PRINTER'S NO.  85

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

100

Session of

2011

  

  

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON AND M. WHITE, JANUARY 12, 2011

  

  

REFERRED TO JUDICIARY, JANUARY 12, 2011  

  

  

  

AN ACT

  

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:

 


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.

- 19 -

 


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

- 20 -

 


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

- 21 -

 


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

- 22 -

 


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

- 23 -

 


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.

- 24 -

 


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

  

- 25 -

 


1

Commission on Sentencing:

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:

  

8

9

10

For reimbursement grants for

problem-solving courts in counties

for start-up costs.

  

11

State appropriation.............

2,000,000

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.

- 26 -