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 <-Notwithstanding the provisions of Article
16XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known
17as The Fiscal Code, to the contrary, all contraband that is
18seized from an offender shall be considered abandoned and
19unclaimed, and no property right may exist in it, except as

1otherwise provided in this section, if the following criteria
2have been met:

3(i) The parolee or probationer from whom the item
4was seized is no longer under the jurisdiction of the
5court.

6(ii) Two years have elapsed from the date the
7parolee or probationer was no longer under the
8jurisdiction of the court under subparagraph (i).

9(iii) Notice that the item will be declared
10abandoned was mailed to the last known address of the
11parolee or probationer from whom the item was seized at
12least 60 days prior to the date the item is to be
13declared abandoned.

14(iv) No other claimant of the item has notified the
15county adult probation and parole department of his claim
16or is known to the county adult probation and parole
17department.

<-18(v) The item has not been accepted by the Department
19of Treasury under Article XIII.1 of the act of April 9,
201929 (P.L.343, No.176), known as The Fiscal Code.

21(vi) <-(v) The item has not been forfeited in
22accordance with any forfeiture statute, including, but
23not limited to, Chapter 68 (relating to forfeitures) and
24as permitted by Pennsylvania common law.

25(2) Contraband seized under this section may not be
26subject to replevin, but shall be deemed to be in the custody
27of the county adult probation and parole department. The
28county adult probation and parole department shall tag and
29secure the contraband at a place designated by it for such
30time as is necessary to secure its use as evidence in a

1violation, revocation or criminal proceeding. In no event may
2the county adult probation and parole department retain the
3property for a period of less than 180 days after the hearing
4conducted under paragraph (3).

5(3) (i) No later than the time of the first-level
6hearing to determine whether probable cause exists to
7believe that a violation of probation, parole or
8intermediate punishment has been committed, the county
9adult probation and parole department shall provide
10notice to the offender that abandonment will be sought if
11the offender does not claim the seized contraband within
12two years after sentence completion.

13(ii) If the hearing is waived or there is a new
14criminal charge arising from the incident that included
15the seizure of the contraband, then notice under this
16paragraph shall be given at least five days before an
17abandonment hearing is held and the hearing shall be
18scheduled by the court within a reasonable time.

19(4) If it has been determined that property is
20contraband that shall be declared abandoned, the contraband
21shall be retained by the county adult probation and parole
22department until all appeal periods are exhausted to provide
23an opportunity for any additional parties to assert a claim
24of ownership or lienhold interest in the contraband. If the
25county adult probation and parole department receives notice
26of such a claim, the claimant or claimants shall be provided
27a hearing pursuant to paragraph (3).

<-28(5) Whenever contraband is declared abandoned under this
29subchapter, title to the contraband shall be transferred to
30the county adult probation and parole department. After the

1expiration of the necessary time period, the county adult
2probation and parole department shall be entitled to any or
3all of the following:

<-4(5) (i) Whenever contraband is declared abandoned under
5this subchapter, the contraband shall be transferred to
6the custodial care of the county adult probation and
7parole department. After the expiration of the necessary
8time period specified in this section, the county adult
9probation and parole department shall itemize all such
10abandoned contraband within its custodial care in a
11report to the Treasury Department.

12(ii) Within ten business days following receipt of
13an itemized contraband report from a county adult
14probation and parole department, the Treasury Department
15shall provide an itemized list of all such abandoned
16contraband that it will not accept into its custodial
17care.

18(iii) All abandoned contraband not accepted by the
19Treasury Department pursuant to this section shall remain
20under the custodial control of the county adult probation
21and parole department. Abandoned contraband not otherwise
22refused by the Treasury Department shall be transferred
23to the custodial control of the Treasury Department as
24directed by the Treasury Department.

25(6) All abandoned contraband refused by the Treasury
26Department and remaining under the custodial control of the
27county adult probation and parole department shall be deemed
28property of the county department and title to the property
29shall transfer. Thereafter, the county probation and parole
30department shall be entitled to any or all 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) (7) The county treasurer of each county shall
11establish and administer a community correction forfeiture
12fund consisting 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) (8).

<-16(7) (8) 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) (9) The county adult probation and parole department
24and its employees shall be immune from liability for good
25faith conduct under this section.

<-26(9) (10) The Pennsylvania Board of Probation and Parole
27may enact 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) (11) The provisions set forth in this subsection
2shall apply to all contraband seized after the effective date
3of this subsection.

<-4(11) (12) Contraband seized prior to the effective date
5of this subsection may be disposed of in the manner set forth
6in paragraph (5) after notice is given to the offender from
7whom it 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) (13) (i) An appeal of an abandonment determination
13may be 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) (14) The county adult probation and parole
8department shall annually post a report specifying the
9abandoned property or proceeds of the abandoned property
10obtained under this section on the county's publicly
11accessible Internet website and make the report available as
12a public document. The report shall give an accounting of all
13proceeds derived from the sale of abandoned property and the
14use made of unsold 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 <-Notwithstanding the provisions of Article
23XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known
24as The Fiscal Code, to the contrary, all contraband that is
25seized from an offender shall be considered abandoned and
26unclaimed, and no property right shall exist in it, except as
27otherwise provided in this section, if the following criteria
28have been met:

29(i) The parolee or probationer from whom the item
30was seized is no longer under the jurisdiction of the

1court or the board.

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

11(iv) No other claimant of the item has notified the
12board of his claim or is known to the board.

<-13(v) The item has not been accepted by the Department
14of Treasury under Article XIII.1 of the act of April 9,
151929 (P.L.343, No.176), known as The Fiscal Code.

16(vi) <-(v) The item has not been forfeited in
17accordance with any forfeiture statute, including, but
18not limited to, 42 Pa.C.S. Ch. 68 (relating to
19forfeitures) and as permitted by Pennsylvania common law.

20(2) Contraband seized under this section may not be
21subject to replevin, but shall be deemed to be in the custody
22of the board. The board shall tag and secure the contraband
23at a place designated by it for such time as is necessary to
24secure its use as evidence in a violation, revocation or
25criminal proceeding. In no event may the board retain the
26property for a period of less than 180 days after the hearing
27conducted under paragraph (3).

28(3) (i) No later than the time of the first-level
29hearing to determine whether probable cause exists to
30believe that a violation of probation or parole has been

1committed, the board shall provide notice to the offender
2that abandonment will be sought if the offender does not
3claim the seized contraband within two years after
4sentence completion.

5(ii) If the hearing is waived or there is a new
6criminal charge arising from the incident that included
7the seizure of the contraband, then notice under this
8paragraph shall be given at least five days before an
9abandonment hearing is held and the hearing shall be
10scheduled by the board within a reasonable time.

11(4) If it has been determined that property is
12contraband that shall be declared abandoned, the contraband
13shall be retained by the board until all appeal periods are
14exhausted to provide an opportunity for any additional
15parties to assert a claim of ownership or lienhold interest
16in the contraband. If the board receives notice of such a
17claim, the claimant or claimants shall be provided a hearing
18pursuant to paragraph (3).

<-19(5) Whenever contraband is declared abandoned under this
20subchapter, title to the contraband shall be transferred to
21the board. After the expiration of the necessary time period,
22the board shall be entitled to do any or all of the
23following:

<-24(5) (i) Whenever contraband is declared abandoned under
25this subchapter, the contraband shall be transferred to
26the custodial care of the board. After the expiration of
27the necessary time period specified in this section, the
28board shall itemize all such abandoned contraband within
29its custodial care in a report to the Treasury
30Department.

1(ii) Within ten business days following receipt of
2an itemized contraband report from the board, the
3Treasury Department shall provide an itemized list of all
4such abandoned contraband that it will not accept into
5its custodial care.

6(iii) All abandoned contraband not accepted by the
7Treasury Department pursuant to this section shall remain
8under the custodial control of the board. Abandoned
9contraband not otherwise refused by the Treasury
10Department shall be transferred to the custodial control
11of the Treasury Department as directed by the Treasury
12Department.

13(6) All abandoned contraband refused by the Treasury
14Department and remaining under the custodial control of the
15board shall be deemed property of the board and title to the
16property shall transfer. Thereafter, the board shall be
17entitled to any or all of the following:

18(i) Retain the contraband for official use.

19(ii) Destroy the contraband.

20(iii) Donate the contraband to a nonprofit
21organization or governmental entity.

22(iv) Sell any contraband which is not required to be
23destroyed by law.

24(v) If the item is of de minimus value, as
25determined by the board, dispose of, without sale.

<-26(6) (7) The board shall establish and administer a
27contraband forfeiture account consisting of all cash or
28proceeds obtained under this section, subject to paragraph
<-29(7) (8).

<-30(7) (8) Cash or proceeds generated by the sale of any

1abandoned contraband and placed in the account established in
2paragraph <-(6) (7) shall first be made available to satisfy
3any restitution owed by the offender to crime victims who are
4known at the time of the seizure by the Pennsylvania
5Commission on Crime and Delinquency's Office of Victim
6Services or by the courts of the Commonwealth where the
7offender was sentenced. Any funds not used to satisfy crime
8victim restitution obligations shall be made available to the
9board pursuant to this section as a budget augmentation of
10the operating funds of the board.

<-11(8) (9) The board and its employees shall be immune from
12liability for good faith conduct under this section.

<-13(9) (10) The board may enact regulations that are
14necessary to implement this subsection for its agents and for
15use by county adult probation and parole departments on a
16uniform basis throughout this Commonwealth.

<-17(10) (11) The provisions set forth in this subsection
18shall apply to all contraband seized after the effective date
19of this subsection.

<-20(11) (12) Contraband seized prior to the effective date
21of this subsection may be disposed of in the manner set forth
22in paragraph (5) after notice is given to the offender from
23whom it was seized and any claimant known to the board. The
24board shall provide the notice within a reasonable time prior
25to holding a hearing at which abandonment shall be
26determined.

<-27(12) (13) (i) An appeal of an abandonment determination
28may be made by filing an appeal with the board's central
29office. The appeal must be received by the board's
30central office within 30 days of the mailing date of the

1board's order.

2(ii) When a timely appeal of an abandonment
3determination has been filed, the abandonment may not be
4deemed final for purpose of appeal to a court until the
5board has mailed its decision on the appeal. This
6subparagraph supersedes 1 Pa. Code § 35.226 (relating to
7final orders).

8(iii) The scope of review of an appeal shall be
9limited to whether the decision is supported by
10substantial evidence, an error of law has been committed
11or there has been a violation of constitutional law.

12(iv) The failure of an appeal to present with
13accuracy, brevity, clearness and specificity whatever is
14essential to a ready and adequate understanding of the
15factual and legal points requiring consideration shall be
16a sufficient reason for denying the appeal.

17(v) A second or subsequent appeal and appeal that is
18not timely filed under this paragraph shall not be
19received.

20(vi) The procedure for reconsideration contained in
21this subsection does not alter or replace any procedures
22provided by law for the timely filing of appeals to
23appellate courts.

<-24(13) (14) The board shall annually post a report
25specifying the abandoned property or proceeds of the
26abandoned property obtained under this section on the board's
27publicly accessible Internet website and make the report
28available as a public document. The report shall give an
29accounting of all proceeds derived from the sale of abandoned
30property and the use made of unsold abandoned property.

1Section 3. This act shall take effect in 60 days.