AN ACT

 

1Amending Titles 42 (Judiciary and Judicial Procedure) and 61
2(Prisons and Parole) of the Pennsylvania Consolidated
3Statutes, in other criminal provisions, further providing for
4supervisory relationship to offenders; and, in Pennsylvania
5Board of Probation and Parole, further providing for
6supervisory relationship to offenders.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 9912 of Title 42 of the Pennsylvania
10Consolidated Statutes is amended by adding a subsection to read:

11§ 9912. Supervisory relationship to offenders.

12* * *

13(e.1) Status of seized items.--

14(1) To protect the public from its illicit introduction,
15use or movement, all contraband that is seized from an
16offender shall be considered abandoned and unclaimed, and no
17property right may exist in it, except as otherwise provided
18in this section, if the following criteria have been met:

19(i) The parolee or probationer from whom the item

1was seized is no longer under the jurisdiction of the
2court.

3(ii) Two years have elapsed from the date the
4parolee or probationer was no longer under the
5jurisdiction of the court under subparagraph (i).

6(iii) Notice that the item will be declared
7abandoned was mailed to the last known address of the
8parolee or probationer from whom the item was seized at
9least 60 days prior to the date the item is to be
10declared abandoned.

11(iv) No other claimant of the item has notified the
12county adult probation and parole department of his claim
13or is known to the county adult probation and parole
14department.

15(v) The item has not been accepted by the Department
16of Treasury under Article XIII.1 of the act of April 9,
171929 (P.L.343, No.176), known as The Fiscal Code.

18(vi) The item has not been forfeited in accordance
19with any forfeiture statute, including, but not limited
20to, Chapter 68 (relating to forfeitures) and as permitted
21by Pennsylvania common law.

22(2) Contraband seized under this section may not be
23subject to replevin, but shall be deemed to be in the custody
24of the county adult probation and parole department. The
25county adult probation and parole department shall tag and
26secure the contraband at a place designated by it for such
27time as is necessary to secure its use as evidence in a
28violation, revocation or criminal proceeding. In no event may
29the county adult probation and parole department retain the
30property for a period of less than 180 days after the hearing

1conducted under paragraph (3).

2(3) (i) No later than the time of the first-level
3hearing to determine whether probable cause exists to
4believe that a violation of probation, parole or
5intermediate punishment has been committed, the county
6adult probation and parole department shall provide
7notice to the offender that abandonment will be sought if
8the offender does not claim the seized contraband within
9two years after sentence completion.

10(ii) If the hearing is waived or there is a new
11criminal charge arising from the incident that included
12the seizure of the contraband, then notice under this
13paragraph shall be given at least five days before an
14abandonment hearing is held and the hearing shall be
15scheduled by the court within a reasonable time.

16(4) If it has been determined that property is
17contraband that shall be declared abandoned, the contraband
18shall be retained by the county adult probation and parole
19department until all appeal periods are exhausted to provide
20an opportunity for any additional parties to assert a claim
21of ownership or lienhold interest in the contraband. If the
22county adult probation and parole department receives notice
23of such a claim, the claimant or claimants shall be provided
24a hearing pursuant to paragraph (3).

25(5) Whenever contraband is declared abandoned under this
26subchapter, title to the contraband shall be transferred to
27the county adult probation and parole department. After the
28expiration of the necessary time period, the county adult
29probation and parole department shall be entitled to any or
30all of the following:

1(i) Retain the contraband for official use.

2(ii) Destroy the contraband.

3(iii) Donate the contraband to a nonprofit
4organization or governmental entity.

5(iv) Sell any contraband that is not required to be
6destroyed by law.

7(v) If the item is of de minimus value, as
8determined by the county adult probation and parole
9department, dispose of the item, without sale.

10(6) The county treasurer of each county shall establish
11and administer a community correction forfeiture fund
12consisting of all cash or proceeds obtained under this
13section. The county treasurer shall disburse money from this
14fund only at the discretion of the president judge of the
15court of common pleas, subject to paragraph (7).

16(7) Cash or proceeds generated by the sale of any
17abandoned contraband shall first be made available to satisfy
18any restitution owed by the offender to crime victims who are
19known at the time of the seizure by the Pennsylvania
20Commission on Crime and Delinquency's Office of Victim
21Services or by the courts of the Commonwealth where the
22offender was sentenced.

23(8) The county adult probation and parole department and
24its employees shall be immune from liability for good faith
25conduct under this section.

26(9) The Pennsylvania Board of Probation and Parole may
27enact regulations that are necessary to implement this
28subsection on a uniform basis throughout this Commonwealth.
29If regulations are promulgated, a county adult probation and
30parole department must comply with the regulations.

1(10) The provisions set forth in this subsection shall
2apply to all contraband seized after the effective date of
3this subsection.

4(11) Contraband seized prior to the effective date of
5this subsection may be disposed of in the manner set forth in
6paragraph (5) after notice is given to the offender from whom
7it was seized and any claimant known to the county adult
8probation and parole department. The county adult probation
9and parole department shall provide the notice within a
10reasonable time prior to holding a hearing at which
11abandonment shall be determined.

12(12) (i) An appeal of an abandonment determination may
13be made by filing an appeal with the court of common
14pleas. The appeal must be received by the court of common
15pleas within 30 days of the mailing date of the county
16adult probation and parole department's order.

17(ii) When a timely appeal of an abandonment
18determination has been filed, the abandonment may not be
19deemed final for purpose of appeal to a court until the
20court has mailed its decision on the appeal.

21(iii) The scope of review of an appeal shall be
22limited to whether the decision is supported by
23substantial evidence, an error of law has been committed
24or there has been a violation of constitutional law.

25(iv) The failure of an appeal to present with
26accuracy, brevity, clearness and specificity whatever is
27essential to a ready and adequate understanding of the
28factual and legal points requiring consideration shall be
29a sufficient reason for denying the appeal.

30(v) A second or subsequent appeal and an appeal that

1is untimely filed under this paragraph shall not be
2received.

3(vi) The procedure for appeal contained in this
4subsection may not be construed to alter or replace any
5procedures provided by law for the timely filing of
6appeals to appellate courts.

7(13) The county adult probation and parole department
8shall annually post a report specifying the abandoned
9property or proceeds of the abandoned property obtained under
10this section on the county's publicly accessible Internet
11website and make the report available as a public document.
12The report shall give an accounting of all proceeds derived
13from the sale of abandoned property and the use made of
14unsold abandoned property.

15* * *

16Section 2. Section 6153 of Title 61 is amended by adding a
17subsection to read:

18§ 6153. Supervisory relationship to offenders.

19* * *

20(g) Status of seized items.--

21(1) To protect the public from its illicit introduction,
22use or movement, all contraband that is seized from an
23offender shall be considered abandoned and unclaimed, and no
24property right shall exist in it, except as otherwise
25provided in this section, if the following criteria have been
26met:

27(i) The parolee or probationer from whom the item
28was seized is no longer under the jurisdiction of the
29court or the board.

30(ii) Two years have elapsed from the date the

1parolee or probationer was no longer under the
2jurisdiction of the court or the board under subparagraph
3(i).

4(iii) Notice that the item will be declared
5abandoned was mailed to the last known address of the
6parolee or probationer from whom the item was seized at
7least 60 days prior to the date the item is to be
8declared abandoned and unclaimed.

9(iv) No other claimant of the item has notified the
10board of his claim or is known to the board.

11(v) The item has not been accepted by the Department
12of Treasury under Article XIII.1 of the act of April 9,
131929 (P.L.343, No.176), known as The Fiscal Code.

14(vi) The item has not been forfeited in accordance
15with any forfeiture statute, including, but not limited
16to, 42 Pa.C.S. Ch. 68 (relating to forfeitures) and as
17permitted by Pennsylvania common law.

18(2) Contraband seized under this section may not be
19subject to replevin, but shall be deemed to be in the custody
20of the board. The board shall tag and secure the contraband
21at a place designated by it for such time as is necessary to
22secure its use as evidence in a violation, revocation or
23criminal proceeding. In no event may the board retain the
24property for a period of less than 180 days after the hearing
25conducted under paragraph (3).

26(3) (i) No later than the time of the first-level
27hearing to determine whether probable cause exists to
28believe that a violation of probation or parole has been
29committed, the board shall provide notice to the offender
30that abandonment will be sought if the offender does not

1claim the seized contraband within two years after
2sentence completion.

3(ii) If the hearing is waived or there is a new
4criminal charge arising from the incident that included
5the seizure of the contraband, then notice under this
6paragraph shall be given at least five days before an
7abandonment hearing is held and the hearing shall be
8scheduled by the board within a reasonable time.

9(4) If it has been determined that property is
10contraband that shall be declared abandoned, the contraband
11shall be retained by the board until all appeal periods are
12exhausted to provide an opportunity for any additional
13parties to assert a claim of ownership or lienhold interest
14in the contraband. If the board receives notice of such a
15claim, the claimant or claimants shall be provided a hearing
16pursuant to paragraph (3).

17(5) Whenever contraband is declared abandoned under this
18subchapter, title to the contraband shall be transferred to
19the board. After the expiration of the necessary time period,
20the board shall be entitled to do any or all of the
21following:

22(i) Retain the contraband for official use.

23(ii) Destroy the contraband.

24(iii) Donate the contraband to a nonprofit
25organization or governmental entity.

26(iv) Sell any contraband which is not required to be
27destroyed by law.

28(v) If the item is of de minimus value, as
29determined by the board, dispose of, without sale.

30(6) The board shall establish and administer a

1contraband forfeiture account consisting of all cash or
2proceeds obtained under this section, subject to paragraph
3(7).

4(7) Cash or proceeds generated by the sale of any
5abandoned contraband and placed in the account established in
6paragraph (6) shall first be made available to satisfy any
7restitution owed by the offender to crime victims who are
8known at the time of the seizure by the Pennsylvania
9Commission on Crime and Delinquency's Office of Victim
10Services or by the courts of the Commonwealth where the
11offender was sentenced. Any funds not used to satisfy crime
12victim restitution obligations shall be made available to the
13board pursuant to this section as a budget augmentation of
14the operating funds of the board.

15(8) The board and its employees shall be immune from
16liability for good faith conduct under this section.

17(9) The board may enact regulations that are necessary
18to implement this subsection for its agents and for use by
19county adult probation and parole departments on a uniform
20basis throughout this Commonwealth.

21(10) The provisions set forth in this subsection shall
22apply to all contraband seized after the effective date of
23this subsection.

24(11) Contraband seized prior to the effective date of
25this subsection may be disposed of in the manner set forth in
26paragraph (5) after notice is given to the offender from whom
27it was seized and any claimant known to the board. The board
28shall provide the notice within a reasonable time prior to
29holding a hearing at which abandonment shall be determined.

30(12) (i) An appeal of an abandonment determination may

1be made by filing an appeal with the board's central
2office. The appeal must be received by the board's
3central office within 30 days of the mailing date of the
4board's order.

5(ii) When a timely appeal of an abandonment
6determination has been filed, the abandonment may not be
7deemed final for purpose of appeal to a court until the
8board has mailed its decision on the appeal. This
9subparagraph supersedes 1 Pa. Code § 35.226 (relating to
10final orders).

11(iii) The scope of review of an appeal shall be
12limited to whether the decision is supported by
13substantial evidence, an error of law has been committed
14or there has been a violation of constitutional law.

15(iv) The failure of an appeal to present with
16accuracy, brevity, clearness and specificity whatever is
17essential to a ready and adequate understanding of the
18factual and legal points requiring consideration shall be
19a sufficient reason for denying the appeal.

20(v) A second or subsequent appeal and appeal that is
21not timely filed under this paragraph shall not be
22received.

23(vi) The procedure for reconsideration contained in
24this subsection does not alter or replace any procedures
25provided by law for the timely filing of appeals to
26appellate courts.

27(13) The board shall annually post a report specifying
28the abandoned property or proceeds of the abandoned property
29obtained under this section on the board's publicly
30accessible Internet website and make the report available as

1a public document. The report shall give an accounting of
2all proceeds derived from the sale of abandoned property and
3the use made of unsold abandoned property.

4Section 3. This act shall take effect in 60 days.