evaluation.-- |
22 | (1) Prior to imposing a sentence, the court may[, upon |
23 | motion of the Commonwealth and agreement of the defendant,] |
24 | commit a defendant to the custody of the department for the |
25 | purpose of evaluating whether the defendant would benefit |
26 | from a drug offender treatment program and whether placement |
27 | in the drug offender treatment program is appropriate. |
28 | * * * |
29 | (d) Prerequisites for commitment.--Upon receipt of a |
30 | recommendation for placement in a drug offender treatment |
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1 | program from the department [and agreement of the attorney for |
2 | the Commonwealth and the defendant], the court may sentence an |
3 | eligible offender to a period of 24 months of State intermediate |
4 | punishment if the court finds that: |
5 | (1) The eligible offender is likely to benefit from |
6 | State intermediate punishment. |
7 | (2) Public safety would be enhanced by the eligible |
8 | offender's participation in State intermediate punishment. |
9 | (3) Sentencing the eligible offender to State |
10 | intermediate punishment would not depreciate the seriousness |
11 | of the offense. |
12 | (e) Resentencing.--The department may make a written request |
13 | to the sentencing court that an offender who is otherwise |
14 | eligible but has not been referred for evaluation or originally |
15 | sentenced to State intermediate punishment be sentenced to State |
16 | intermediate punishment. The court may resentence the offender |
17 | to State intermediate punishment if all of the following apply: |
18 | (1) The department has recommended placement in a drug |
19 | offender treatment program. |
20 | [(2) The attorney for the Commonwealth and the offender |
21 | have agreed to the placement and modification of sentence.] |
22 | (3) The court makes the findings set forth under |
23 | subsection (d). |
24 | (4) The resentencing has occurred within 365 days of the |
25 | date of the defendant's admission to the custody of the |
26 | department. |
27 | (5) The court has otherwise complied with all other |
28 | requirements for the imposition of sentence including victim |
29 | notification under the act of November 24, 1998 (P.L.882, |
30 | No.111), known as the Crime Victims Act. |
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1 | * * * |
2 | Section 8. The definition of "eligible offender" in section |
3 | 4503 of Title 61 is amended to read: |
4 | § 4503. Definitions. |
5 | The following words and phrases when used in this chapter |
6 | shall have the meanings given to them in this section unless the |
7 | context clearly indicates otherwise: |
8 | * * * |
9 | "Eligible offender." A defendant or inmate convicted of a |
10 | criminal offense who will be committed to the custody of the |
11 | department and who meets all of the following eligibility |
12 | requirements: |
13 | (1) Does not demonstrate a history of present or past |
14 | violent behavior. |
15 | (2) Has not been subject to a sentence the calculation |
16 | of which includes an enhancement for the use of a deadly |
17 | weapon as defined under law or the sentencing guidelines |
18 | promulgated by the Pennsylvania Commission on Sentencing or |
19 | the attorney for the Commonwealth has not demonstrated that |
20 | the defendant has been found guilty of or was convicted of an |
21 | offense involving a deadly weapon or offense under 18 Pa.C.S. |
22 | Ch. 61 (relating to firearms and other dangerous articles) or |
23 | the equivalent offense under the laws of the United States or |
24 | one of its territories or possessions, another state, the |
25 | District of Columbia, the Commonwealth of Puerto Rico or a |
26 | foreign nation. |
27 | (3) Has not been found guilty of or previously convicted |
28 | of or adjudicated delinquent for or an attempt or conspiracy |
29 | to commit a [personal injury crime as defined under section |
30 | 103 of the act of November 24, 1998 (P.L.882, No.111), known |
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1 | as the Crime Victims Act] crime of violence as defined in 42 |
2 | Pa.C.S. § 9714(g) (relating to sentences for second and |
3 | subsequent offenses), or an equivalent offense under the laws |
4 | of the United States or one of its territories or |
5 | possessions, another state, the District of Columbia, the |
6 | Commonwealth of Puerto Rico or a foreign nation. |
7 | (4) Has not been found guilty or previously convicted or |
8 | adjudicated delinquent for violating any of the following |
9 | provisions or an equivalent offense under the laws of the |
10 | United States or one of its territories or possessions, |
11 | another state, the District of Columbia, the Commonwealth of |
12 | Puerto Rico or a foreign nation: |
13 | [18 Pa.C.S. § 4302 (relating to incest).] |
14 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
15 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
16 | children). |
17 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
18 | minor). |
19 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
20 | children). |
21 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
22 | child pornography). |
23 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
24 | 9712.1 (relating to sentences for certain drug offenses |
25 | committed with firearms). |
26 | Any offense listed under 42 Pa.C.S. § 9795.1 |
27 | (relating to registration). |
28 | (5) Is not awaiting trial or sentencing for additional |
29 | criminal charges, if a conviction or sentence on the |
30 | additional charges would cause the defendant to become |
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1 | ineligible under this definition. |
2 | (6) Has not been found guilty or previously convicted of |
3 | violating section 13(a)(14), (30) or (37) of the act of April |
4 | 14, 1972 (P.L.233, No.64), known as The Controlled Substance, |
5 | Drug, Device and Cosmetic Act, where the sentence was imposed |
6 | pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), |
7 | (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking |
8 | sentencing and penalties). |
9 | * * * |
10 | Section 9. Title 61 is amended by adding a chapter to read: |
11 | CHAPTER 49 |
12 | SAFE COMMUNITY REENTRY |
13 | Sec. |
14 | 4901. Scope of chapter. |
15 | 4902. Definitions. |
16 | 4903. Safe Community Reentry Program. |
17 | 4904. Contract for services. |
18 | 4905. Rules and regulations. |
19 | 4906. Study and report. |
20 | § 4901. Scope of chapter. |
21 | This chapter relates to the Safe Community Reentry Program. |
22 | § 4902. Definitions. |
23 | The following words and phrases when used in this chapter |
24 | shall have the meanings given to them in this section unless the |
25 | context clearly indicates otherwise: |
26 | "Community-based programs." Programs which are administered |
27 | and operated outside of a correctional institution. |
28 | "Community organization." A community, faith-based or other |
29 | private charitable organization which is organized as a |
30 | nonprofit corporation or nonprofit unincorporated association |
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1 | under the laws of the United States or this Commonwealth which |
2 | is authorized to do business in this Commonwealth as a nonprofit |
3 | corporation or unincorporated association under the laws of this |
4 | Commonwealth. |
5 | "Institutional-based programs." Programs which are |
6 | administered and operated within a correctional institution. |
7 | "Offender." An inmate in a correctional institution or a |
8 | person released from incarceration. |
9 | "Program." The Safe Community Reentry Program established in |
10 | this chapter. |
11 | § 4903. Safe Community Reentry Program. |
12 | (a) Program established.--The department, in cooperation and |
13 | coordination with the board, shall establish a comprehensive |
14 | program to reduce recidivism and ensure the successful reentry |
15 | of offenders into the community. The program shall provide |
16 | offenders with access to a full continuum of services during |
17 | incarceration and upon release during their transition and |
18 | reintegration into the community. |
19 | (b) Assessment and plan.-- |
20 | (1) The department shall assess each offender entering |
21 | into the State correctional system to determine which |
22 | treatment services, programs and skills the offender needs to |
23 | develop to be successful in the community following the |
24 | offender's release. |
25 | (2) The department shall assist each offender in |
26 | developing a reentry plan for the offender. The reentry plan |
27 | shall include the offender's educational, employment, housing |
28 | and treatment needs as appropriate and necessary to encourage |
29 | the successful transition and reintegration of the offender |
30 | into the community. |
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1 | (3) The department shall coordinate the specifics of the |
2 | offender's reentry plan with the educational, vocational |
3 | training and treatment services that will be provided to the |
4 | offender during the offender's incarceration. |
5 | (c) Transition and reintegration programs.--The department |
6 | shall identify a comprehensive network of transition and |
7 | reintegration programs to address the needs of offenders |
8 | released from incarceration. |
9 | (d) Community organizations.-- |
10 | (1) The department and the board shall use community |
11 | organizations to assist the department and the board in |
12 | meeting the needs of offenders reentering the community. |
13 | (2) The department and the board shall develop and |
14 | maintain a list of community organizations available to |
15 | provide services. |
16 | (3) Community organizations may provide services |
17 | including education, vocational training, follow-up treatment |
18 | services, support with finding housing and employment and may |
19 | help with family issues and other elements of life after |
20 | incarceration. |
21 | (4) The department and the board may refer offenders to |
22 | community organizations on the list. |
23 | (e) Sharing of information.-- |
24 | (1) The department and the board may share information |
25 | about offenders with the entities the department and the |
26 | board contract with under section 4704 (relating to contract |
27 | for services) and other agencies and providers of services as |
28 | necessary to adequately assess and address the needs of each |
29 | offender. |
30 | (2) This subsection shall not apply to the disclosure of |
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1 | an offender's personal health information unless the offender |
2 | consents to the disclosure. |
3 | (3) This subsection shall not be construed to permit |
4 | disclosure of personal health information if the disclosure |
5 | violates the Health Insurance Portability and Accountability |
6 | Act of 1996 (Public Law 104-191, 110 Stat. 1936) or other |
7 | Federal or State law. |
8 | § 4904. Contract for services. |
9 | (a) Duty of department and board.--As part of the program, |
10 | the department and the board may contract with private vendors, |
11 | including community organizations, units of local government and |
12 | other entities to provide for reintegration and transitional |
13 | programs and services, which may include institutional-based and |
14 | community-based programs. The programs and services provided |
15 | under these contracts may include: |
16 | (1) Assisting in the development of each offender's |
17 | reentry plan. |
18 | (2) Coordinating the supervision and services provided |
19 | to offenders in correctional institutions with any |
20 | supervision and services provided to offenders who have been |
21 | released from incarceration. |
22 | (3) Providing offenders awaiting release with documents |
23 | that are necessary after release, including identification |
24 | papers, referrals to services, medical prescriptions, job |
25 | training certificates, apprenticeship papers, information on |
26 | obtaining public assistance and other documents useful in |
27 | achieving a successful transition from a correctional |
28 | institution to the community. |
29 | (4) Involving county agencies whose programs and |
30 | initiatives strengthen inmate reentry services for offenders |
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1 | who have been returned to the county of their jurisdiction. |
2 | (5) Providing structured programs, post-release housing |
3 | and transitional housing, including group homes for |
4 | recovering substance abusers, through which offenders are |
5 | provided supervision and services immediately following |
6 | reentry into the community. |
7 | (6) Assisting offenders in securing permanent housing |
8 | upon release or following a stay in post-release or |
9 | transitional housing. |
10 | (7) Continuing to link offenders with health resources |
11 | for health services that were provided to them when they were |
12 | under the jurisdiction of the department, including mental |
13 | health, substance abuse treatment, aftercare and treatment |
14 | services for contagious diseases. |
15 | (8) Providing education, job training, English as a |
16 | second language programs, work experience programs, self- |
17 | respect and life skills training and other skills needed to |
18 | achieve self-sufficiency for a successful transition from |
19 | incarceration. |
20 | (9) Facilitating collaboration among corrections |
21 | administrators, technical schools, community colleges and the |
22 | work force development and employment service sectors so that |
23 | there are efforts to: |
24 | (i) Promote, where appropriate, the employment of |
25 | offenders released from correctional institutions and |
26 | facilitate the creation of job opportunities, including |
27 | transitional jobs, for such offenders that will also |
28 | benefit communities. |
29 | (ii) Connect offenders to employment, including |
30 | supportive employment and employment services, before |
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1 | their release from correctional institutions. |
2 | (iii) Address barriers to employment, including |
3 | obtaining a driver's license. |
4 | (10) Assessing the literacy and educational needs of |
5 | offenders and providing appropriate services to meet those |
6 | needs, including follow-up assessments and long-term |
7 | services. |
8 | (11) Addressing systems under which family members of |
9 | offenders are involved with facilitating the successful |
10 | reentry of those offenders into the community, including |
11 | removing obstacles to the maintenance of family relationships |
12 | while the offender is in custody, strengthening the family's |
13 | capacity to establish and maintain a stable living situation |
14 | during the reentry process where appropriate and involving |
15 | family members in the planning and implementation of the |
16 | reentry process. |
17 | (12) Facilitating visitation and maintenance of family |
18 | relationships with respect to offenders by addressing |
19 | obstacles such as travel, telephone costs, mail restrictions |
20 | and restrictive visitation policies. |
21 | (13) Addressing barriers to the visitation of children |
22 | with an incarcerated parent and maintenance of the parent- |
23 | child relationship, including, but not limited to, the |
24 | location of facilities in remote areas, telephone costs, mail |
25 | restrictions and visitation policies. |
26 | (14) Creating mentoring programs designed to assist |
27 | offenders in changing the offenders' pattern of behavior so |
28 | that the offenders will not revictimize their victims or have |
29 | new victims. Mentoring may occur inside the correctional |
30 | institution and in the community once the offender is |
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1 | released. The mentor shall: |
2 | (i) Act as a role model for the offender. |
3 | (ii) Foster a caring and supportive relationship by |
4 | creating an independence from and not a dependence upon |
5 | the mentor or the system as a whole. |
6 | (iii) Encourage positive self-concept. |
7 | (iv) Teach and aid in goal setting. |
8 | (v) Support other positive relationships within the |
9 | community. |
10 | (vi) Assist in linking the offender to community- |
11 | based services. |
12 | (vii) Promote appropriate, positive family |
13 | relationships. |
14 | (viii) Help develop personal accountability and |
15 | personal responsibility. |
16 | (15) Facilitating and encouraging timely and complete |
17 | payment of restitution and fines by offenders to victims and |
18 | the community. |
19 | (b) Accountability.--To ensure accountability, any contract |
20 | entered under this section shall contain specific performance |
21 | measures that the department and the board shall use to evaluate |
22 | compliance with the terms of the contract. |
23 | § 4905. Rules and regulations. |
24 | The department and board may promulgate rules and regulations |
25 | as deemed necessary to implement this chapter. |
26 | § 4906. Study and report. |
27 | (a) Study.--The department shall conduct and coordinate |
28 | research to determine whether the program established under |
29 | section 4903 (relating to Safe Community Reentry Program) |
30 | reduces recidivism rates. |
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1 | (b) Report.--Not later than February 1 of each even-numbered |
2 | year, the department shall present a report of the research |
3 | conducted or coordinated under subsection (a) to the Judiciary |
4 | Committee of the Senate and the Judiciary Committee of the House |
5 | of Representatives. The report shall evaluate the program and, |
6 | if appropriate, make recommendations for legislation. |
7 | Section 10. The sums set forth in this section, or as much |
8 | thereof as may be necessary, are hereby specifically |
9 | appropriated from the General Fund to the several hereinafter |
10 | named agencies of the Executive Department, Legislative |
11 | Department and Judicial Department of the Commonwealth for the |
12 | fiscal year beginning July 1, 2011, and ending June 30, 2012: |
13 14 15 | (1) The following amounts are appropriated to the Pennsylvania Commission on Crime and Delinquency: | | 16 17 18 | For payments for grants-in-aid to counties for providing intermediate punishment programs. | | 19 | State appropriation............. | 7,000,000 | 20 21 22 | For intermediate punishment grants for drug and alcohol treatment. | | 23 | State appropriation............. | 43,000,000 | 24 25 26 | (2) The following amount is appropriated to the Pennsylvania Board of Probation and Parole: | | 27 | For parole and reentry services. | | 28 | State appropriation............. | 15,000,000 | 29 30 | (3) The following amount is appropriated to the Pennsylvania | | | 1 | Commission on Sentencing: | |
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2 3 | For the Pennsylvania Commission on Sentencing. | | 4 | State appropriation............. | 2,300,000 | 5 6 7 | (4) The following amount is appropriated to the Administrative Office of Pennsylvania Courts: | |
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8 9 10 | For reimbursement grants for problem-solving courts in counties for start-up costs. | | 11 | State appropriation............. | 2,000,000 |
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12 | Section 11. This act shall take effect as follows: |
13 | (1) Section 10 of this act shall take effect July 1, |
14 | 2011, or immediately, whichever is later. |
15 | (2) This section shall take effect immediately. |
16 | (3) The remainder of this act shall take effect in 60 |
17 | days. |
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