See other bills
under the
same topic
PRINTER'S NO. 2579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1865
Session of
2017
INTRODUCED BY VAZQUEZ, BARBIN, WARREN, McCLINTON, V. BROWN AND
FRANKEL, OCTOBER 16, 2017
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 16, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for alternative sentence for pregnant offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 9722.1. Alternative sentence for pregnant offenders.
(a) Sentencing.--Notwithstanding any other provision of law
and except as otherwise provided under this section, in the case
of a pregnant offender, a court shall impose an individually
assessed sentence without confinement in a prison, work camp,
halfway facility or similar institution and based on community
rehabilitation. In imposing the sentence, the court shall take
into consideration the need of the pregnant offender to have a
relationship with the pregnant offender's child and may require
that the pregnant offender undergo house arrest.
(b) Conditions.--In imposing a sentence under this section,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
the court may require the pregnant offender to meet certain
conditions that the court considers appropriate, including, but
not limited to, the following:
(1) Drug and alcohol treatment.
(2) Domestic violence education and prevention.
(3) Physical and sexual abuse counseling.
(4) Anger management.
(5) Vocational and educational services.
(6) Job training and placement education.
(7) Affordable and safe housing assistance education.
(8) Financial literacy.
(9) Parenting classes.
(10) Family and individual counseling.
(11) Family case management services.
(c) Appearance.--The court may require a pregnant offender
serving a sentence under this section to appear in court at any
time during her sentence for the following purposes:
(1) Evaluating the pregnant offender's progress in
treatment or rehabilitation.
(2) Determining if the pregnant offender has violated
any condition of the sentence.
(d) Modifications.--During an appearance by a pregnant
offender under subsection (c), the court may:
(1) modify the conditions of the sentence imposed under
this section;
(2) d ecrease the duration of the sentence imposed under
this section based on the pregnant offender's successful
advancement; or
(3) sanction the pregnant offender for each detected
violation of any condition of the sentence imposed under this
20170HB1865PN2579 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
section, including, but not limited to, requiring the
pregnant offender to serve a term of imprisonment within the
range of the offense for which the pregnant offender was
originally convicted.
(e) Applicability.--This section shall not apply to an
individual who:
(1) has a current or prior conviction of a felony
involving violence;
(2) is currently registered as a sex offender; or
(3) has a history of escape while in custody during the
preceding 10-year period.
Section 2. This act shall take effect in 60 days.
20170HB1865PN2579 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12