Regular Session 2017-2018 House Bill 0285 P.N. 4272

SENATE AMENDED

PRIOR PRINTER'S NOS. 271, 2197, 2221

PRINTER'S NO. 4272

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

285

Session of

2017

INTRODUCED BY STEPHENS, STAATS, MURT, BENNINGHOFF, READSHAW,

COX, IRVIN, KNOWLES, BLOOM, B. MILLER, TAYLOR, BAKER,

MILLARD, A. HARRIS, GABLER, NEILSON, LAWRENCE, DEASY,

D. COSTA, RADER, GILLEN, DUSH, KORTZ, JOZWIAK, MICCARELLI AND

NELSON, FEBRUARY 1, 2017

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 16, 2018

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in sentencing, further

providing for collection of restitution, reparation, fees,

costs, fines and penalties.

AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 61

(PRISONS AND PAROLE) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN JUDICIAL BOARDS AND COMMISSIONS, FURTHER

PROVIDING FOR POWERS AND DUTIES, FOR ADOPTION OF GUIDELINES

FOR SENTENCING, FOR ADOPTION OF GUIDELINES FOR COUNTY

INTERMEDIATE PUNISHMENT, FOR ADOPTION OF GUIDELINES FOR

STATE INTERMEDIATE PUNISHMENT AND FOR ADOPTION OF RISK

ASSESSMENT INSTRUMENT; IN SENTENCING, FURTHER PROVIDING FOR

SENTENCING GENERALLY, FOR COLLECTION OF RESTITUTION,

REPARATION, FEES, COSTS, FINES AND PENALTIES, FOR ORDER OF

PROBATION, FOR SENTENCE OF PARTIAL CONFINEMENT, FOR SENTENCE

OF TOTAL CONFINEMENT, FOR SENTENCE OF COUNTY INTERMEDIATE

PUNISHMENT, FOR INFORMATION REQUIRED UPON COMMITMENT AND

SUBSEQUENT DISPOSITION, FOR MODIFICATION OR REVOCATION OF

ORDER OF PROBATION, FOR COURT-IMPOSED SANCTIONS FOR OFFENDERS

VIOLATING PROBATION, FOR MODIFICATION OR REVOCATION OF COUNTY

INTERMEDIATE PUNISHMENT SENTENCE AND FOR REVOCATION OF STATE

INTERMEDIATE PUNISHMENT SENTENCE; IN COUNTY INTERMEDIATE

PUNISHMENT, FURTHER PROVIDING FOR COUNTY INTERMEDIATE

PUNISHMENT PROGRAMS AND FOR CONTINUED ELIGIBILITY; IN

MOTIVATIONAL BOOT CAMP, FURTHER PROVIDING FOR DEFINITIONS,

FOR SELECTION OF INMATE PARTICIPANTS AND FOR MOTIVATIONAL

BOOT CAMP PROGRAM; IN STATE INTERMEDIATE PUNISHMENT, FURTHER

PROVIDING SCOPE OF CHAPTER, FOR DEFINITIONS, FOR REFERRAL TO

STATE INTERMEDIATE PUNISHMENT PROGRAM, FOR DRUG OFFENDER

TREATMENT PROGRAM AND FOR REPORTS; IN RECIDIVISM RISK

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REDUCTION INCENTIVE, FURTHER PROVIDING FOR DEFINITIONS, FOR

EVALUATION AND FOR REPORTS; IN PENNSYLVANIA BOARD OF

PROBATION AND PAROLE, FURTHER PROVIDING FOR DEFINITIONS, FOR

ADVISORY COMMITTEE, FOR GENERAL POWERS OF BOARD, FOR

PROBATION SERVICES, FOR PAROLE POWER, PROVIDING FOR SHORT

SENTENCE PAROLE, FURTHER PROVIDING FOR VIOLATION OF TERMS OF

PAROLE AND FOR PAROLE PROCEDURE; AND MAKING CONFORMING

AMENDMENTS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9728(b)(5) of Title 42 of the

Pennsylvania Consolidated Statutes is amended to read:

SECTION 1. SECTION 2153(A) OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 2153. POWERS AND DUTIES.

(A) GENERAL RULE.--THE COMMISSION, PURSUANT TO RULES AND

REGULATIONS, SHALL HAVE THE POWER TO:

* * *

(16) REPORT TO THE GENERAL ASSEMBLY ON:

(I) IMPLEMENTATION OF REVISIONS TO THE GUIDELINES

UNDER SECTIONS 2154 (RELATING TO ADOPTION OF GUIDELINES

FOR SENTENCING) AND 2154.1 (RELATING TO ADOPTION OF

GUIDELINES FOR RESTRICTIVE CONDITIONS);

(II) IMPLEMENTATION AND OUTCOMES OF JUSTICE

REINVESTMENT FUNDING TO COUNTY PROBATION;

(III) USE OF COURT-IMPOSED SANCTIONS FOR VIOLATING

PROBATION UNDER SECTION 9771.1 (RELATING TO COURT-IMPOSED

SANCTIONS FOR VIOLATING PROBATION);

(IV) IN CONSULTATION WITH THE OFFICE OF THE BUDGET

AND THE DEPARTMENT OF CORRECTIONS, THE IMPLEMENTATION OF

SHORT SENTENCE PAROLE UNDER 61 PA.C.S. § 6137.5 (RELATING

TO SHORT SENTENCE PAROLE), USE OF THE STATE DRUG

TREATMENT PROGRAM UNDER 61 PA.C.S. CH. 41 (RELATING TO

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STATE DRUG TREATMENT PROGRAM) AND USE OF SANCTIONS FOR

TECHNICAL PAROLE VIOLATIONS UNDER 61 PA.C.S. § 6138(C)(8)

(RELATING TO VIOLATION OF TERMS OF PAROLE); AND

(V) EVALUATIONS OF THE EFFECTIVENESS OF VARIOUS

CRIMINAL JUSTICE INTERVENTIONS AND PROGRAMMING, INCLUDING

RESTRICTIVE CONDITIONS OF PROBATION, RECIDIVISM RISK

REDUCTION INCENTIVE PROGRAMS, STATE DRUG TREATMENT

PROGRAM, STATE MOTIVATIONAL BOOT CAMP PROGRAM, PRETRIAL

DIVERSION PROGRAMS, PRISONER TREATMENT PROGRAMS AND

PRISONER REENTRY PROGRAMS. FOR ANY EVALUATIONS OF THE

EFFECTIVENESS OF PROGRAMS IN REDUCING RECIDIVISM, THE

COMMISSION SHALL REPORT ON:

(A) THE NUMBER OF INDIVIDUALS ELIGIBLE FOR THE

PROGRAM, THE NUMBER OF INDIVIDUALS PARTICIPATING IN

THE PROGRAM AND THE NUMBER OF INDIVIDUALS WHO

SUCCESSFULLY COMPLETED THE PROGRAM DURING THE PERIOD

UNDER STUDY.

(B) THE RECIDIVISM RATES FOR PARTICIPANTS OF THE

PROGRAM AND FOR A COMPARISON GROUP OF INDIVIDUALS WHO

DID NOT PARTICIPATE IN THE PROGRAM.

COMMISSION BELIEVES WOULD MAKE THE PROGRAM MORE

EFFECTIVE.

(D) ANY OTHER INFORMATION THE COMMISSION DEEMS

RELEVANT.

* * *

(D) HEARINGS.--THE GENERAL ASSEMBLY SHALL CONVENE HEARINGS

IN THE APPROPRIATE COMMITTEES TO HEAR AND DELIBERATE UPON

REPORTS UNDER SUBSECTION (A)(16).

SECTION 2. SECTIONS 2154 AND 2154.1 OF TITLE 42 ARE AMENDED

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TO READ:

§ 2154. ADOPTION OF GUIDELINES FOR SENTENCING.

(A) GENERAL RULE.--THE COMMISSION SHALL ADOPT GUIDELINES FOR

SENTENCING WITHIN THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE

CONSIDERED BY THE SENTENCING COURT IN DETERMINING THE

APPROPRIATE SENTENCE FOR DEFENDANTS WHO PLEAD GUILTY OR NOLO

CONTENDERE TO, OR WHO WERE FOUND GUILTY OF, FELONIES AND

MISDEMEANORS. IN ADOPTING GUIDELINES, THE COMMISSION SHALL

RECOMMEND CONFINEMENT THAT IS CONSISTENT WITH THE PROTECTION OF

THE PUBLIC, THE GRAVITY OF THE OFFENSE AS IT RELATES TO THE

IMPACT ON THE LIFE OF THE VICTIM AND THE COMMUNITY AND THE

REHABILITATIVE NEEDS OF THE OFFENDER. THE GUIDELINES SHALL

ADDRESS THE FOLLOWING RETRIBUTIVE FACTORS:

(1) SERIOUSNESS OF THE OFFENSE, BY SPECIFYING THE RANGE

OF SENTENCES APPLICABLE TO CRIMES OF A GIVEN DEGREE OF

GRAVITY[, INCLUDING INCAPACITATION OF SERIOUS VIOLENT

OFFENDERS].

(2) CRIMINAL HISTORY, BY SPECIFYING A RANGE OF SENTENCES

OF INCREASED SEVERITY OR INTENSITY OF INTERVENTION FOR

OFFENDERS PREVIOUSLY CONVICTED OF OR ADJUDICATED DELINQUENT

FOR ONE OR MORE MISDEMEANOR OR FELONY OFFENSES COMMITTED

PRIOR TO THE CURRENT OFFENSE. THE COMMISSION MAY EXCLUDE OR

REDUCE THE VALUATION OF LESS SERIOUS OFFENSES AND INCREASE

THE VALUATION OF OFFENSES COMMITTED WHILE UNDER SUPERVISION

OR IN A TEMPORAL OR OFFENSE PATTERN.

(3) CRIMINAL BEHAVIOR, BY SPECIFYING A RANGE OF

SENTENCES OF INCREASED SEVERITY OR INTENSITY OF INTERVENTION

FOR OFFENDERS [WHO POSE A SUBSTANTIAL RISK TO PUBLIC SAFETY]

WITH INCREASED CULPABILITY, INCLUDING THOSE WHO POSSESSED OR

USED A DEADLY WEAPON OR INFLICTED SUBSTANTIAL HARM DURING THE

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COMMISSION OF THE CURRENT CONVICTION OFFENSE.

(4) AGGRAVATED AND MITIGATED RANGES, BY SPECIFYING

VARIATIONS FROM THE RANGE OF SENTENCES APPLICABLE ON ACCOUNT

OF AGGRAVATING OR MITIGATING CIRCUMSTANCES.

(5) THE IMPACT OF ANY AMENDMENTS TO SECTION 9756

(RELATING TO SENTENCE OF TOTAL CONFINEMENT).

(B) ADJUSTMENTS.--THE GUIDELINES SHALL INCLUDE THE FOLLOWING

RISK-RELATED ADJUSTMENTS:

(1) INCAPACITATION OF SERIOUS VIOLENT OFFENDERS.

(2) MODIFICATIONS TO CRIMINAL HISTORY TO REFLECT RISK TO

REOFFEND AND SUBSTANTIAL RISK TO PUBLIC SAFETY TO ADJUST THE

LENGTH OF TOTAL CONFINEMENT FOR MORE SERIOUS CRIMINAL

HISTORY.

(3) RECOMMENDATIONS RELATED TO THE USE OF COUNTY

INTERMEDIATE PUNISHMENT PROGRAMS AS RESTRICTIVE CONDITIONS OF

PROBATION, THE DURATION OF TERMS OF PROBATION AND MAXIMUM

TERMS OF TOTAL AND PARTIAL CONFINEMENT AND THE USE OF

AGGREGATE SENTENCES.

INTERACTIVE INFORMATION TO SUPPORT DECISIONS WITH RISK,

RECIDIVISM AND COST INFORMATION.

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"POSSESSED." ON A DEFENDANT'S PERSON OR WITHIN THE

DEFENDANT'S IMMEDIATE PHYSICAL CONTROL.

"PREVIOUSLY CONVICTED OF OR ADJUDICATED DELINQUENT." ANY

FINDING OF GUILT OR ADJUDICATION OF DELINQUENCY, WHETHER OR NOT

SENTENCE HAS BEEN IMPOSED OR DISPOSITION ORDERED PRIOR TO THE

COMMISSION OF THE CURRENT OFFENSE.

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§ 2154.1. ADOPTION OF GUIDELINES FOR [COUNTY INTERMEDIATE

PUNISHMENT] RESTRICTIVE CONDITIONS.

(A) GENERAL RULE.--THE COMMISSION SHALL ADOPT GUIDELINES TO

IDENTIFY OFFENDERS WHO WOULD BE ELIGIBLE AND APPROPRIATE FOR

[PARTICIPATION IN COUNTY INTERMEDIATE PUNISHMENT PROGRAMS]

RESTRICTIVE CONDITIONS OF PROBATION. THESE GUIDELINES SHALL BE

CONSIDERED BY THE SENTENCING COURT IN DETERMINING WHETHER TO

[SENTENCE AN OFFENDER] IMPOSE RESTRICTIVE CONDITIONS PURSUANT TO

SECTION 9763 (RELATING TO [SENTENCE OF COUNTY INTERMEDIATE

PUNISHMENT] CONDITIONS OF PROBATION). THE GUIDELINES SHALL[:

(1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED

IN CHAPTER 98 (RELATING TO COUNTY INTERMEDIATE PUNISHMENT).

(2) GIVE] GIVE PRIMARY CONSIDERATION TO REDUCING

RECIDIVISM FOR THE PROTECTION OF THE PUBLIC SAFETY.

(B) COMPLIANCE.--THE COMMISSION SHALL CERTIFY COMPLIANCE

WITH ANY GUIDELINES ADOPTED BY THE COMMISSION FOR COUNTY

INTERMEDIATE PUNISHMENT OR FOR IMPOSING RESTRICTIVE CONDITIONS

OF PROBATION AND WITH ANY RELATED STATUTORY REQUIREMENTS AND

REPORT THE RESULTS TO THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY.

SECTION 3. SECTION 2154.2 OF TITLE 42 IS REPEALED:

[§ 2154.2. ADOPTION OF GUIDELINES FOR STATE INTERMEDIATE

PUNISHMENT.

THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY OFFENDERS

WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN STATE INTERMEDIATE

PUNISHMENT PROGRAMS. THESE GUIDELINES SHALL BE CONSIDERED BY THE

ATTORNEY FOR THE COMMONWEALTH AND THE SENTENCING COURT IN

DETERMINING WHETHER TO COMMIT A DEFENDANT FOR EVALUATION AND

WHETHER TO SENTENCE AN ELIGIBLE OFFENDER PURSUANT TO 61 PA.C.S.

CH. 41 (RELATING TO STATE INTERMEDIATE PUNISHMENT). THE

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GUIDELINES SHALL:

(1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED

IN 61 PA.C.S. CH. 41.

(2) GIVE PRIMARY CONSIDERATION TO PROTECTION OF THE

PUBLIC SAFETY.]

SECTION 4. SECTIONS 2154.7(D), 9721(A), (A.1) AND (B),

9728(B)(5), 9754, 9755(D) AND (H), 9756(C.1), 9763(A), (B)(14),

(16) AND (17), (C) AND (D), 9764(F), 9771(A) AND (B) AND 9771.1

OF TITLE 42 ARE AMENDED TO READ:

§ 2154.7. ADOPTION OF RISK ASSESSMENT INSTRUMENT.

* * *

(D) ALTERNATIVE SENTENCING.--SUBJECT TO THE ELIGIBILITY

REQUIREMENTS OF EACH PROGRAM, THE RISK ASSESSMENT INSTRUMENT MAY

BE AN AIDE TO HELP DETERMINE:

(1) FOR PERSONS UNDER SUPERVISION, INTENSITY OF

INTERVENTION, USE OF RESTRICTIVE CONDITIONS AND DURATION OF

SUPERVISION; AND

(2) APPROPRIATE CANDIDATES FOR ALTERNATIVE SENTENCING,

INCLUDING THE RECIDIVISM RISK REDUCTION INCENTIVE, STATE [AND

COUNTY INTERMEDIATE PUNISHMENT PROGRAMS] DRUG TREATMENT

PROGRAM AND STATE MOTIVATIONAL BOOT CAMPS.

* * *

§ 9721. SENTENCING GENERALLY.

(A) GENERAL RULE.--IN DETERMINING THE SENTENCE TO BE IMPOSED

THE COURT SHALL, EXCEPT AS PROVIDED IN SUBSECTION (A.1),

CONSIDER AND SELECT ONE OR MORE OF THE FOLLOWING ALTERNATIVES,

AND MAY IMPOSE THEM CONSECUTIVELY OR CONCURRENTLY:

(1) AN ORDER OF PROBATION.

(2) A DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.

(3) PARTIAL CONFINEMENT.

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(4) TOTAL CONFINEMENT.

(5) A FINE.

[(6) COUNTY INTERMEDIATE PUNISHMENT.

(7) STATE INTERMEDIATE PUNISHMENT.]

(A.1) EXCEPTION.--

(1) UNLESS SPECIFICALLY AUTHORIZED UNDER SECTION 9763

(RELATING TO [A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT)

OR 61 PA.C.S. CH. 41 (RELATING TO STATE INTERMEDIATE

PUNISHMENT)] CONDITIONS OF PROBATION), SUBSECTION (A) SHALL

NOT APPLY WHERE A MANDATORY MINIMUM SENTENCE IS OTHERWISE

PROVIDED BY LAW.

(2) [AN ELIGIBLE OFFENDER MAY BE SENTENCED TO STATE

INTERMEDIATE PUNISHMENT PURSUANT TO SUBSECTION (A)(7) AND AS

DESCRIBED IN 61 PA.C.S. CH. 41 OR TO] A PERSON MAY BE

ELIGIBLE FOR THE STATE DRUG TREATMENT PROGRAM AS DESCRIBED IN

61 PA.C.S. CH. 41 OR STATE MOTIVATIONAL BOOT CAMP AS

DESCRIBED IN 61 PA.C.S. CH. 39 (RELATING TO MOTIVATIONAL BOOT

CAMP), EVEN IF A MANDATORY MINIMUM SENTENCE WOULD OTHERWISE

BE PROVIDED BY LAW.

(3) AN ELIGIBLE [OFFENDER] PERSON MAY BE SENTENCED TO

TOTAL CONFINEMENT PURSUANT TO SUBSECTION (A)(4) AND A

RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM SENTENCE PURSUANT

TO SECTION 9756(B.1) (RELATING TO SENTENCE OF TOTAL

CONFINEMENT), EVEN IF A MANDATORY MINIMUM SENTENCE WOULD

OTHERWISE BE PROVIDED BY LAW.

(B) GENERAL STANDARDS.--IN SELECTING FROM THE ALTERNATIVES

SET FORTH IN SUBSECTION (A), THE COURT SHALL FOLLOW THE GENERAL

PRINCIPLE THAT THE SENTENCE IMPOSED SHOULD CALL FOR TOTAL

CONFINEMENT THAT IS CONSISTENT WITH SECTION 9725 (RELATING TO

TOTAL CONFINEMENT) AND THE PROTECTION OF THE PUBLIC, THE GRAVITY

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OF THE OFFENSE AS IT RELATES TO THE IMPACT ON THE LIFE OF THE

VICTIM AND ON THE COMMUNITY, AND THE REHABILITATIVE NEEDS OF THE

DEFENDANT. THE COURT SHALL ALSO CONSIDER ANY GUIDELINES FOR

SENTENCING AND RESENTENCING ADOPTED BY THE PENNSYLVANIA

COMMISSION ON SENTENCING AND TAKING EFFECT UNDER SECTION 2155

(RELATING TO PUBLICATION OF GUIDELINES FOR SENTENCING,

RESENTENCING AND PAROLE, RISK ASSESSMENT INSTRUMENT AND

RECOMMITMENT RANGES FOLLOWING REVOCATION). IN EVERY CASE IN

WHICH THE COURT IMPOSES A SENTENCE FOR A FELONY OR MISDEMEANOR,

MODIFIES A SENTENCE, RESENTENCES [AN OFFENDER] A PERSON

FOLLOWING REVOCATION OF PROBATION[, COUNTY INTERMEDIATE

PUNISHMENT OR STATE INTERMEDIATE PUNISHMENT] OR RESENTENCES

FOLLOWING REMAND, THE COURT SHALL MAKE AS A PART OF THE RECORD,

AND DISCLOSE IN OPEN COURT AT THE TIME OF SENTENCING, A

STATEMENT OF THE REASON OR REASONS FOR THE SENTENCE IMPOSED. IN

EVERY CASE WHERE THE COURT IMPOSES A SENTENCE OR RESENTENCE

OUTSIDE THE GUIDELINES ADOPTED BY THE PENNSYLVANIA COMMISSION ON

SENTENCING UNDER SECTIONS 2154 (RELATING TO ADOPTION OF

GUIDELINES FOR SENTENCING), 2154.1 (RELATING TO ADOPTION OF

GUIDELINES FOR [COUNTY INTERMEDIATE PUNISHMENT), 2154.2

(RELATING TO ADOPTION OF GUIDELINES FOR STATE INTERMEDIATE

PUNISHMENT)] RESTRICTIVE CONDITIONS), 2154.3 (RELATING TO

ADOPTION OF GUIDELINES FOR FINES), 2154.4 (RELATING TO ADOPTION

OF GUIDELINES FOR RESENTENCING) AND 2154.5 (RELATING TO ADOPTION

OF GUIDELINES FOR PAROLE) AND MADE EFFECTIVE UNDER SECTION 2155,

THE COURT SHALL PROVIDE A CONTEMPORANEOUS WRITTEN STATEMENT OF

THE REASON OR REASONS FOR THE DEVIATION FROM THE GUIDELINES TO

THE COMMISSION, AS ESTABLISHED UNDER SECTION 2153(A)(14)

(RELATING TO POWERS AND DUTIES). FAILURE TO COMPLY SHALL BE

GROUNDS FOR VACATING THE SENTENCE OR RESENTENCE AND RESENTENCING

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THE DEFENDANT.

* * *

§ 9728. Collection of restitution, reparation, fees, costs,

fines and penalties.

* * *

(b) Procedure.--

* * *

(5) Deductions shall be as follows:

(i) The [county correctional facility to which the

offender has been sentenced or the] Department of

Corrections shall [be authorized to] make monetary

deductions [from] of AT LEAST 25% of deposits made to

inmate personal accounts for the purpose of collecting

restitution [or], costs imposed under section 9721(c.1),

filing fees to be collected under section 6602(c)

(relating to prisoner filing fees) and any other court-

ordered obligation [or costs imposed under section

9721(c.1)]. Deductions under this paragraph shall be in

addition to the full amount authorized to be collected

pursuant to any order for support. Any amount deducted

shall be transmitted by the Department of Corrections [or

the county correctional facility] to the probation

department of the county or other agent designated by the

county commissioners of the county with the approval of

the president judge of the county in which the offender

was convicted.] The Department of Corrections, shall

develop guidelines relating to its responsibilities under

this paragraph. The guidelines shall be incorporated into

any contract entered into with a correctional facility.

(ii) The county correctional facility to which the

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offender has been sentenced shall be authorized to make

monetary deductions from inmate WAGES AND personal

accounts for the purpose of collecting restitution, costs

imposed under section 9721(c.1), filing fees to be

collected under section 6602(c) (relating to prisoner

filing fees) and any other court-ordered obligation . OR

FEES OWED TO THE COUNTY JAIL OR PRISON RELATED TO THE

INMATE'S INCARCERATION. BEFORE RELEASING FUNDS ON

DEPOSIT, THE COUNTY CORRECTIONAL FACILITY SHALL DEDUCT AN

AMOUNT SUFFICIENT TO SATISFY ANY OUTSTANDING RESTITUTION,

COSTS IMPOSED UNDER SECTION 9721(C.1), FILING FEES TO BE

COLLECTED UNDER SECTION 6602(C) OR OTHER COURT-ORDERED

OBLIGATIONS. Deductions under this paragraph shall be in

addition to the full amount authorized to be collected

pursuant to any order for support. Any amount deducted

shall be transmitted by the county correctional facility

to the probation department of the county or other agent

designated by the county commissioners of the county with

the approval of the president judge of the county in

which the offender was convicted. Each county

correctional facility, in accordance with the Department

of Corrections, shall develop guidelines relating to its

responsibilities under this paragraph. The guidelines

shall be incorporated into any contract entered into with

a correctional facility.

* * *

Section 2. This act shall take effect in 60 days.

§ 9754. ORDER OF PROBATION.

(A) GENERAL RULE.--IN IMPOSING AN ORDER OF PROBATION THE

COURT SHALL SPECIFY AT THE TIME OF SENTENCING THE LENGTH OF ANY

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TERM DURING WHICH THE DEFENDANT IS TO BE SUPERVISED, WHICH TERM

MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE DEFENDANT COULD BE

CONFINED, AND THE AUTHORITY THAT SHALL CONDUCT THE SUPERVISION.

THE COURT SHALL CONSIDER PROBATION GUIDELINES ADOPTED BY THE

PENNSYLVANIA COMMISSION ON SENTENCING UNDER SECTIONS 2154

(RELATING TO ADOPTION OF GUIDELINES FOR SENTENCING) AND 2154.1

(RELATING TO ADOPTION OF GUIDELINES FOR RESTRICTIVE CONDITIONS).

(B) CONDITIONS GENERALLY.--THE COURT SHALL ATTACH [SUCH OF

THE REASONABLE CONDITIONS AUTHORIZED BY SUBSECTION (C) OF THIS

SECTION AS IT DEEMS NECESSARY TO INSURE OR ASSIST THE DEFENDANT

IN LEADING A LAW-ABIDING LIFE.

ITS ORDER REQUIRE THE DEFENDANT:

(1) TO MEET HIS FAMILY RESPONSIBILITIES.

(2) TO DEVOTE HIMSELF TO A SPECIFIC OCCUPATION OR

EMPLOYMENT.

(2.1) TO PARTICIPATE IN A PUBLIC OR NONPROFIT COMMUNITY

SERVICE PROGRAM UNLESS THE DEFENDANT WAS CONVICTED OF MURDER,

RAPE, AGGRAVATED ASSAULT, ARSON, THEFT BY EXTORTION,

TERRORISTIC THREATS, ROBBERY OR KIDNAPPING.

(3) TO UNDERGO AVAILABLE MEDICAL OR PSYCHIATRIC

TREATMENT AND TO ENTER AND REMAIN IN A SPECIFIED INSTITUTION,

WHEN REQUIRED FOR THAT PURPOSE.

(4) TO PURSUE A PRESCRIBED SECULAR COURSE OF STUDY OR

VOCATIONAL TRAINING.

(5) TO ATTEND OR RESIDE IN A FACILITY ESTABLISHED FOR

THE INSTRUCTION, RECREATION, OR RESIDENCE OF PERSONS ON

PROBATION.

(6) TO REFRAIN FROM FREQUENTING UNLAWFUL OR DISREPUTABLE

PLACES OR CONSORTING WITH DISREPUTABLE PERSONS.

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(7) TO HAVE IN HIS POSSESSION NO FIREARM OR OTHER

DANGEROUS WEAPON UNLESS GRANTED WRITTEN PERMISSION.

(8) TO MAKE RESTITUTION OF THE FRUITS OF HIS CRIME OR TO

MAKE REPARATIONS, IN AN AMOUNT HE CAN AFFORD TO PAY, FOR THE

LOSS OR DAMAGE CAUSED THEREBY.

(9) TO REMAIN WITHIN THE JURISDICTION OF THE COURT AND

TO NOTIFY THE COURT OR THE PROBATION OFFICER OF ANY CHANGE IN

HIS ADDRESS OR HIS EMPLOYMENT.

(10) TO REPORT AS DIRECTED TO THE COURT OR THE PROBATION

OFFICER AND TO PERMIT THE PROBATION OFFICER TO VISIT HIS

HOME.

(11) TO PAY SUCH FINE AS HAS BEEN IMPOSED.

(12) TO PARTICIPATE IN DRUG OR ALCOHOL TREATMENT

PROGRAMS.

(13) TO SATISFY ANY OTHER CONDITIONS REASONABLY RELATED

TO THE REHABILITATION OF THE DEFENDANT AND NOT UNDULY

RESTRICTIVE OF HIS LIBERTY OR INCOMPATIBLE WITH HIS FREEDOM

OF CONSCIENCE.

(14) TO REMAIN WITHIN THE PREMISES OF HIS RESIDENCE

DURING THE HOURS DESIGNATED BY THE COURT.] REASONABLE

CONDITIONS AUTHORIZED BY SECTION 9763 (RELATING TO CONDITIONS

OF PROBATION).

(D) SENTENCE FOLLOWING VIOLATION OF PROBATION.--THE SENTENCE

TO BE IMPOSED IN THE EVENT OF THE VIOLATION OF A CONDITION SHALL

NOT BE FIXED PRIOR TO A FINDING ON THE RECORD THAT A VIOLATION

HAS OCCURRED.

§ 9755. SENTENCE OF PARTIAL CONFINEMENT.

* * *

(D) CONDITIONS TO RELEASE.--THE COURT MAY IN ADDITION

INCLUDE IN ITS ORDER SUCH OF THE CONDITIONS AS ARE ENUMERATED IN

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SECTION [9754 (RELATING TO ORDER OF PROBATION)] 9763 (RELATING

TO CONDITIONS OF PROBATION) AS MAY BE REASONABLY RELATED TO THE

SENTENCE.

* * *

(H) SENTENCE OF PARTIAL CONFINEMENT COMBINED WITH [SENTENCE

OF COUNTY INTERMEDIATE PUNISHMENT] PROBATION.--THE COURT MAY

IMPOSE A SENTENCE OF PARTIAL CONFINEMENT WITHOUT PAROLE UNDER

THIS SUBSECTION ONLY WHEN:

(1) THE PERIOD OF PARTIAL CONFINEMENT IS FOLLOWED

IMMEDIATELY BY [A SENTENCE] RESTRICTIVE CONDITIONS OF

PROBATION IMPOSED PURSUANT TO SECTION 9763 (RELATING TO

[SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT)] CONDITIONS OF

PROBATION) IN WHICH CASE THE SENTENCE OF PARTIAL CONFINEMENT

SHALL SPECIFY THE NUMBER OF DAYS OF PARTIAL CONFINEMENT TO BE

SERVED; AND

(2) THE MAXIMUM SENTENCE OF PARTIAL CONFINEMENT IMPOSED

ON ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR

CONCURRENTLY TOTAL 90 DAYS OR LESS.

§ 9756. SENTENCE OF TOTAL CONFINEMENT.

* * *

(C.1) SENTENCE OF TOTAL CONFINEMENT COMBINED WITH [SENTENCE

OF COUNTY INTERMEDIATE PUNISHMENT] PROBATION.--THE COURT MAY

IMPOSE A SENTENCE OF IMPRISONMENT WITHOUT PAROLE UNDER THIS

SUBSECTION ONLY WHEN:

(1) THE PERIOD OF TOTAL CONFINEMENT IS FOLLOWED

IMMEDIATELY BY [A SENTENCE] RESTRICTIVE CONDITIONS OF

PROBATION IMPOSED PURSUANT TO SECTION 9763(C) OR (D)

(RELATING TO [SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT)]

CONDITIONS OF PROBATION) IN WHICH CASE THE SENTENCE OF TOTAL

CONFINEMENT SHALL SPECIFY THE NUMBER OF DAYS OF TOTAL

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CONFINEMENT ALSO TO BE SERVED; AND

(2) THE MAXIMUM SENTENCE OF TOTAL CONFINEMENT IMPOSED ON

ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR CONCURRENTLY

TOTAL 90 DAYS OR LESS.

* * *

§ 9763. [SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT] CONDITIONS

OF PROBATION.

(A) GENERAL RULE.--IN IMPOSING [A SENTENCE OF COUNTY

INTERMEDIATE PUNISHMENT] PROBATION, THE COURT SHALL CONSIDER

GUIDELINES ADOPTED BY THE PENNSYLVANIA COMMISSION ON SENTENCING

UNDER SECTION 2154 (RELATING TO ADOPTION OF GUIDELINES FOR

SENTENCING) OR 2154.1 (RELATING TO ADOPTION OF GUIDELINES FOR

RESTRICTIVE CONDITIONS) AND SPECIFY AT THE TIME OF SENTENCING

THE CONDITIONS OF PROBATION, INCLUDING THE LENGTH OF THE TERM

[FOR WHICH THE DEFENDANT IS TO BE IN A COUNTY INTERMEDIATE

PUNISHMENT PROGRAM ESTABLISHED UNDER CHAPTER 98 (RELATING TO

COUNTY INTERMEDIATE PUNISHMENT) OR A COMBINATION OF COUNTY

INTERMEDIATE PUNISHMENT PROGRAMS. THE TERM MAY NOT EXCEED THE

MAXIMUM TERM FOR WHICH THE DEFENDANT COULD BE CONFINED AND THE

PROGRAM TO WHICH THE DEFENDANT IS SENTENCED. THE COURT MAY ORDER

A DEFENDANT TO SERVE A PORTION OF THE SENTENCE UNDER SECTION

9755 (RELATING TO SENTENCE OF PARTIAL CONFINEMENT) OR 9756

(RELATING TO SENTENCE OF TOTAL CONFINEMENT) AND TO SERVE A

PORTION IN A COUNTY INTERMEDIATE PUNISHMENT PROGRAM OR A

COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.] OF

RESTRICTIVE CONDITIONS UNDER SUBSECTION (C) OR (D). THE TERM OF

RESTRICTIVE CONDITIONS UNDER SUBSECTION (C) SHALL BE EQUAL TO OR

GREATER THAN THE MANDATORY MINIMUM TERM OF IMPRISONMENT REQUIRED

BY STATUTE.

(B) CONDITIONS GENERALLY.--THE COURT MAY ATTACH ANY OF THE

20170HB0285PN4272 - 15 -

FOLLOWING CONDITIONS UPON THE DEFENDANT AS IT DEEMS NECESSARY:

* * *

(14) TO PARTICIPATE IN DRUG OR ALCOHOL SCREENING AND

TREATMENT PROGRAMS, INCLUDING OUTPATIENT [AND INPATIENT]

PROGRAMS.

* * *

[(16) TO REMAIN WITHIN THE PREMISES OF THE DEFENDANT'S

RESIDENCE DURING THE HOURS DESIGNATED BY THE COURT.

(17) TO BE SUBJECT TO ELECTRONIC MONITORING.]

(1) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO

75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING

PRIVILEGE IS SUSPENDED OR REVOKED), FORMER 75 PA.C.S. § 3731

(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED

SUBSTANCE) OR 75 PA.C.S. § 3804 (RELATING TO PENALTIES) FOR A

FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38

(RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING

DRUGS) MAY ONLY [BE SENTENCED TO COUNTY INTERMEDIATE

PUNISHMENT] HAVE PROBATION IMPOSED AFTER UNDERGOING AN

ASSESSMENT UNDER 75 PA.C.S. § 3814 (RELATING TO DRUG AND

ALCOHOL ASSESSMENTS).

(2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG

AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY [BE SENTENCED

TO COUNTY INTERMEDIATE PUNISHMENT WHICH] HAVE PROBATION THAT

INCLUDES PARTICIPATION IN DRUG AND ALCOHOL TREATMENT UNDER 75

PA.C.S. § 3815(C) (RELATING TO MANDATORY SENTENCING). THE

DEFENDANT [MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE

PUNISHMENT IN] SHALL HAVE RESTRICTIVE DUI PROBATION

CONDITIONS OF:

(I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL

20170HB0285PN4272 - 16 -

REHABILITATIVE CENTER;

(II) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;

(III) A PARTIAL CONFINEMENT PROGRAM SUCH AS WORK

RELEASE, WORK CAMP AND HALFWAY FACILITY; OR

(IV) ANY COMBINATION OF THE PROGRAMS SET FORTH IN

THIS PARAGRAPH.

(3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF

DRUG AND ALCOHOL TREATMENT, THE DEFENDANT [MAY ONLY BE

SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT IN] SHALL HAVE

RESTRICTIVE DUI PROBATION CONDITIONS OF:

(I) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;

(II) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK

RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR

(III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN

THIS PARAGRAPH.

(4) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF

ADDITIONAL TREATMENT UNDER 75 PA.C.S. § 3814(2), THE JUDGE

SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED BY LAW AND A

MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE MAXIMUM.

A SENTENCE TO THE STATUTORILY AVAILABLE MAXIMUM IMPOSED UNDER

THIS SUBSECTION MAY, IN THE DISCRETION OF THE SENTENCING

COURT, BE ORDERED TO BE SERVED IN A COUNTY PRISON,

NOTWITHSTANDING THE PROVISIONS OF SECTION 9762 (RELATING TO

SENTENCING PROCEEDING; PLACE OF CONFINEMENT).

(D) [SENTENCE FOLLOWING VIOLATION OF CONDITION.--THE

SENTENCE TO BE IMPOSED IN THE EVENT OF THE VIOLATION OF A

CONDITION UNDER SUBSECTION (B) SHALL NOT BE IMPOSED PRIOR TO A

FINDING ON THE RECORD THAT A VIOLATION HAS OCCURRED.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW REQUIRING NOTICE

PRIOR TO SENTENCING, IN THE EVENT OF A VIOLATION OF A CONDITION

20170HB0285PN4272 - 17 -

UNDER SUBSECTION (B), THE ATTORNEY FOR THE COMMONWEALTH MAY FILE

NOTICE AT ANY TIME PRIOR TO RESENTENCING OF THE COMMONWEALTH'S

INTENTION TO PROCEED UNDER AN APPLICABLE PROVISION OF LAW

REQUIRING A MANDATORY MINIMUM SENTENCE.] RESTRICTIVE CONDITIONS

OF PROBATION.--PROBATION MAY INCLUDE RESTRICTIVE CONDITIONS

THAT:

(1) HOUSE THE PERSON FULL TIME OR PART TIME, INCLUDING

INPATIENT TREATMENT; OR

(2) SIGNIFICANTLY RESTRICT THE PERSON'S MOVEMENT AND

MONITOR THE PERSON'S COMPLIANCE WITH THE PROGRAM, INCLUDING

ELECTRONIC MONITORING OR HOME CONFINEMENT.

§ 9764. INFORMATION REQUIRED UPON COMMITMENT AND SUBSEQUENT

DISPOSITION.

* * *

(F) RELEASE FROM COUNTY CORRECTIONAL FACILITY TO STATE

PROBATION OR PAROLE.--

(1) PRIOR TO THE RELEASE OF AN INMATE FROM A COUNTY

CORRECTIONAL FACILITY TO STATE PROBATION OR PAROLE

SUPERVISION, THE FACILITY SHALL PROVIDE TO THE DEPARTMENT OF

CORRECTIONS AND THE PENNSYLVANIA BOARD OF PROBATION AND

PAROLE THE INFORMATION CONTAINED IN SUBSECTIONS [(A)(1)

THROUGH (4)] (A) AND (B) WITH THE EXCEPTION OF SUBSECTION (A)

(5).

(2) PRIOR TO THE RELEASE OF AN INMATE FROM A COUNTY

CORRECTIONAL FACILITY TO STATE PROBATION OR PAROLE

SUPERVISION, THE FACILITY SHALL PROVIDE TO THE INMATE HIS

CURRENT MEDICATIONS AS PRESCRIBED AND ANY CUSTOMARY AND

NECESSARY MEDICAL SUPPLIES AS DETERMINED BY THE PRESCRIBING

PHYSICIAN.

* * *

20170HB0285PN4272 - 18 -

§ 9771. MODIFICATION OR REVOCATION OF ORDER OF PROBATION.

(A) GENERAL RULE.--THE COURT [MAY] HAS INHERENT POWER TO AT

ANY TIME TERMINATE CONTINUED SUPERVISION OR LESSEN [OR INCREASE]

THE CONDITIONS UPON WHICH AN ORDER OF PROBATION HAS BEEN

IMPOSED.

(B) REVOCATION.--THE COURT MAY INCREASE THE CONDITIONS,

IMPOSE A BRIEF SANCTION UNDER SECTION 9771.1 (RELATING TO COURT-

IMPOSED SANCTIONS FOR VIOLATING PROBATION) OR REVOKE AN ORDER OF

PROBATION UPON PROOF OF THE VIOLATION OF SPECIFIED CONDITIONS OF

THE PROBATION. UPON REVOCATION THE SENTENCING ALTERNATIVES

AVAILABLE TO THE COURT SHALL BE THE SAME AS WERE AVAILABLE AT

THE TIME OF INITIAL SENTENCING, DUE CONSIDERATION BEING GIVEN TO

THE TIME SPENT SERVING THE ORDER OF PROBATION. THE ATTORNEY FOR

THE COMMONWEALTH MAY FILE NOTICE AT ANY TIME PRIOR TO

RESENTENCING OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER AN

APPLICABLE PROVISION OF LAW REQUIRING A MANDATORY MINIMUM

SENTENCE.

* * *

§ 9771.1. COURT-IMPOSED SANCTIONS FOR [OFFENDERS] VIOLATING

PROBATION.

(A) PROGRAM.--NOTWITHSTANDING THE PROVISIONS OF SECTION 9771

(RELATING TO MODIFICATION OR REVOCATION OF ORDER OF PROBATION),

THE COURT OF COMMON PLEAS OF A JUDICIAL DISTRICT MAY ESTABLISH A

PROGRAM TO IMPOSE SWIFT, PREDICTABLE AND [IMMEDIATE] BRIEF

SANCTIONS ON [OFFENDERS] PERSONS WHO VIOLATE THEIR PROBATION.

[(B) COORDINATION WITH OTHER OFFICIALS.--THE COURT SHALL

WORK WITH PROBATION ADMINISTRATORS AND OFFICERS, JAIL

ADMINISTRATORS, PROSECUTORS, PUBLIC DEFENDERS AND LAW

ENFORCEMENT IN THE JUDICIAL DISTRICT TO DEVELOP AND IMPLEMENT

THE PROGRAM.

20170HB0285PN4272 - 19 -

(1) THE COURT SHALL DETERMINE WHICH OFFENDERS ARE

ELIGIBLE FOR AND ADMITTED INTO THE PROGRAM. THE PROGRAM SHALL

FOCUS ON, BUT NOT BE LIMITED TO, OFFENDERS WHO HAVE COMMITTED

DRUG-RELATED CRIMES.

(2) AN OFFENDER SHALL BE INELIGIBLE FOR THE PROGRAM IF

THE OFFENDER HAS BEEN CONVICTED OR ADJUDICATED DELINQUENT OF

A CRIME OF VIOLENCE AS DEFINED IN SECTION 9714 (RELATING TO

SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES) OR OF A CRIME

REQUIRING REGISTRATION UNDER SUBCHAPTER H (RELATING TO

REGISTRATION OF SEXUAL OFFENDERS).

(D) WARNING HEARING.--

(1) AT THE TIME OF SENTENCING, THE COURT SHALL HOLD A

WARNING HEARING FOR EACH PARTICIPANT IN THE PROGRAM TO

CLEARLY COMMUNICATE PROGRAM EXPECTATIONS AND CONSEQUENCES AND

TO ENCOURAGE THE PARTICIPANT'S COMPLIANCE AND SUCCESS.

(2) THE COURT SHALL EMPHASIZE THE EXPECTATIONS THAT THE

PARTICIPANT REMAIN DRUG FREE AND COMPLY WITH ANY TREATMENT OR

SERVICES ORDERED BY THE COURT AS A CONDITION OF THE

PARTICIPANT'S PROBATION.

(3) THE COURT SHALL PUT THE PARTICIPANT ON NOTICE THAT

EACH PROBATION VIOLATION, INCLUDING MISSED APPOINTMENTS AND

POSITIVE DRUG TESTS, WILL RESULT IN JAIL TIME AS PROVIDED FOR

UNDER SUBSECTION (G).

(E) DRUG TESTING.--THE PROGRAM SHALL REQUIRE, WHEN

APPLICABLE, RANDOMIZED DRUG TESTING.]

(F) VIOLATION HEARING.--IF A PARTICIPANT COMMITS A PROBATION

VIOLATION, THE PARTICIPANT SHALL PROMPTLY BE ARRESTED, AND A

HEARING SHALL BE HELD NO LATER THAN TWO BUSINESS DAYS AFTER THE

ARREST DATE.

20170HB0285PN4272 - 20 -

(G) SANCTIONS.--

(1) THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT OF UP

TO:

(I) THREE DAYS FOR A FIRST VIOLATION;

(II) SEVEN DAYS FOR A SECOND VIOLATION;

(III) FOURTEEN DAYS FOR A THIRD VIOLATION; AND

(IV) TWENTY-ONE DAYS FOR A FOURTH OR SUBSEQUENT

VIOLATION OF PROBATION.

(2) THE COURT MAY ALLOW THE TERM OF IMPRISONMENT TO BE

SERVED ON WEEKENDS OR OTHER NONWORK DAYS FOR EMPLOYED

PROBATIONERS WHO HAVE COMMITTED A FIRST OR SECOND VIOLATION.

(3) THE COURT MAY INCREASE THE CONDITIONS OF PROBATION,

INCLUDING ADDITIONAL SUBSTANCE ABUSE TREATMENT FOR A

PARTICIPANT WHO HAS FAILED ONE OR MORE DRUG TESTS.

(H) EXCEPTIONS.--IF THE PARTICIPANT IS ABLE TO PROVIDE A

COMPELLING REASON FOR THE PROBATION VIOLATION, THE COURT MAY

GRANT AN EXCEPTION TO THE SANCTIONS AUTHORIZED UNDER SUBSECTION

(G).

(I) REVOCATION OF PROBATION.--

(1) AFTER A THIRD VIOLATION, THE COURT MAY REVOKE THE

ORDER OF PROBATION.

(2) UPON REVOCATION, THE SENTENCING ALTERNATIVES SHALL

BE THE SAME AS WERE AVAILABLE AT THE TIME OF INITIAL

SENTENCING, DUE CONSIDERATION BEING GIVEN TO THE TIME SPENT

SERVING THE ORDER OF PROBATION.

(J) LOCAL RULES.--

(1) THE COURT MAY ADOPT LOCAL RULES FOR THE

ADMINISTRATION OF THIS PROGRAM. EXCEPT AS PROVIDED FOR UNDER

PARAGRAPH (2), THE LOCAL RULES MAY NOT BE INCONSISTENT WITH

THIS SECTION OR ANY RULES ADOPTED BY THE SUPREME COURT.

20170HB0285PN4272 - 21 -

(2) THE COURT MAY ADOPT LOCAL RULES THAT ARE

INCONSISTENT WITH SUBSECTION (G) REGARDING THE TERMS OF

IMPRISONMENT OR OTHER SANCTIONS OR CONDITIONS PROVIDED FOR

UNDER SUBSECTION (G).

SECTION 5. SECTIONS 9773 AND 9774 OF TITLE 42 ARE REPEALED:

[§ 9773. MODIFICATION OR REVOCATION OF COUNTY INTERMEDIATE

PUNISHMENT SENTENCE.

(A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A

SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT OR INCREASE OR

DECREASE THE CONDITIONS OF A SENTENCE PURSUANT TO SECTION 9763

(RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT).

(B) REVOCATION.--THE COURT MAY REVOKE A SENTENCE OF COUNTY

INTERMEDIATE PUNISHMENT UPON PROOF OF A VIOLATION OF SPECIFIC

CONDITIONS OF THE SENTENCE. UPON REVOCATION AND SUBJECT TO

SECTION 9763(D), THE SENTENCING ALTERNATIVES AVAILABLE TO THE

COURT SHALL BE THE SAME AS THE ALTERNATIVES AVAILABLE AT THE

TIME OF INITIAL SENTENCING. UPON A REVOCATION OF COUNTY

INTERMEDIATE PUNISHMENT FOR ANY REASON SPECIFIED BY LAW, THE

ATTORNEY FOR THE COMMONWEALTH MAY FILE NOTICE, AT ANY TIME PRIOR

TO RESENTENCING, OF THE COMMONWEALTH'S INTENTION TO PROCEED

UNDER AN APPLICABLE PROVISION OF LAW REQUIRING A MANDATORY

MINIMUM SENTENCE. CONSIDERATION SHALL BE GIVEN TO THE TIME

SERVED IN THE COUNTY INTERMEDIATE PUNISHMENT PROGRAM.

THE CONDITIONS OF A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT

WITHOUT A HEARING AT WHICH THE COURT SHALL CONSIDER THE RECORD

OF THE INITIAL SENTENCING PROCEEDING AS WELL AS THE CONDUCT OF

THE DEFENDANT WHILE SERVING A SENTENCE OF COUNTY INTERMEDIATE

PUNISHMENT. A HEARING IS NOT REQUIRED TO DECREASE THE CONDITIONS

OF THE SENTENCE.

20170HB0285PN4272 - 22 -

§ 9774. REVOCATION OF STATE INTERMEDIATE PUNISHMENT SENTENCE.

(A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A

SENTENCE OF STATE INTERMEDIATE PUNISHMENT PURSUANT TO 61 PA.C.S.

CH. 41 (RELATING TO STATE INTERMEDIATE PUNISHMENT).

(B) REVOCATION.--THE COURT SHALL REVOKE A SENTENCE OF STATE

INTERMEDIATE PUNISHMENT IF AFTER A HEARING IT DETERMINES THAT

THE PARTICIPANT WAS EXPELLED FROM OR FAILED TO COMPLETE THE

PROGRAM.

INTERMEDIATE PUNISHMENT SENTENCE, THE SENTENCING ALTERNATIVES

AVAILABLE TO THE COURT SHALL BE THE SAME AS THE ALTERNATIVES

AVAILABLE AT THE TIME OF INITIAL SENTENCING. THE ATTORNEY FOR

THE COMMONWEALTH MUST FILE NOTICE, AT ANY TIME PRIOR TO

RESENTENCING, OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER

AN APPLICABLE PROVISION OF LAW REQUIRING A MANDATORY MINIMUM

SENTENCE.]

SECTION 6. SECTIONS 9804 AND 9810(A) OF TITLE 42 ARE AMENDED

TO READ:

§ 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.

(A) DESCRIPTION.--COUNTY INTERMEDIATE PUNISHMENT [PROGRAM

OPTIONS SHALL INCLUDE THE FOLLOWING:

(1) RESTRICTIVE INTERMEDIATE PUNISHMENTS PROVIDING FOR

THE STRICT SUPERVISION OF THE OFFENDER, INCLUDING PROGRAMS

THAT:

(I) HOUSE THE OFFENDER FULL OR PART TIME;

(II) SIGNIFICANTLY RESTRICT THE OFFENDER'S MOVEMENT

AND MONITOR THE OFFENDER'S COMPLIANCE WITH THE PROGRAM;

(III) INVOLVE A COMBINATION OF PROGRAMS THAT MEET

THE STANDARDS SET FORTH UNDER SUBPARAGRAPHS (I) AND (II).

20170HB0285PN4272 - 23 -

(2) WHEN UTILIZED IN COMBINATION WITH RESTRICTIVE

INTERMEDIATE PUNISHMENTS, RESTORATIVE SANCTIONS PROVIDING FOR

NONCONFINEMENT SENTENCING OPTIONS THAT:

(I) ARE THE LEAST RESTRICTIVE IN TERMS OF THE

CONSTRAINT OF THE OFFENDER'S LIBERTIES.

(II) DO NOT INVOLVE THE HOUSING OF THE OFFENDER,

EITHER FULL OR PART TIME.

(III) FOCUS ON RESTORING THE VICTIM TO PRE-OFFENSE

STATUS.] PROGRAMS ARE RESTRICTIVE CONDITIONS OF PROBATION

IMPOSED UNDER SECTION 9763(C) OR (D) (RELATING TO

CONDITIONS OF PROBATION), WHICH MAY BE SUBJECT TO

GUIDELINES ADOPTED UNDER SECTION 2154.1 (RELATING TO

ADOPTION OF GUIDELINES FOR RESTRICTIVE CONDITIONS).

(B) ELIGIBILITY.--

(1) (I) [NO PERSON OTHER THAN THE ELIGIBLE OFFENDER

SHALL BE SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT

PROGRAM.] UPON ADOPTION OF GUIDELINES FOR IMPOSING

RESTRICTIVE CONDITIONS ADOPTED BY THE PENNSYLVANIA

COMMISSION ON SENTENCING UNDER SECTION 2154.1, ONLY

ELIGIBLE PERSONS MAY HAVE RESTRICTIVE CONDITIONS IMPOSED.

(II) THE PROSECUTING ATTORNEY, IN THE PROSECUTING

ATTORNEY'S SOLE DISCRETION, MAY ADVISE THE COURT THAT THE

COMMONWEALTH HAS ELECTED TO WAIVE THE ELIGIBILITY

REQUIREMENTS [OF THIS CHAPTER] IF THE VICTIM HAS BEEN

GIVEN NOTICE OF THE PROSECUTING ATTORNEY'S INTENT TO

WAIVE THE ELIGIBILITY REQUIREMENTS AND AN OPPORTUNITY TO

BE HEARD ON THE ISSUE.

(III) THE COURT, AFTER CONSIDERING VICTIM INPUT, MAY

REFUSE TO ACCEPT THE PROSECUTING ATTORNEY'S WAIVER OF THE

ELIGIBILITY REQUIREMENTS.

20170HB0285PN4272 - 24 -

(2) [THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL

EMPLOY THE TERM "ELIGIBLE OFFENDER" TO FURTHER IDENTIFY

OFFENDERS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN

COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. IN DEVELOPING THE

GUIDELINES, THE COMMISSION SHALL GIVE PRIMARY CONSIDERATION

TO PROTECTION OF THE PUBLIC SAFETY.] ONLY PROGRAMS THAT MEET

THE REQUIREMENTS OF RESTRICTIVE CONDITIONS OF PROBATION UNDER

SECTION 9763(C) OR (D) AND ARE CERTIFIED IN ACCORDANCE WITH

SECTION 2154.1(B) SHALL BE ELIGIBLE FOR COUNTY INTERMEDIATE

PUNISHMENT PROGRAM FUNDING.

[(4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED

PURSUANT TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING

WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 3804

(RELATING TO PENALTIES) OR 3808(A)(2) (RELATING TO

ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH

IGNITION INTERLOCK) SHALL UNDERGO AN ASSESSMENT UNDER 75

PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL

ASSESSMENTS).

(II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF

DRUG AND ALCOHOL TREATMENT, A SENTENCE TO COUNTY

INTERMEDIATE PUNISHMENT SHALL INCLUDE PARTICIPATION IN

DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)

(RELATING TO MANDATORY SENTENCING). THE DEFENDANT MAY

ONLY BE SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT IN:

(A) A RESIDENTIAL INPATIENT PROGRAM OR A

RESIDENTIAL REHABILITATIVE CENTER;

(B) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;

RELEASE, WORK CAMP AND HALFWAY FACILITY; OR

(D) ANY COMBINATION OF THE PROGRAMS SET FORTH IN

20170HB0285PN4272 - 25 -

THIS SUBPARAGRAPH.

(III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN

NEED OF DRUG AND ALCOHOL TREATMENT OR IF THE DEFENDANT

RECEIVES A PENALTY IMPOSED UNDER 30 PA.C.S. § 5502(C.1)

(RELATING TO OPERATING WATERCRAFT UNDER INFLUENCE OF

ALCOHOL OR CONTROLLED SUBSTANCE), THE DEFENDANT MAY ONLY

BE SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM

IN:

(A) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;

(B) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK

RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR

THIS PARAGRAPH.

(5) A DEFENDANT SUBJECT TO 75 PA.C.S. § 3804 (RELATING

TO PENALTIES) OR 30 PA.C.S. § 5502(C.1) MAY ONLY BE SENTENCED

TO COUNTY INTERMEDIATE PUNISHMENT FOR A FIRST, SECOND OR

THIRD OFFENSE UNDER 75 PA.C.S. CH. 38 (RELATING TO DRIVING

AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS) OR 30 PA.C.S. §

5502.]

§ 9810. CONTINUED ELIGIBILITY.

(A) EVALUATION.--IN ORDER TO REMAIN ELIGIBLE FOR [CONTINUED

GRANT] COUNTY INTERMEDIATE PUNISHMENT FUNDING, A COUNTY SHALL

COMPLY WITH COMMISSION STANDARDS AND REGULATIONS AND PARTICIPATE

IN AN EVALUATION TO DETERMINE PROGRAM EFFECTIVENESS. THE FORM OF

THE EVALUATION SHALL BE DETERMINED BY THE COMMISSION[.] AND

SHALL INCLUDE CERTIFICATION BY THE PENNSYLVANIA COMMISSION ON

SENTENCING UNDER SECTION 2154.1(B) (RELATING TO ADOPTION OF

GUIDELINES FOR RESTRICTIVE CONDITIONS).

* * *

SECTION 7. THE DEFINITION OF "ELIGIBLE INMATE" IN SECTION

20170HB0285PN4272 - 26 -

3903 OF TITLE 61 IS AMENDED TO READ:

§ 3903. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"ELIGIBLE INMATE." A PERSON SENTENCED TO A TERM OF

CONFINEMENT UNDER THE JURISDICTION OF THE DEPARTMENT OF

CORRECTIONS WHO IS SERVING A TERM OF CONFINEMENT, THE MINIMUM OF

WHICH IS NOT MORE THAN TWO YEARS AND THE MAXIMUM OF WHICH IS

FIVE YEARS OR LESS, OR AN INMATE WHO IS SERVING A TERM OF

CONFINEMENT, THE MINIMUM OF WHICH IS NOT MORE THAN THREE YEARS

WHERE THAT INMATE IS WITHIN TWO YEARS OF COMPLETING HIS MINIMUM

TERM, AND WHO HAS NOT REACHED 40 YEARS OF AGE AT THE TIME HE IS

APPROVED FOR PARTICIPATION IN THE MOTIVATIONAL BOOT CAMP

PROGRAM. THE TERM SHALL NOT INCLUDE ANY INMATE WHO IS SUBJECT TO

A SENTENCE THE CALCULATION OF WHICH INCLUDED AN ENHANCEMENT FOR

THE USE OF A DEADLY WEAPON AS DEFINED PURSUANT TO THE SENTENCING

GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON

SENTENCING, ANY INMATE WHO HAS BEEN CONVICTED OR ADJUDICATED

DELINQUENT OF ANY CRIME REQUIRING REGISTRATION UNDER 42 PA.C.S.

CH. 97 SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS)

OR ANY INMATE WITH A CURRENT CONVICTION OR A PRIOR CONVICTION

WITHIN THE PAST TEN YEARS FOR [ANY OF THE FOLLOWING OFFENSES:

18 PA.C.S. § 2502 (RELATING TO MURDER).

18 PA.C.S. § 2503 (RELATING TO VOLUNTARY MANSLAUGHTER).

18 PA.C.S. § 2506 (RELATING TO DRUG DELIVERY RESULTING IN

DEATH).

18 PA.C.S. § 2901(A) (RELATING TO KIDNAPPING).

18 PA.C.S. § 3301(A)(1)(I) (RELATING TO ARSON AND RELATED

20170HB0285PN4272 - 27 -

OFFENSES).

18 PA.C.S. § 3502 (RELATING TO BURGLARY) IN THE CASE OF

BURGLARY OF A STRUCTURE ADAPTED FOR OVERNIGHT ACCOMMODATION

IN WHICH AT THE TIME OF THE OFFENSE ANY PERSON IS PRESENT.

18 PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO

ROBBERY).

18 PA.C.S. § 3702 (RELATING TO ROBBERY OF MOTOR VEHICLE).

18 PA.C.S. § 7508 (A)(1)(III), (2)(III), (3)(III) OR (4)

(III) (RELATING TO DRUG TRAFFICKING SENTENCING AND

PENALTIES).] DRUG TRAFFICKING AS DEFINED IN SECTION 4103

(RELATING TO DEFINITIONS) OR A CRIME OF VIOLENCE AS DEFINED

IN 42 PA.C.S. § 9714(G) (RELATING TO SENTENCES FOR SECOND OR

SUBSEQUENT OFFENSES).

* * *

SECTION 8. SECTIONS 3904(B) AND 3905(E) OF TITLE 61 ARE

AMENDED TO READ:

§ 3904. SELECTION OF INMATE PARTICIPANTS.

* * *

(B) DUTIES OF SENTENCING JUDGE.--THE SENTENCING JUDGE SHALL

EMPLOY THE SENTENCING GUIDELINES TO IDENTIFY THOSE DEFENDANTS

WHO ARE ELIGIBLE FOR PARTICIPATION IN A MOTIVATIONAL BOOT CAMP.

THE JUDGE SHALL HAVE THE DISCRETION TO EXCLUDE A DEFENDANT FROM

ELIGIBILITY IF THE JUDGE DETERMINES THAT THE DEFENDANT WOULD BE

INAPPROPRIATE FOR PLACEMENT IN A MOTIVATIONAL BOOT CAMP. THE

JUDGE SHALL NOTE ON THE SENTENCING ORDER WHETHER THE DEFENDANT

HAS BEEN [IDENTIFIED AS ELIGIBLE] EXCLUDED FROM ELIGIBILITY FOR

A MOTIVATIONAL BOOT CAMP PROGRAM.

* * *

§ 3905. MOTIVATIONAL BOOT CAMP PROGRAM.

* * *

20170HB0285PN4272 - 28 -

[(E) EVALUATION.--THE DEPARTMENT AND THE COMMISSION SHALL

MONITOR AND EVALUATE THE MOTIVATIONAL BOOT CAMP PROGRAMS TO

ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. BOTH SHALL

PRESENT BIENNIAL REPORTS OF THE EVALUATIONS TO THE JUDICIARY

COMMITTEE OF THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE

OF REPRESENTATIVES NO LATER THAN FEBRUARY 1 IN ALTERNATE YEARS.]

SECTION 9. THE HEADING OF CHAPTER 41 OF TITLE 61 IS AMENDED

TO READ:

CHAPTER 41

STATE [INTERMEDIATE PUNISHMENT] DRUG TREATMENT PROGRAM

SECTION 10. SECTION 4101 OF TITLE 61 IS AMENDED TO READ:

§ 4101. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO THE STATE [INTERMEDIATE PUNISHMENT]

DRUG TREATMENT PROGRAM.

SECTION 11. THE DEFINITIONS OF "ELIGIBLE OFFENDER" AND

"PARTICIPANT" IN SECTION 4103 OF TITLE 61 ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING A DEFINITION TO READ:

§ 4103. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"DRUG TRAFFICKING." A VIOLATION OF SECTION 13(A)(14), (30)

OR (37) OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS

THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, WHERE

THE CONTROLLED SUBSTANCE IS:

(1) MARIJUANA, IF THE AMOUNT OF MARIJUANA INVOLVED IS AT

LEAST 50 POUNDS OR AT LEAST 51 LIVE PLANTS.

(2) A NARCOTIC DRUG CLASSIFIED IN SCHEDULE I OR SCHEDULE

II UNDER SECTION 4 OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE

20170HB0285PN4272 - 29 -

AND COSMETIC ACT, IF THE AGGREGATE WEIGHT OF THE COMPOUND OR

MIXTURE CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST 100

GRAMS.

(3) ANY OF THE FOLLOWING, IF THE AGGREGATE WEIGHT OF THE

COMPOUND OR MIXTURE OF THE SUBSTANCE INVOLVED IS AT LEAST 100

GRAMS:

(I) COCA LEAVES.

(II) A SALT, COMPOUND, DERIVATIVE OR PREPARATION OF

COCA LEAVES.

(III) A SALT, COMPOUND, DERIVATIVE OR PREPARATION

WHICH IS CHEMICALLY EQUIVALENT OR IDENTICAL WITH ANY OF

THE SUBSTANCES UNDER SUBPARAGRAPHS (I) AND (II).

(IV) A MIXTURE CONTAINING ANY OF THE SUBSTANCES

UNDER SUBPARAGRAPHS (I) AND (II), EXCEPT DECOCAINIZED

COCA LEAVES OR EXTRACTS OF COCA LEAVES WHICH DO NOT

CONTAIN COCAINE OR ECGONINE.

(4) ANY OF THE FOLLOWING, IF THE AGGREGATE WEIGHT OF THE

COMPOUND OR MIXTURE OF THE SUBSTANCE INVOLVED IS AT LEAST 100

GRAMS:

(I) METHAMPHETAMINE.

(II) PHENCYCLIDINE.

(III) A SALT, ISOMER OR SALT OF AN ISOMER OF

METHAMPHETAMINE OR PHENCYCLIDINE.

(IV) A MIXTURE CONTAINING:

(A) METHAMPHETAMINE OR PHENCYCLIDINE.

(B) A SALT OF METHAMPHETAMINE OR PHENCYCLIDINE.

PHENCYCLIDINE.

(D) A SALT OF AN ISOMER OF METHAMPHETAMINE OR

PHENCYCLIDINE.

20170HB0285PN4272 - 30 -

"ELIGIBLE [OFFENDER." SUBJECT TO 42 PA.C.S. § 9721(A.1)

(RELATING TO SENTENCING GENERALLY), A DEFENDANT] PERSON."

(1) A PERSON WHO HAS NOT BEEN DESIGNATED BY THE

SENTENCING COURT AS INELIGIBLE AND IS A PERSON CONVICTED OF A

DRUG-RELATED OFFENSE WHO:

[(1)] (I) HAS UNDERGONE AN ASSESSMENT PERFORMED BY

THE DEPARTMENT OF CORRECTIONS, WHICH ASSESSMENT HAS

CONCLUDED THAT THE [DEFENDANT] PERSON IS IN NEED OF DRUG

AND ALCOHOL ADDICTION TREATMENT AND WOULD BENEFIT FROM

COMMITMENT TO [A DRUG OFFENDER] THE STATE DRUG TREATMENT

PROGRAM AND THAT PLACEMENT IN [A DRUG OFFENDER] THE STATE

DRUG TREATMENT PROGRAM WOULD BE APPROPRIATE.

[(2)] (II) DOES NOT DEMONSTRATE A HISTORY OF PRESENT

OR PAST VIOLENT BEHAVIOR.

[(3) WOULD BE PLACED IN THE CUSTODY OF THE

DEPARTMENT IF NOT SENTENCED TO STATE INTERMEDIATE

PUNISHMENT.] (III) IS A PERSON SENTENCED TO A TERM OF

CONFINEMENT UNDER THE JURISDICTION OF THE DEPARTMENT, THE

MINIMUM OF WHICH IS NOT MORE THAN TWO YEARS, OR A PERSON

WHO IS SERVING A TERM OF CONFINEMENT, THE MINIMUM OF

WHICH IS NOT MORE THAN FIVE YEARS WHERE THE PERSON IS

WITHIN TWO YEARS OF COMPLETING THE PERSON'S MINIMUM TERM.

[(4)] (IV) PROVIDES WRITTEN CONSENT PERMITTING

RELEASE OF INFORMATION PERTAINING TO THE [DEFENDANT'S]

PERSON'S PARTICIPATION IN [A DRUG OFFENDER] THE STATE

DRUG TREATMENT PROGRAM.

(2) THE TERM SHALL NOT INCLUDE A [DEFENDANT] PERSON WHO

IS SUBJECT TO A SENTENCE THE CALCULATION OF WHICH INCLUDES AN

ENHANCEMENT FOR THE USE OF A DEADLY WEAPON, AS DEFINED

PURSUANT TO LAW OR THE SENTENCING GUIDELINES PROMULGATED BY

20170HB0285PN4272 - 31 -

THE PENNSYLVANIA COMMISSION ON SENTENCING, A [DEFENDANT]

PERSON WHO HAS BEEN CONVICTED OR ADJUDICATED DELINQUENT OF

ANY CRIME REQUIRING REGISTRATION UNDER 42 PA.C.S. CH. 97

SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR A

[DEFENDANT] PERSON WITH A CURRENT CONVICTION OR A PRIOR

CONVICTION WITHIN THE PAST TEN YEARS FOR [ANY OF THE

FOLLOWING OFFENSES:

18 PA.C.S. § 2502 (RELATING TO MURDER).

18 PA.C.S. § 2503 (RELATING TO VOLUNTARY MANSLAUGHTER).

18 PA.C.S. § 2506 (RELATING TO DRUG DELIVERY RESULTING IN

DEATH).

18 PA.C.S. § 2901(A) (RELATING TO KIDNAPPING).

18 PA.C.S. § 3301(A)(1)(I) (RELATING TO ARSON AND RELATED

OFFENSES).

18 PA.C.S. § 3502 (RELATING TO BURGLARY), IN THE CASE OF

BURGLARY OF A STRUCTURE ADAPTED FOR OVERNIGHT ACCOMMODATION

IN WHICH AT THE TIME OF THE OFFENSE ANY PERSON IS PRESENT.

18 PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO

ROBBERY).

18 PA.C.S. § 3702 (RELATING TO ROBBERY OF MOTOR VEHICLE).

18 PA.C.S. § 7508 (A)(1)(III), (2)(III), (3)(III) OR (4)

(III) (RELATING TO DRUG TRAFFICKING SENTENCING AND

PENALTIES).] DRUG TRAFFICKING AS DEFINED IN 42 PA.C.S. § 4103

(RELATING TO DEFINITIONS) OR A CRIME OF VIOLENCE AS DEFINED

IN 42 PA.C.S. § 9714(G) (RELATING TO SENTENCES FOR SECOND OR

SUBSEQUENT OFFENSES).

* * *

"PARTICIPANT." AN ELIGIBLE [OFFENDER ACTUALLY SENTENCED TO

STATE INTERMEDIATE PUNISHMENT PURSUANT TO 42 PA.C.S. § 9721(A)

(7) (RELATING TO SENTENCING GENERALLY).] PERSON PLACED IN THE

20170HB0285PN4272 - 32 -

STATE DRUG TREATMENT PROGRAM.

* * *

SECTION 12. SECTIONS 4104, 4105 AND 4107 OF TITLE 61 ARE

AMENDED TO READ:

§ 4104. [REFERRAL TO STATE INTERMEDIATE PUNISHMENT] SELECTION

FOR THE STATE DRUG TREATMENT PROGRAM.

(A) [REFERRAL FOR EVALUATION.--

(1) PRIOR TO IMPOSING A SENTENCE, THE COURT MAY, UPON

MOTION OF THE COMMONWEALTH, COMMIT A DEFENDANT TO THE CUSTODY

OF THE DEPARTMENT FOR THE PURPOSE OF EVALUATING WHETHER THE

DEFENDANT WOULD BENEFIT FROM A DRUG OFFENDER TREATMENT

PROGRAM AND WHETHER PLACEMENT IN THE DRUG OFFENDER TREATMENT

PROGRAM IS APPROPRIATE.

(1.1)] DUTIES OF COMMISSION AND SENTENCING JUDGE.--

(1) THROUGH THE USE OF SENTENCING GUIDELINES, THE

COMMISSION SHALL EMPLOY THE TERM "ELIGIBLE PERSON" AS DEFINED

IN THIS CHAPTER TO FURTHER IDENTIFY PERSONS WHO WOULD BE

POTENTIALLY APPROPRIATE FOR PARTICIPATION IN THE STATE DRUG

TREATMENT PROGRAM. THE SENTENCING JUDGE SHALL EMPLOY THE

SENTENCING GUIDELINES TO IDENTIFY PERSONS WHO ARE ELIGIBLE

FOR PARTICIPATION IN THE STATE DRUG TREATMENT PROGRAM. THE

JUDGE SHALL CONSIDER THE POSITION OF A VICTIM OF THE CRIME,

AS ADVISED BY THE PROSECUTING ATTORNEY, ON WHETHER TO EXCLUDE

THE PERSON FROM ELIGIBILITY FOR PLACEMENT IN THE STATE DRUG

TREATMENT PROGRAM. THE JUDGE SHALL EXCLUDE THE PERSON FROM

ELIGIBILITY IF THE PROSECUTING ATTORNEY OPPOSES ELIGIBILITY.

THE JUDGE SHALL NOTE ON THE SENTENCING ORDER IF A PERSON HAS

BEEN EXCLUDED FROM ELIGIBILITY FOR THE STATE DRUG TREATMENT

PROGRAM. IF THE PERSON IS NOT EXCLUDED FROM ELIGIBILITY, THE

MINIMUM SENTENCE IMPOSED SHALL OPERATE AS THE MINIMUM FOR

20170HB0285PN4272 - 33 -

PAROLE ELIGIBILITY PURPOSES IF THE PERSON IS NOT PLACED IN

THE PROGRAM BY THE DEPARTMENT UNDER SUBSECTION (C) OR IF THE

PERSON IS EXPELLED FROM THE PROGRAM UNDER SECTION 4105(F)

(RELATING TO STATE DRUG TREATMENT PROGRAM).

(2) (I) THE PROSECUTING ATTORNEY SHALL ADVISE THE COURT

IF THE PROSECUTING ATTORNEY OR A VICTIM OF THE CRIME OPPOSES

ELIGIBILITY AND, IN THE PROSECUTING ATTORNEY'S SOLE

DISCRETION, MAY ADVISE THE COURT THAT THE COMMONWEALTH HAS

ELECTED TO WAIVE THE ELIGIBILITY REQUIREMENTS OF THIS CHAPTER

IF THE VICTIM HAS BEEN GIVEN NOTICE OF THE PROSECUTING

ATTORNEY'S INTENT TO WAIVE THE ELIGIBILITY REQUIREMENTS AND

AN OPPORTUNITY TO BE HEARD ON THE ISSUE.

(II) THE COURT, AFTER CONSIDERING VICTIM INPUT, MAY

REFUSE TO ACCEPT THE PROSECUTING ATTORNEY'S WAIVER OF THE

ELIGIBILITY REQUIREMENTS.

[(2) UPON COMMITTING A DEFENDANT TO THE DEPARTMENT, THE

COURT SHALL FORWARD TO THE DEPARTMENT:

(I) A SUMMARY OF THE OFFENSE FOR WHICH THE DEFENDANT

HAS BEEN CONVICTED.

(II) INFORMATION RELATING TO THE DEFENDANT'S HISTORY

OF DELINQUENCY OR CRIMINALITY, INCLUDING THE INFORMATION

MAINTAINED BY THE COURT UNDER 42 PA.C.S. CH. 63 (RELATING

TO JUVENILE MATTERS), WHEN AVAILABLE.

(III) INFORMATION RELATING TO THE DEFENDANT'S

HISTORY OF DRUG OR ALCOHOL ABUSE OR ADDICTION, WHEN

AVAILABLE.

(IV) A PRESENTENCE INVESTIGATION REPORT, WHEN

AVAILABLE.

(V) ANY OTHER INFORMATION THE COURT DEEMS RELEVANT

TO ASSIST THE DEPARTMENT WITH ITS ASSESSMENT OF THE

20170HB0285PN4272 - 34 -

DEFENDANT.]

(B) ASSESSMENT OF [ADDICTION.--

(1) THE] ADDICTION.--THE DEPARTMENT SHALL CONDUCT AN

ASSESSMENT OF THE ADDICTION AND OTHER TREATMENT NEEDS OF [A

DEFENDANT] AN ELIGIBLE PERSON AND DETERMINE WHETHER THE

[DEFENDANT] PERSON WOULD BENEFIT FROM [A DRUG OFFENDER] THE

STATE DRUG TREATMENT PROGRAM. THE ASSESSMENT SHALL BE

CONDUCTED USING A NATIONALLY RECOGNIZED ASSESSMENT INSTRUMENT

OR AN INSTRUMENT THAT HAS BEEN NORMED AND VALIDATED ON THE

DEPARTMENT'S INMATE POPULATION BY A RECOGNIZED EXPERT IN SUCH

MATTERS. THE ASSESSMENT INSTRUMENT SHALL BE ADMINISTERED BY

PERSONS SKILLED IN THE TREATMENT OF DRUG AND ALCOHOL

ADDICTION AND TRAINED TO CONDUCT ASSESSMENTS. THE ASSESSMENTS

SHALL BE REVIEWED AND APPROVED BY A SUPERVISOR WITH AT LEAST

THREE YEARS OF EXPERIENCE PROVIDING DRUG AND ALCOHOL

COUNSELING SERVICES.

[(2) THE DEPARTMENT SHALL CONDUCT RISK AND OTHER

ASSESSMENTS IT DEEMS APPROPRIATE AND SHALL PROVIDE A REPORT

OF ITS ASSESSMENTS TO THE COURT, THE DEFENDANT, THE ATTORNEY

FOR THE COMMONWEALTH AND THE COMMISSION WITHIN 60 DAYS OF THE

COURT'S COMMITMENT OF THE DEFENDANT TO THE CUSTODY OF THE

DEPARTMENT.]

TREATMENT PROGRAM.--IF THE DEPARTMENT IN ITS DISCRETION BELIEVES

[A DEFENDANT] AN ELIGIBLE PERSON WOULD BENEFIT FROM [A DRUG

OFFENDER] THE STATE DRUG TREATMENT PROGRAM AND PLACEMENT IN THE

[DRUG OFFENDER TREATMENT] PROGRAM IS APPROPRIATE, THE DEPARTMENT

SHALL [PROVIDE] MAKE THE PLACEMENT AND NOTIFY THE COURT, COUNSEL

FOR THE DEFENDANT[,] AND THE ATTORNEY FOR THE COMMONWEALTH [AND

THE COMMISSION WITH A PROPOSED DRUG OFFENDER TREATMENT PROGRAM

20170HB0285PN4272 - 35 -

DETAILING THE TYPE OF TREATMENT PROPOSED] OF THE PLACEMENT.

[(D) PREREQUISITES FOR COMMITMENT.--UPON RECEIPT OF A

RECOMMENDATION FOR PLACEMENT IN A DRUG OFFENDER TREATMENT

PROGRAM FROM THE DEPARTMENT AND AGREEMENT OF THE ATTORNEY FOR

THE COMMONWEALTH, THE COURT MAY SENTENCE AN ELIGIBLE OFFENDER TO

A PERIOD OF 24 MONTHS OF STATE INTERMEDIATE PUNISHMENT IF THE

COURT FINDS THAT:

(1) THE ELIGIBLE OFFENDER IS LIKELY TO BENEFIT FROM

STATE INTERMEDIATE PUNISHMENT.

(2) PUBLIC SAFETY WOULD BE ENHANCED BY THE ELIGIBLE

OFFENDER'S PARTICIPATION IN STATE INTERMEDIATE PUNISHMENT.

(3) SENTENCING THE ELIGIBLE OFFENDER TO STATE

INTERMEDIATE PUNISHMENT WOULD NOT DEPRECIATE THE SERIOUSNESS

OF THE OFFENSE.

(E) RESENTENCING.--THE DEPARTMENT MAY MAKE A WRITTEN REQUEST

TO THE SENTENCING COURT THAT AN OFFENDER WHO IS OTHERWISE

ELIGIBLE BUT HAS NOT BEEN REFERRED FOR EVALUATION OR ORIGINALLY

SENTENCED TO STATE INTERMEDIATE PUNISHMENT BE SENTENCED TO STATE

INTERMEDIATE PUNISHMENT. THE COURT MAY RESENTENCE THE OFFENDER

TO STATE INTERMEDIATE PUNISHMENT IF ALL OF THE FOLLOWING APPLY:

(1) THE DEPARTMENT HAS RECOMMENDED PLACEMENT IN A DRUG

OFFENDER TREATMENT PROGRAM.

(2) THE ATTORNEY FOR THE COMMONWEALTH AND THE OFFENDER

HAVE AGREED TO THE PLACEMENT AND MODIFICATION OF SENTENCE.

(3) THE COURT MAKES THE FINDINGS SET FORTH UNDER

SUBSECTION (D).

(4) THE RESENTENCING HAS OCCURRED WITHIN 365 DAYS OF THE

DATE OF THE DEFENDANT'S ADMISSION TO THE CUSTODY OF THE

DEPARTMENT.

(5) THE COURT HAS OTHERWISE COMPLIED WITH ALL OTHER

20170HB0285PN4272 - 36 -

REQUIREMENTS FOR THE IMPOSITION OF SENTENCE INCLUDING VICTIM

NOTIFICATION UNDER THE ACT OF NOVEMBER 24, 1998 (P.L.882,

NO.111), KNOWN AS THE CRIME VICTIMS ACT.]

(F) CONSECUTIVE PROBATION.--NOTHING IN THIS CHAPTER SHALL

PROHIBIT THE COURT FROM SENTENCING AN ELIGIBLE [OFFENDER] PERSON

TO A CONSECUTIVE PERIOD OF PROBATION. THE TOTAL DURATION OF THE

SENTENCE MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE ELIGIBLE

[OFFENDER] PERSON COULD OTHERWISE BE SENTENCED.

[(G) APPLICABILITY AND PROGRAM LIMITATIONS.--THE COURT MAY

NOT MODIFY OR ALTER THE TERMS OF THE DEPARTMENT'S PROPOSED

INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN WITHOUT THE

AGREEMENT OF THE DEPARTMENT AND THE ATTORNEY FOR THE

COMMONWEALTH.

(H) VIDEOCONFERENCING.--THE DEPARTMENT SHALL MAKE

VIDEOCONFERENCING FACILITIES AVAILABLE TO ALLOW THE COURT TO

CONDUCT PROCEEDINGS NECESSARY UNDER THIS SECTION WHEN THE

ELIGIBLE OFFENDER HAS BEEN COMMITTED TO THE CUSTODY OF THE

DEPARTMENT PURSUANT TO SUBSECTION (B).

(I) VICTIMS.--VICTIMS OF PERSONAL INJURY CRIMES SHALL BE

GIVEN THE OPPORTUNITY TO RECEIVE NOTICE OF AND TO PROVIDE PRIOR

COMMENT ON ANY RECOMMENDATION BY THE DEPARTMENT UNDER SUBSECTION

(B) OR (D) THAT THE OFFENDER PARTICIPATE IN THE STATE

INTERMEDIATE PUNISHMENT PROGRAM.

(J) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM

"PERSONAL INJURY CRIME" SHALL BE DEFINED AS IN SECTION 103 OF

THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE

CRIME VICTIMS ACT.]

§ 4105. [DRUG OFFENDER] STATE DRUG TREATMENT PROGRAM.

(A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND

ADMINISTER [A DRUG OFFENDER] THE STATE DRUG TREATMENT PROGRAM

20170HB0285PN4272 - 37 -

[AS A STATE INTERMEDIATE PUNISHMENT]. THE PROGRAM SHALL BE

DESIGNED TO ADDRESS THE INDIVIDUALLY ASSESSED DRUG AND ALCOHOL

ABUSE AND ADDICTION NEEDS OF A PARTICIPANT AND SHALL ADDRESS

OTHER ISSUES ESSENTIAL TO THE PARTICIPANT'S SUCCESSFUL

REINTEGRATION INTO THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO,

EDUCATIONAL AND EMPLOYMENT ISSUES.

(B) DURATION AND COMPONENTS.--NOTWITHSTANDING ANY CREDIT TO

WHICH THE DEFENDANT MAY BE ENTITLED UNDER 42 PA.C.S. § 9760

(RELATING TO CREDIT FOR TIME SERVED), THE DURATION OF THE STATE

DRUG [OFFENDER] TREATMENT PROGRAM [SHALL BE] IS 24 MONTHS [AND],

BUT IF THE PARTICIPANT IS UNABLE TO COMPLETE THE PROGRAM WITHIN

24 MONTHS AND IS OTHERWISE COMPLIANT WITH THE PROGRAM, SUBJECT

TO THE DISCRETION OF THE DEPARTMENT, THE PROGRAM DURATION MAY BE

EXTENDED UP TO 30 MONTHS TOTAL IN ORDER FOR THE PARTICIPANT TO

SUCCESSFULLY COMPLETE THE PROGRAM. THE PROGRAM SHALL INCLUDE THE

FOLLOWING:

(1) A PERIOD IN A STATE CORRECTIONAL INSTITUTION OF NOT

LESS THAN SEVEN MONTHS. THIS PERIOD SHALL INCLUDE:

(I) THE TIME DURING WHICH THE [DEFENDANTS ARE]

ELIGIBLE PERSON IS BEING EVALUATED BY THE DEPARTMENT

UNDER SECTION 4104(B) (RELATING TO [REFERRAL TO STATE

INTERMEDIATE PUNISHMENT] SELECTION FOR THE STATE DRUG

TREATMENT PROGRAM).

(II) FOLLOWING EVALUATION UNDER SUBPARAGRAPH (I),

NOT LESS THAN FOUR MONTHS SHALL BE IN AN INSTITUTIONAL

THERAPEUTIC COMMUNITY.

(2) A PERIOD OF TREATMENT IN A COMMUNITY-BASED

THERAPEUTIC COMMUNITY OF AT LEAST TWO MONTHS.

(3) A PERIOD OF AT LEAST SIX-MONTHS' TREATMENT THROUGH

AN OUTPATIENT ADDICTION TREATMENT FACILITY. DURING THE

20170HB0285PN4272 - 38 -

OUTPATIENT ADDICTION TREATMENT PERIOD OF THE [DRUG OFFENDER

TREATMENT] PROGRAM, THE PARTICIPANT MAY BE HOUSED IN A

COMMUNITY CORRECTIONS CENTER OR GROUP HOME OR PLACED IN AN

APPROVED TRANSITIONAL RESIDENCE. THE PARTICIPANT MUST COMPLY

WITH ANY CONDITIONS ESTABLISHED BY THE DEPARTMENT REGARDLESS

OF WHERE THE PARTICIPANT RESIDES DURING THE OUTPATIENT

ADDICTION TREATMENT PORTION OF THE [DRUG OFFENDER TREATMENT]

PROGRAM.

(4) A PERIOD OF SUPERVISED REINTEGRATION INTO THE

COMMUNITY FOR THE BALANCE OF THE [DRUG OFFENDER TREATMENT]

PROGRAM, DURING WHICH THE PARTICIPANT SHALL CONTINUE TO BE

SUPERVISED BY THE DEPARTMENT AND COMPLY WITH ANY CONDITIONS

IMPOSED BY THE DEPARTMENT.

(5) UPON CERTIFICATION BY THE DEPARTMENT OF THE

PARTICIPANT'S SUCCESSFUL COMPLETION OF THE PROGRAM, THE

ENTIRE TERM OF CONFINEMENT THAT RENDERED THE PARTICIPANT

ELIGIBLE TO PARTICIPATE IN THE STATE DRUG TREATMENT PROGRAM

SHALL BE DEEMED TO HAVE BEEN SERVED.

(1) CONSISTENT WITH THE MINIMUM TIME REQUIREMENTS SET

FORTH IN SUBSECTION (B), THE DEPARTMENT MAY TRANSFER, AT ITS

DISCRETION, A PARTICIPANT BETWEEN A STATE CORRECTIONAL

INSTITUTION, AN INSTITUTIONAL THERAPEUTIC COMMUNITY, A

COMMUNITY-BASED THERAPEUTIC COMMUNITY, AN OUTPATIENT

ADDICTION TREATMENT PROGRAM AND AN APPROVED TRANSITIONAL

RESIDENCE. THE DEPARTMENT MAY ALSO TRANSFER A PARTICIPANT

BACK AND FORTH BETWEEN LESS RESTRICTIVE AND MORE RESTRICTIVE

SETTINGS BASED UPON THE PARTICIPANT'S PROGRESS OR REGRESSION

IN TREATMENT OR FOR MEDICAL, DISCIPLINARY OR OTHER

ADMINISTRATIVE REASONS.

20170HB0285PN4272 - 39 -

(2) THIS SUBSECTION SHALL BE CONSTRUED TO PROVIDE THE

DEPARTMENT WITH THE MAXIMUM FLEXIBILITY TO ADMINISTER THE

STATE DRUG [OFFENDER] TREATMENT PROGRAM BOTH AS A WHOLE AND

FOR INDIVIDUAL PARTICIPANTS.

(D) RIGHT OF REFUSAL TO ADMIT.--THE ADMINISTRATOR OF A

COMMUNITY-BASED THERAPEUTIC COMMUNITY OR OUTPATIENT ADDICTION

TREATMENT FACILITY MAY REFUSE TO ACCEPT A PARTICIPANT WHOM THE

ADMINISTRATOR DEEMS TO BE INAPPROPRIATE FOR ADMISSION AND MAY

IMMEDIATELY DISCHARGE TO THE CUSTODY OF THE DEPARTMENT ANY

PARTICIPANT WHO FAILS TO COMPLY WITH FACILITY RULES AND

TREATMENT EXPECTATIONS OR REFUSES TO CONSTRUCTIVELY ENGAGE IN

THE TREATMENT PROCESS.

(E) NOTICE TO COURT OF COMPLETION OF PROGRAM.--WHEN THE

DEPARTMENT DETERMINES THAT A PARTICIPANT HAS SUCCESSFULLY

COMPLETED THE STATE DRUG [OFFENDER] TREATMENT PROGRAM, IT SHALL

NOTIFY THE SENTENCING COURT, THE ATTORNEY FOR THE COMMONWEALTH

AND THE COMMISSION.

(F) EXPULSION FROM PROGRAM.--

(1) A PARTICIPANT MAY BE EXPELLED FROM THE STATE DRUG

[OFFENDER] TREATMENT PROGRAM AT ANY TIME IN ACCORDANCE WITH

GUIDELINES ESTABLISHED BY THE DEPARTMENT, INCLUDING FAILURE

TO COMPLY WITH ADMINISTRATIVE OR DISCIPLINARY PROCEDURES OR

REQUIREMENTS SET FORTH BY THE DEPARTMENT. AN EXPELLED

PARTICIPANT SHALL BE HOUSED IN A STATE CORRECTIONAL

INSTITUTION TO SERVE THE REMAINDER OF THE PARTICIPANT'S

SENTENCE. THE EXPELLED PARTICIPANT SHALL BE ELIGIBLE FOR

PAROLE AT THE MINIMUM SENTENCE BUT MAY NOT BE ELIGIBLE FOR

SHORT SENTENCE PAROLE UNDER SECTION 6137.5 (RELATING TO SHORT

SENTENCE PAROLE).

(2) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE COURT, THE

20170HB0285PN4272 - 40 -

[DEFENDANT] PARTICIPANT, THE ATTORNEY FOR THE COMMONWEALTH

AND THE COMMISSION OF THE EXPULSION OF A PARTICIPANT FROM THE

STATE DRUG [OFFENDER] TREATMENT PROGRAM AND THE REASON FOR

SUCH EXPULSION. [THE PARTICIPANT SHALL BE HOUSED IN A STATE

CORRECTIONAL INSTITUTION OR COUNTY JAIL PENDING ACTION BY THE

COURT.

(3) THE COURT SHALL SCHEDULE A PROMPT STATE INTERMEDIATE

PUNISHMENT REVOCATION HEARING PURSUANT TO 42 PA.C.S. § 9774

(RELATING TO REVOCATION OF STATE INTERMEDIATE PUNISHMENT

SENTENCE).]

§ 4107. [REPORTS] EVALUATION.

[(A) FINAL REPORT.--THE DEPARTMENT SHALL PROVIDE A FINAL

REPORT TO THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE

COMMONWEALTH AND THE COMMISSION ON A PARTICIPANT'S PROGRESS IN

THE DRUG OFFENDER TREATMENT PROGRAM.]

(B) EVALUATION AND REPORT TO GENERAL ASSEMBLY.--THE

DEPARTMENT [AND THE COMMISSION] SHALL MONITOR AND EVALUATE THE

STATE DRUG [OFFENDER] TREATMENT PROGRAM TO ENSURE THAT THE

PROGRAMMATIC OBJECTIVES ARE MET. [IN ODD-NUMBERED YEARS, THE]

EVERY THREE YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF ITS

EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE

JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER

THAN FEBRUARY 1. [IN EVEN-NUMBERED YEARS, THE COMMISSION SHALL

PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF

THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES NO LATER THAN FEBRUARY 1.] THE GENERAL ASSEMBLY

SHALL CONVENE HEARINGS IN THE APPROPRIATE COMMITTEES TO HEAR AND

DELIBERATE UPON REPORTS UNDER THIS SECTION. THE REPORT SHALL

INCLUDE:

(1) THE NUMBER OF [OFFENDERS] PERSONS EVALUATED FOR THE

20170HB0285PN4272 - 41 -

STATE DRUG [OFFENDER] TREATMENT PROGRAM.

(2) THE NUMBER OF [OFFENDERS SENTENCED TO] PERSONS

PLACED INTO THE STATE DRUG [OFFENDER] TREATMENT PROGRAM.

(3) THE NUMBER OF [OFFENDERS] PERSONS SENTENCED TO A

STATE CORRECTIONAL INSTITUTION WHO MAY HAVE BEEN ELIGIBLE FOR

THE STATE DRUG [OFFENDER] TREATMENT PROGRAM.

(4) THE NUMBER OF [OFFENDERS] PERSONS SUCCESSFULLY

COMPLETING THE STATE DRUG [OFFENDER] TREATMENT PROGRAM.

(5) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-YEAR

RECIDIVISM RATES FOR [OFFENDERS] PERSONS WHO HAVE COMPLETED

THE STATE DRUG [OFFENDER] TREATMENT PROGRAM AND FOR A

COMPARISON GROUP OF [OFFENDERS] PERSONS WHO WERE NOT PLACED

IN THE STATE DRUG [OFFENDER] TREATMENT PROGRAM.

(6) ANY CHANGES THE DEPARTMENT [OR THE COMMISSION]

BELIEVES WILL MAKE THE STATE DRUG [OFFENDER] TREATMENT

PROGRAM MORE EFFECTIVE.

SECTION 13. THE DEFINITION OF "ELIGIBLE OFFENDER" IN SECTION

4503 OF TITLE 61 IS AMENDED TO READ:

§ 4503. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"ELIGIBLE [OFFENDER] PERSON." A DEFENDANT OR INMATE

CONVICTED OF A CRIMINAL OFFENSE WHO WILL BE COMMITTED TO THE

CUSTODY OF THE DEPARTMENT AND WHO MEETS ALL OF THE FOLLOWING

ELIGIBILITY REQUIREMENTS:

(1) DOES NOT DEMONSTRATE A HISTORY OF PRESENT OR PAST

VIOLENT BEHAVIOR.

(2) HAS NOT BEEN SUBJECT TO A SENTENCE THE CALCULATION

20170HB0285PN4272 - 42 -

OF WHICH INCLUDES AN ENHANCEMENT FOR THE USE OF A DEADLY

WEAPON AS DEFINED UNDER LAW OR THE SENTENCING GUIDELINES

PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING OR

THE ATTORNEY FOR THE COMMONWEALTH HAS NOT DEMONSTRATED THAT

THE DEFENDANT HAS BEEN FOUND GUILTY OF OR WAS CONVICTED OF AN

OFFENSE INVOLVING A DEADLY WEAPON OR OFFENSE UNDER 18 PA.C.S.

CH. 61 (RELATING TO FIREARMS AND OTHER DANGEROUS ARTICLES) OR

THE EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED STATES OR

ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE

DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A

FOREIGN NATION.

(3) HAS NOT BEEN FOUND GUILTY OF OR PREVIOUSLY CONVICTED

OF OR ADJUDICATED DELINQUENT FOR OR AN ATTEMPT OR CONSPIRACY

TO COMMIT A PERSONAL INJURY CRIME AS DEFINED UNDER SECTION

103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN

AS THE CRIME VICTIMS ACT, EXCEPT FOR AN OFFENSE UNDER 18

PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT) WHEN THE OFFENSE

IS A MISDEMEANOR OF THE THIRD DEGREE, OR AN EQUIVALENT

OFFENSE UNDER THE LAWS OF THE UNITED STATES OR ONE OF ITS

TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF

COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN

NATION.

(4) HAS NOT BEEN FOUND GUILTY OR PREVIOUSLY CONVICTED OR

ADJUDICATED DELINQUENT FOR VIOLATING ANY OF THE FOLLOWING

PROVISIONS OR AN EQUIVALENT OFFENSE UNDER THE LAWS OF THE

UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS,

ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF

PUERTO RICO OR A FOREIGN NATION:

18 PA.C.S. § 4302(A) (RELATING TO INCEST).

18 PA.C.S. § 5901 (RELATING TO OPEN LEWDNESS).

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18 PA.C.S. CH. 76 SUBCH. C (RELATING TO INTERNET

CHILD PORNOGRAPHY).

RECEIVED A CRIMINAL SENTENCE PURSUANT TO 42 PA.C.S. §

9712.1 (RELATING TO SENTENCES FOR CERTAIN DRUG OFFENSES

COMMITTED WITH FIREARMS).

ANY OFFENSE FOR WHICH REGISTRATION IS REQUIRED UNDER

42 PA.C.S. CH. 97 SUBCH. H (RELATING TO REGISTRATION OF

SEXUAL OFFENDERS).

DRUG TRAFFICKING AS DEFINED IN SECTION 4103 (RELATING

TO DEFINITIONS).

(5) IS NOT AWAITING TRIAL OR SENTENCING FOR ADDITIONAL

CRIMINAL CHARGES, IF A CONVICTION OR SENTENCE ON THE

ADDITIONAL CHARGES WOULD CAUSE THE DEFENDANT TO BECOME

INELIGIBLE UNDER THIS DEFINITION.

[(6) HAS NOT BEEN FOUND GUILTY OR PREVIOUSLY CONVICTED

OF VIOLATING SECTION 13(A)(14), (30) OR (37) OF THE ACT OF

APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, WHERE THE SENTENCE

WAS IMPOSED PURSUANT TO 18 PA.C.S. § 7508(A)(1)(III), (2)

(III), (3)(III), (4)(III), (7)(III) OR (8)(III) (RELATING TO

DRUG TRAFFICKING SENTENCING AND PENALTIES).]

* * *

SECTION 14. SECTIONS 4509 AND 4510 OF TITLE 61 ARE REPEALED:

[§ 4509. EVALUATION.

(A) GENERAL RULE.--THE DEPARTMENT, THE BOARD AND THE

COMMISSION SHALL MONITOR AND EVALUATE THE RECIDIVISM RISK

REDUCTION INCENTIVE PROGRAMS. EVALUATIONS UNDER THIS SECTION

SHOULD BE SCIENTIFICALLY RIGOROUS AND SEEK TO DETERMINE THE

EFFECTIVENESS OF THE PROGRAMS, INCLUDING WHETHER SPECIFIC

RECIDIVISM RISK REDUCTION INCENTIVE PROGRAMS HAVE REDUCED THE

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RECIDIVISM RATES OF THE PROGRAM PARTICIPANTS AS COMPARED TO

PREVIOUSLY INCARCERATED AND SIMILARLY SITUATED INMATES.

(B) PUBLICATION.--THE DEPARTMENT, THE BOARD AND THE

COMMISSION SHALL MAKE EVALUATIONS CONDUCTED UNDER THIS SECTION

AND UNDERLYING DATA AVAILABLE TO THE PUBLIC. THE PUBLICLY

AVAILABLE DATA AND EVALUATIONS SHALL COMPLY WITH GENERALLY

ACCEPTED PRACTICES OF THE RESEARCH COMMUNITY, INCLUDING

EXPECTATIONS RELATING TO SUBJECT PRIVACY AND IDENTIFYING

INFORMATION.

§ 4510. REPORTS.

(A) RECIDIVISM RISK REDUCTION.--THE DEPARTMENT, THE BOARD

AND THE COMMISSION SHALL MONITOR AND EVALUATE THE RECIDIVISM

RISK REDUCTION INCENTIVE PROGRAMS TO ENSURE THAT THE GOALS AND

OBJECTIVES OF THIS CHAPTER ARE MET AND SHALL REPORT TO THE

GENERAL ASSEMBLY AS FOLLOWS:

(1) IN EVEN-NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT

A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF THE

SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES NO LATER THAN FEBRUARY 1. THE REPORT SHALL

INCLUDE ALL OF THE FOLLOWING:

(I) THE NUMBER OF INMATES DETERMINED BY THE

DEPARTMENT TO BE ELIGIBLE OFFENDERS UNDER THIS CHAPTER

AND THE OFFENSES FOR WHICH THE ELIGIBLE OFFENDERS WERE

COMMITTED TO THE CUSTODY OF THE DEPARTMENT.

(II) THE NUMBER OF INMATES COMMITTED TO THE CUSTODY

OF THE DEPARTMENT WHO WERE SUBJECT TO A RECIDIVISM RISK

REDUCTION INCENTIVE MINIMUM SENTENCE.

(III) THE NUMBER OF INMATES PAROLED AT THE

RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM DATE.

(IV) ANY POTENTIAL CHANGES THAT WOULD MAKE THE

20170HB0285PN4272 - 45 -

PROGRAM MORE EFFECTIVE.

(V) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-

YEAR RECIDIVISM RATES FOR INMATES RELEASED AT THE

RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM SENTENCE.

(VI) ANY OTHER INFORMATION THE DEPARTMENT DEEMS

RELEVANT.

(2) IN ODD-NUMBERED YEARS, THE COMMISSION SHALL PRESENT

A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF THE

SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES NO LATER THAN FEBRUARY 1. THE REPORT SHALL

INCLUDE ALL OF THE FOLLOWING:

(I) WHETHER THE GOALS OF THIS CHAPTER COULD BE

ACHIEVED THROUGH AMENDMENTS TO PAROLE OR SENTENCING

GUIDELINES.

(II) THE VARIOUS OPTIONS FOR PAROLE OR SENTENCING

GUIDELINES UNDER SUBPARAGRAPH (I).

(III) THE STATUS OF ANY PROPOSED OR IMPLEMENTED

GUIDELINES DESIGNED TO IMPLEMENT THE PROVISIONS OF THIS

CHAPTER.

(IV) ANY POTENTIAL CHANGES TO THE PROGRAM THAT WOULD

BE LIKELY TO REDUCE THE RISK OF RECIDIVISM OF INMATES AND

IMPROVE PUBLIC SAFETY.

(V) ANY OTHER INFORMATION THE COMMISSION DEEMS

RELEVANT.

(B) EDUCATIONAL PLAN.--

(1) THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY

SHALL PUBLISH A REPORT OF A PROPOSED EDUCATIONAL PROGRAM PLAN

WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. THE

PROPOSED EDUCATIONAL PROGRAM PLAN SHALL BE DEVELOPED IN

CONSULTATION WITH THE DEPARTMENT, THE COMMISSION, THE BOARD,

20170HB0285PN4272 - 46 -

THE PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION, THE VICTIM

ADVOCATE AND REPRESENTATIVES OF THE JUDICIARY AND THE

CRIMINAL DEFENSE BAR AND OTHER CRIMINAL JUSTICE STAKEHOLDERS.

(2) THE PLAN SHALL SEEK TO PROVIDE COST-EFFECTIVE

TRAINING OR INFORMATION THROUGH ELECTRONIC MEANS,

PUBLICATIONS OR CONTINUING EDUCATIONAL PROGRAMS THAT ADDRESS

THE FOLLOWING TOPICS:

(I) THE TREATMENT PROGRAMS AVAILABLE THROUGH THE

BOARD AND THE DEPARTMENT.

(II) THE AVAILABILITY OF PROGRAMS AND ELIGIBILITY

REQUIREMENTS THAT CAN REDUCE RECIDIVISM RISK, INCLUDING

STATE INTERMEDIATE PUNISHMENT, MOTIVATIONAL BOOT CAMP AND

RECIDIVISM RISK REDUCTION INCENTIVE PROGRAMS.

(III) THE CALCULATION OF SENTENCING CREDIT AND

PRACTICES THAT COULD INADVERTENTLY PREVENT AN INMATE FROM

RECEIVING SENTENCE CREDIT.

(IV) RECENT STATUTORY CHANGES RELATING TO

SENTENCING, PLACE OF CONFINEMENT, MEDICAL RELEASES,

TRANSFER OF INMATES AND PAROLE.]

SECTION 15. THE HEADING OF SUBCHAPTER B OF CHAPTER 61 OF

TITLE 61 IS AMENDED TO READ:

SUBCHAPTER B

ADMINISTRATION OF THE PENNSYLVANIA PAROLE BOARD

SECTION 16. SECTIONS 6101 AND 6111 HEADING AND (A) OF TITLE

61 ARE AMENDED TO READ:

§ 6101. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BOARD." THE PENNSYLVANIA [BOARD OF PROBATION AND] PAROLE

20170HB0285PN4272 - 47 -

BOARD.

§ 6111. PENNSYLVANIA [BOARD OF PROBATION AND] PAROLE BOARD.

(A) ESTABLISHMENT.--THE PENNSYLVANIA [BOARD OF PROBATION

AND] PAROLE BOARD IS AN INDEPENDENT ADMINISTRATIVE BOARD FOR THE

ADMINISTRATION OF THE [PROBATION AND] PAROLE LAWS OF THIS

COMMONWEALTH.

* * *

SECTION 17. SECTION 6123 OF TITLE 61 IS REPEALED:

[§ 6123. ADVISORY COMMITTEE.

(A) ESTABLISHMENT.--AN ADVISORY COMMITTEE ON PROBATION IS

REESTABLISHED TO ASSIST THE BOARD.

(B) COMPOSITION.--THE ADVISORY COMMITTEE SHALL CONSIST OF

NINE MEMBERS, SEVEN OF WHOM SHALL BE APPOINTED BY THE GOVERNOR,

WITH THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE SENATE. AT

LEAST TWO SHALL BE JUDGES OF COURTS OF RECORD OF THIS

COMMONWEALTH, AT LEAST ONE SHALL BE A COUNTY COMMISSIONER, AT

LEAST ONE SHALL BE A CHIEF COUNTY PROBATION OFFICER, AND THE

REMAINING MEMBERS SHALL BE QUALIFIED IN THE FIELD OF PROBATION

AND PAROLE EITHER BY TRAINING OR EXPERIENCE. THE PRESIDENT PRO

TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF

REPRESENTATIVES SHALL EACH APPOINT A MEMBER OF THEIR RESPECTIVE

HOUSES TO SERVE AS MEMBERS OF THE COMMITTEE.

(1) THE TERM OF A MEMBER HEREAFTER APPOINTED, EXCEPT TO

FILL A VACANCY, SHALL BE FOR FOUR YEARS AND UNTIL THEIR

SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED, BUT IN NO EVENT

MORE THAN 90 DAYS BEYOND THE EXPIRATION OF THEIR APPOINTED

TERM.

(2) THE TERMS OF MEMBERS OF THE COMMITTEE WHO ARE

APPOINTED BY VIRTUE OF HOLDING AN OFFICE AS A MEMBER OF THE

20170HB0285PN4272 - 48 -

GENERAL ASSEMBLY, JUDGE, CHIEF COUNTY PROBATION OFFICER OR

COUNTY COMMISSIONER SHALL CONTINUE ONLY SO LONG AS THAT

PERSON REMAINS IN THAT OFFICE.

(3) VACANCIES OCCURRING IN AN OFFICE OF A MEMBER OF THE

ADVISORY COMMITTEE BY EXPIRATION OF TERM, DEATH, RESIGNATION,

REMOVAL OR FOR ANY OTHER REASON SHALL BE FILLED IN THE MANNER

PROVIDED BY SECTION 8 OF ARTICLE IV OF THE CONSTITUTION OF

PENNSYLVANIA FOR THE REMAINDER OF THE TERM.

(4) WHENEVER THE TERM OF AN ADVISORY COMMITTEE MEMBER,

OTHER THAN ONE WHO IS A MEMBER OF THE GENERAL ASSEMBLY,

EXPIRES, THAT MEMBER'S POSITION SHALL BE IMMEDIATELY DEEMED A

VACANCY, AND THE GOVERNOR SHALL NOMINATE A PERSON TO FILL

THAT MEMBERSHIP POSITION ON THE COMMITTEE WITHIN 90 DAYS OF

THE DATE OF EXPIRATION, EVEN IF THE MEMBER CONTINUES TO

REMAIN ON THE COMMITTEE. THE GOVERNOR SHALL DESIGNATE ONE OF

THE MEMBERS OF THE COMMITTEE AS ITS CHAIRPERSON.

(D) REIMBURSEMENT OF EXPENSES.--EACH MEMBER OF THE ADVISORY

COMMITTEE SHALL BE PAID ALL REASONABLE AND NECESSARY TRAVEL AND

OTHER EXPENSES INCURRED BY HIM IN THE PERFORMANCE OF HIS DUTIES.

(E) ASSISTANCE TO BE PROVIDED.--THE ADVISORY COMMITTEE SHALL

AID THE CHAIRPERSON AND THE BOARD IN FORMULATING AND REVIEWING

STANDARDS FOR PROBATION PERSONNEL AND PROBATION SERVICES IN THE

COUNTIES.]

SECTION 18. SECTIONS 6131(A)(3), (4) AND (5), 6133(C) AND

(D) AND 6137(A)(1) OF TITLE 61 ARE AMENDED TO READ:

§ 6131. GENERAL POWERS OF BOARD.

(A) GENERAL RULE.--THE BOARD SHALL HAVE THE POWER AND ITS

DUTY SHALL BE:

* * *

(3) TO COLLECT AND MAINTAIN A RECORD OF ALL PERSONS WHO

20170HB0285PN4272 - 49 -

ARE PLACED ON [PROBATION AND] PAROLE.

[(4) TO COLLECT, COMPILE AND PUBLISH STATISTICAL AND

OTHER INFORMATION RELATING TO PROBATION AND PAROLE WORK IN

ALL COURTS AND SUCH OTHER INFORMATION THE BOARD MAY DEEM OF

VALUE IN PROBATION SERVICE.

(5) TO ESTABLISH, BY REGULATION, UNIFORM STATEWIDE

STANDARDS FOR:

(I) PRESENTENCE INVESTIGATIONS.

(II) THE SUPERVISION OF PROBATIONERS.

(III) THE QUALIFICATIONS FOR PROBATION PERSONNEL.

(IV) MINIMUM SALARIES.

(V) QUALITY OF PROBATION SERVICE.

THE STANDARDS FOR THE QUALIFICATIONS OF PROBATION PERSONNEL

SHALL ONLY APPLY TO PROBATION PERSONNEL APPOINTED AFTER THE

DATE THE STANDARDS ARE ESTABLISHED. SHOULD ANY PROBATION

PERSONNEL APPOINTED PRIOR TO THE DATE THE STANDARDS WERE

ESTABLISHED FAIL TO MEET THE STANDARDS, THE COURT HAVING

JURISDICTION OF SUCH PERSONNEL MAY REQUEST THE BOARD TO

ESTABLISH IN-SERVICE TRAINING FOR THEM IN ACCORDANCE WITH THE

STANDARDS.]

* * *

§ 6133. PROBATION SERVICES.

* * *

(1) A COUNTY THAT PROVIDES ADDITIONAL PROBATION STAFF

FOR PRESENTENCE INVESTIGATIONS AND IMPROVED PROBATION

SUPERVISION AND PROGRAMS SHALL RECEIVE A GRANT-IN-AID FROM

THE COMMONWEALTH THROUGH THE BOARD FOR ADDITIONAL COSTS

INCURRED THEREBY BUT ONLY TO THE EXTENT THAT THE ADDITIONAL

STAFF AND PROGRAM MEET THE QUALIFICATIONS AND STANDARDS

20170HB0285PN4272 - 50 -

ESTABLISHED BY THE BOARD.

(2) THE GRANT-IN-AID SHALL PROVIDE 80% OF THE PERSONNEL

SALARY COSTS INCURRED BY A COUNTY TO ADMINISTER THESE

ADDITIONAL SERVICES AND PROGRAMS.

(3) IF INSUFFICIENT FUNDS ARE APPROPRIATED, EACH COUNTY

SHALL RECEIVE A PRORATED REDUCTION IN THE GRANT-IN-AID.

(4) THE BOARD SHALL ESTABLISH RULES AND REGULATIONS FOR

THE ALLOCATION OF FUNDS AVAILABLE FOR SUCH GRANTS-IN-AID.]

SUPERVISION AND INVESTIGATION.--SUPERVISION AND PRESENTENCE

INVESTIGATIONS BY COURT ORDER OR REQUEST SHALL BE PROVIDED IN

ACCORDANCE WITH BOARD REGULATIONS.

(D) IN-SERVICE TRAINING.--THE BOARD SHALL PROVIDE IN-SERVICE

TRAINING FOR PERSONNEL OF COUNTY PROBATION OFFICES WHEN

REQUESTED TO DO SO BY THE COURT HAVING JURISDICTION OF THE

PROBATION OFFICE[.] AS PROVIDED BY MEMORANDUM OF UNDERSTANDING

WITH THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY AND

CONTINGENT UPON THE AVAILABILITY OF MONEY.

§ 6137. PAROLE POWER.

(A) GENERAL CRITERIA FOR PAROLE.--

(1) THE BOARD MAY PAROLE SUBJECT TO CONSIDERATION OF

GUIDELINES ESTABLISHED UNDER 42 PA.C.S. § 2154.5 (RELATING TO

ADOPTION OF GUIDELINES FOR PAROLE) OR SUBJECT TO SECTION

6137.5 (RELATING TO SHORT SENTENCE PAROLE) AND MAY RELEASE ON

PAROLE ANY INMATE TO WHOM THE POWER TO PAROLE IS GRANTED TO

THE BOARD BY THIS CHAPTER, EXCEPT AN INMATE CONDEMNED TO

DEATH OR SERVING LIFE IMPRISONMENT, WHENEVER IN ITS OPINION:

(I) THE BEST INTERESTS OF THE INMATE JUSTIFY OR

REQUIRE THAT THE INMATE BE PAROLED.

(II) IT DOES NOT APPEAR THAT THE INTERESTS OF THE

COMMONWEALTH WILL BE INJURED BY THE INMATE'S PAROLE.

20170HB0285PN4272 - 51 -

* * *

SECTION 19. TITLE 61 IS AMENDED BY ADDING A SECTION TO READ:

§ 6137.5. SHORT SENTENCE PAROLE.

(A) GENERAL RULE.--THIS SECTION APPLIES TO PERSONS COMMITTED

TO THE DEPARTMENT WITH A MINIMUM SENTENCE OF CONFINEMENT UNDER

42 PA.C.S. § 9756(B) (RELATING TO SENTENCE OF TOTAL CONFINEMENT)

OF TWO YEARS OR LESS OR A RECIDIVISM RISK REDUCTION INCENTIVE

MINIMUM SENTENCE UNDER 42 PA.C.S. § 9756(B.1) OF TWO YEARS OR

LESS, WHICHEVER IS SHORTER. REGARDLESS OF SENTENCE IMPOSED, THIS

SECTION DOES NOT APPLY TO:

(1) PERSONS COMMITTED FOR OR WITH AN AGGREGATE SENTENCE

CONTAINING A PERSONAL INJURY CRIME , OR ANY CRIMINAL ATTEMPT,

CRIMINAL SOLICITATION, OR CRIMINAL CONSPIRACY TO COMMIT A

PERSONAL INJURY CRIME, AS DEFINED IN SECTION 103 OF THE ACT

OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME

VICTIMS ACT;

(2) PERSONS COMMITTED FOR OR WITH AN AGGREGATE SENTENCE

CONTAINING AN OFFENSE UNDER 18 PA.C.S. § 6105 (RELATING TO

PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL OR

TRANSFER FIREARMS);

(3) PERSONS COMMITTED FOR OR WITH AN AGGREGATE SENTENCE

CONTAINING AN ENHANCEMENT FOR THE USE OF A DEADLY WEAPON AS

DEFINED UNDER LAW OR THE SENTENCING GUIDELINES PROMULGATED BY

THE PENNSYLVANIA COMMISSION ON SENTENCING OR WHERE THE

ATTORNEY FOR THE COMMONWEALTH HAS DEMONSTRATED THAT THE

DEFENDANT HAS BEEN FOUND GUILTY OF OR WAS CONVICTED OF AN

OFFENSE INVOLVING A DEADLY WEAPON OR OFFENSE UNDER 18 PA.C.S.

CH. 61 (RELATING TO FIREARMS AND OTHER DANGEROUS ARTICLES) OR

AN EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED STATES OR

ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE

20170HB0285PN4272 - 52 -