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PRINTER'S NO. 852
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
714
Session of
2019
INTRODUCED BY BROWNE, BARTOLOTTA, FOLMER, KILLION AND MENSCH,
JUNE 3, 2019
REFERRED TO JUDICIARY, JUNE 3, 2019
AN ACT
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 definitions and for publication of guidelines;
in depositions and witnesses, further providing for
confidential communications involving law enforcement
officers and for confidential communications to peer support
members; in juvenile matters, further providing for
inspection of court files and records; in particular rights
and immunities, further providing for immunity of State
parole officers and for immunity of program administrators
and supervisors; in post-trial matters, further providing for
postconviction DNA testing; in sentencing, further providing
for mandatory period of probation for certain sexual
offenders, for disposition of persons found guilty but
mentally ill, for information required upon commitment and
subsequent disposition, for judicial power to release
inmates, for transfer of inmates in need of medical
treatment, for applicability, for registry, for initial
registration, for duty to inform, for enforcement, for
assessments, for administration, for global positioning
system technology, for immunity for good faith conduct, for
Pennsylvania State Police, for duties of probation and parole
officials, for board, for annual performance audit, for
applicability, for registration procedures and applicability,
for assessments, for administration, for global positioning
system technology, for immunity for good faith conduct, for
duties of Pennsylvania State Police, for duties of
Pennsylvania Board of Probation and Parole, for board and for
annual performance audit; in other criminal provisions,
further providing for supervisory relationship to offenders;
in preliminary provisions, further providing for definitions;
in general administration, providing for powers of peace
officers; in community corrections centers and community
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corrections facilities, further providing for definitions,
for department, for offenders who may be housed, for
authority of Commonwealth employees, for authority of
chairman and for escape and providing for certain offenders
residing in group-based homes and for reporting; in
Pennsylvania Board of Probation and Parole, further providing
for definitions, for administration, for Pennsylvania Board
of Probation and Parole, for board chairperson, for board
action, for meetings, for offices, repealing provisions
relating to district directors, to district office employees
and to disciplinary action, further providing for political
activities, for advisory committee, for certain offenders
residing in group-based homes, for general powers of board,
for specific powers of board, repealing provisions relating
to probation services, further providing for sentencing
court, for general criteria for parole, for right of access
to inmates, for parole power, for violation of terms of
parole, for parole procedure, for victim statements, for
general rules and special regulations, for early parole of
inmates and repealing provisions relating to definitions, to
status as peace officers and to supervisory relationship;
providing for supervision of offenders and for agents; in
county probation officers' firearm education and training,
further providing for definitions, for County Probation
Officers' Firearm Education and Training Commission, for
commission membership, for powers and duties of commission,
for training mandatory, for requirements for program
participation or waiver and for County Probation Officers'
Firearm Education and Training Fund; in Interstate Compacts,
further providing for Interstate Compact for the Supervision
of Adult Offenders, for deputization and for supervisions of
persons paroled by other states; conferring powers and
imposing duties on the Department of Corrections; providing
for the transfer of functions, powers and duties of the
Pennsylvania Board of Probation and Parole and for
appropriations for the Office of Victim Advocate; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "board" in section 2151.1 of
Title 42 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 2151.1. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
Board.
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* * *
Section 2. Sections 2155(a)(1)(vi), 5950(d), 5952(d),
6307(a)(6.5), 8332.7 and 8340 of Title 42 are amended to read:
§ 2155. Publication of guidelines for sentencing, resentencing
and parole, risk assessment instrument and
recommitment ranges following revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania
Bulletin all proposed sentencing guidelines, resentencing
guidelines following revocation of probation, county
intermediate punishment and State intermediate punishment,
parole guidelines, risk assessment instrument and
recommitment ranges following revocation by the board of
paroles granted, and hold public hearings not earlier than 30
days and not later than 60 days thereafter to afford an
opportunity for the following persons and organizations to
testify:
* * *
(vi) [State Board of Probation and] Pennsylvania
Parole Board.
* * *
§ 5950. Confidential communications involving law enforcement
officers.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in a group
critical incident stress management team intervention.
"Critical incident." A situation responded to by a law
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enforcement officer which presents or involves either the death
or serious bodily injury of an individual or the imminent
potential of such death or serious bodily injury, or any
situation faced by a law enforcement officer in the course of
duty which causes or may cause the law enforcement officer to
experience unusually strong negative emotional reactions.
"Critical Incident Stress Management Network." A network
that meets the requirements of membership with the Pennsylvania
Voluntary Critical Incident Stress Management Network as
administered by the Department of Health and is registered with
the International Critical Incident Stress Foundation.
"Critical incident stress management services."
Consultation, risk assessment, education, intervention,
briefing, defusing, debriefing, onsite services, referral and
other crisis intervention services provided by a critical
incident stress management team to a law enforcement officer
prior to, during or after a critical incident.
"Critical incident stress management team member." An
individual who is specially trained to provide critical incident
stress management services as a member of a police agency or
organization critical incident stress management team that holds
membership in the Commonwealth's critical incident stress
management network.
"Government unit." The General Assembly and its officers and
agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district or other local authority and the
departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
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instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent, enforcement officer and investigator
of the Pennsylvania [Board of Probation and] Parole Board.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
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(13) A member of the Fort Indiantown Gap Police Force.
§ 5952. Confidential communications to peer support members.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in the
provision of peer support services.
"Government unit." The General Assembly and its officers and
agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district, local authority and the
departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent, enforcement officer and investigator
of the Pennsylvania [Board of Probation and] Parole Board.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
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of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish and Boat
Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(13) A member of the Fort Indiantown Gap Police Force.
"Peer support member." A law enforcement officer who:
(1) Is assigned by a law enforcement agency.
(2) Receives a minimum of 24 hours of basic training in
peer services, including listening, assessment and referral
skills and basic critical incident stress management.
(3) Receives eight hours of continuing training each
year.
(4) May be supervised by licensed psychologists.
§ 6307. Inspection of court files and records.
(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.5) The Department of [Public Welfare] Human Services
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for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 8332.7. Immunity of State parole officers.
(a) Assistance of law enforcement personnel.--In addition to
the provisions of section 27 of the act of August 6, 1941
(P.L.861, No.323), referred to as the Pennsylvania Board of
Probation and Parole Law, or any other law, any parole officer
appointed by the Pennsylvania [Board of Probation and] Parole
Board who, after obtaining permission in advance from a person
authorized by the Pennsylvania [Board of Probation and] Parole
Board, assists Federal, State or local law enforcement officers
or agents or county probation officers in the lawful performance
of their duties shall be considered to be acting within the
scope of his official duty for all purposes of law and shall
enjoy any benefit or immunity conferred upon an employee of the
Commonwealth.
(b) Assistance of criminal victims.--In addition to any
other immunity provided by law, any parole officer appointed by
the Pennsylvania [Board of Probation and] Parole Board who is
entitled to immunity under section 8331.3 (relating to criminal
victim aid good Samaritan civil immunity) as a result of
providing assistance to a victim of a crime shall be considered
to be acting within the scope of his official duty while
providing assistance to the victim for all purposes of law and
shall enjoy any benefit or immunity conferred upon an employee
of the Commonwealth.
§ 8340. Immunity of program administrators and supervisors.
Any probation officer or agent of the Pennsylvania [Board of
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Probation and] Parole Board and any public service or charitable
agency or organization or political subdivision, or any official
or employee thereof, supervising or administering any
restitution or community service program approved by the court
of common pleas or the Pennsylvania [Board of Probation and]
Parole Board shall be immune from any civil action for damages
brought by or on behalf of any person involved in the program or
damages caused by any person involved in the program. Nothing in
this section shall be construed to limit or otherwise affect or
preclude liability resulting from gross negligence or
intentional misconduct or reckless misconduct.
Section 3. Section 9543.1(f)(6) of Title 42, amended October
24, 2018 (P.L.896, No.147), is amended to read:
§ 9543.1. Postconviction DNA testing.
* * *
(f) Posttesting procedures.--
* * *
(6) If DNA testing conclusively identifies the DNA
profile of the applicant on probative and inculpatory
evidence, the court shall dismiss the petition and may make
any further orders that are appropriate. An order under this
paragraph may:
(i) direct that the Pennsylvania [Board of Probation
and] Parole Board be notified of the test results; or
(ii) mandate that the applicant's DNA profile be
added to the Commonwealth's convicted offender database.
* * *
Section 4. Section 9718.5(d) of Title 42, added February 21,
2018 (P.L.27, No.10), is amended to read:
§ 9718.5. Mandatory period of probation for certain sexual
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offenders.
* * *
(d) Direct supervision.--Nothing under this section shall
limit the court's authority to direct supervision by the
Pennsylvania[ Board of Probation and] Parole Board by special
order as provided under 61 Pa.C.S. § [6133(a)] 6162(a) (relating
to probation services).
Section 5. Sections 9727(a), (b)(1), (c) and (f)(3),
9764(e), (f), (h), (i) and (k), 9776(a) and 9777(d)(2) of Title
42 are amended to read:
§ 9727. Disposition of persons found guilty but mentally ill.
(a) Imposition of sentence.--A defendant found guilty but
mentally ill or whose plea of guilty but mentally ill is
accepted under the provisions of 18 Pa.C.S. § 314 (relating to
guilty but mentally ill) may have any sentence imposed on him
which may lawfully be imposed on any defendant convicted of the
same offense. Before imposing sentence, the court shall hear
testimony and make a finding on the issue of whether the
defendant at the time of sentencing is severely mentally
disabled and in need of treatment pursuant to the provisions of
the act of July 9, 1976 (P.L.817, No.143), known as the
["Mental] Mental Health Procedures [Act."] Act.
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
with available resources, be provided such treatment as is
psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the [Bureau of
Correction] Department of Corrections, by the county or by
the Department of [Public Welfare] Human Services in
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accordance with the ["Mental] Mental Health Procedures
[Act."] Act.
* * *
(c) Discharge report.--When a treating facility designated
by either the [Bureau of Correction] Department of Corrections
or the Department of [Public Welfare] Human Services discharges
such a defendant from treatment prior to the expiration of his
maximum sentence, that treating facility shall transmit to the
Pennsylvania [Board of Probation and] Parole Board, the
correctional facility or county jail to which the offender is
being returned and the sentencing judge a report on the
condition of the offender together with the reasons for its
judgments, which describes:
(1) The defendant's behavior.
(2) The course of treatment.
(3) The potential for recurrence of the behavior.
(4) The potential for danger to himself or the public.
(5) Recommendations for future treatment.
* * *
(f) Probation.--
* * *
(3) Treatment shall be provided by an agency approved by
the Department of [Public Welfare] Human Services or, with
the approval of the sentencing court and at individual
expense, by private agencies, private physicians or other
mental health personnel. A mental health status report,
containing the information set forth in subsection (c), shall
be filed with the probation officer and the sentencing court
every three months during the period of probation. If a
motion on a petition to discontinue probation is made by the
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defendant, the probation officer shall request a report as
specified from the treating facility.
§ 9764. Information required upon commitment and subsequent
disposition.
* * *
(e) Release by Department of Corrections.--Prior to the
release of an inmate from the Department of Corrections to State
parole supervision, the Department of Corrections shall provide
to the [Board of Probation and] Pennsylvania Parole Board the
information contained in subsections (a)(1) and (2) and (b).
(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 [Board of
Probation and] Pennsylvania Parole Board the information
contained in subsections (a)(1) through (4) and (b).
(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.
* * *
(h) Record of inmate moneys.--Prior to the release of an
inmate from the Department of Corrections to State parole
supervision, the department shall provide to the [Board of
Probation and] Pennsylvania Parole Board a record of any moneys
paid by the inmate and any balance remaining towards
satisfaction of restitution or any other court-ordered financial
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obligations. Prior to the release of an inmate from a county
correctional facility to State parole supervision, the county
correctional facility shall provide to the [Board of Probation
and] Pennsylvania Parole Board a record of any moneys paid by
the inmate and any balance remaining towards the satisfaction of
restitution or any other court-ordered financial obligations.
Prior to the release of an inmate from a county correctional
facility to county parole supervision, the facility shall
provide to the county probation department or other agent
designated by the county commissioners of the county with the
approval of the president judge of the county a record of any
moneys paid by the inmate and any remaining balance towards the
satisfaction of restitution and any other court-ordered
financial obligations.
(i) Continuing payments.--The [Board of Probation and]
Pennsylvania Parole Board shall require as a condition of parole
that any inmate released to their supervision shall make
continuing payments on restitution or any other court-ordered
financial obligations. The sentencing court shall require as a
condition of county parole that any inmate released to the
supervision of the county probation department shall make
continuing payments of restitution or any other court-ordered
financial obligations.
(k) Procedures.--The Department of Corrections and the
Pennsylvania [Board of Probation and] Parole Board shall develop
procedures to implement the provisions of this section.
* * *
§ 9776. Judicial power to release inmates.
(a) General rule.--Except as otherwise provided under this
chapter or if the Pennsylvania [Board of Probation and] Parole
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Board has exclusive parole jurisdiction, a court of this
Commonwealth or other court of record having jurisdiction may,
after due hearing, release on parole an inmate in the county
correctional institution of that judicial district.
* * *
§ 9777. Transfer of inmates in need of medical treatment.
* * *
(d) Notice.--
* * *
(2) The sentencing court shall forward notice of any
order entered under this section placing an inmate in a
hospital, long-term care nursing facility or hospice care
location to the hospital, long-term care nursing facility or
hospice care location and to the Department of [Public
Welfare] Human Services.
* * *
Section 6. Section 9799.13(2) of Title 42, reenacted and
amended June 12, 2018 (P.L.40, No.29), and amended February 21,
2018 (P.L.27, No.1), is amended to read:
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
* * *
(2) A sexual offender who is an inmate in a State or
county correctional institution of this Commonwealth,
including a community corrections center or a community
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contract facility, is being supervised by the [Pennsylvania
Board of Probation and] Parole Board or county probation or
parole, is subject to a sentence of intermediate punishment
or has supervision transferred pursuant to the Interstate
Compact for Adult Supervision in accordance with section
9799.19(g).
* * *
Section 7. Section 9799.16(d) of Title 42 is amended to
read:
§ 9799.16. Registry.
* * *
(d) Cooperation.--There shall be cooperation between the
Pennsylvania State Police, State and county correctional
institutions, the Pennsylvania [Board of Probation and] Parole
Board, the county office of probation and parole, any court with
jurisdiction over a sexual offender, the chief juvenile
probation officer of the court, juvenile probation and parole
and the Department of [Public Welfare] Human Services to ensure
that the information set forth in subsections (b) and (c) is
provided and placed in the registry.
Section 8. Section 9799.19 (f), (k)(1) introductory
paragraph and (iv) and (2), (l)(2)(iv) and (q)(2) of Title 42,
reenacted and amended June 12, 2018 (P.L.140, No.29), and
amended or added February 21, 2018 (P.L.27, No.10), are amended
to read:
§ 9799.19. Initial registration.
* * *
(f) Initial registration if being supervised by Commonwealth
under Interstate Compact for Adult Offender Supervision.--If an
individual is in this Commonwealth and is being supervised by
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the State [Board of Probation and] Parole Board or the county
office of probation and parole pursuant to the Interstate
Compact for Adult Offender Supervision, the following apply:
(1) If the individual is being supervised under the
compact for committing a sexually violent offense which
requires registration in another jurisdiction or foreign
country whether or not the sexual offense is designated as a
sexually violent offense, the individual shall provide the
information set forth in section 9799.16(b) (relating to
registry) to the appropriate official of the State [Board of
Probation and] Parole Board or the county office of probation
and parole for inclusion in the registry. The appropriate
official shall collect the information set forth in section
9799.16(b) and forward the information to the Pennsylvania
State Police. The appropriate official shall, in addition,
ensure that the information set forth in section 9799.16(c)
is collected and forwarded to the Pennsylvania State Police.
If the individual fails to provide the information in section
9799.16(b), the appropriate official of the State [Board of
Probation and] Parole Board or county office of probation and
parole shall notify the Pennsylvania State Police.
* * *
(k) Registration if incarcerated within Commonwealth or by
Federal court.--The following apply to an individual who
committed a sexually violent offense:
(1) If the individual is incarcerated in a Federal,
State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b) to
the appropriate official of the Federal, State or county
correctional facility or the Pennsylvania [Board of Probation
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and] Parole Board for inclusion in the registry before being
released due to:
* * *
(iv) special probation supervised by the
Pennsylvania [Board of Probation and] Parole Board.
(2) For individuals described in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania [Board of Probation
and] Parole Board shall collect and forward the information
specified in section 9799.16(b) to the Pennsylvania State
Police. The appropriate official shall, in addition, ensure
that the information specified in section 9799.16(c) is
collected and forwarded to the Pennsylvania State Police. The
information specified in section 9799.16(b) and (c) shall be
included in the registry. With respect to individuals
released under paragraph (1)(ii), (iii) or (iv), the State or
county correctional facility shall not release the individual
until the State or county correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
specified in section 9799.16(b) and (c). Verification may
take place by electronic means. With respect to individuals
released under paragraph (1)(i), if the individual refuses to
provide the information specified in section 9799.16(b), the
State or county correctional facility shall notify the
Pennsylvania State Police or the municipal police department
with jurisdiction over the facility of the failure to provide
the information and of the expected date, time and location
of the release of the individual.
(l) Registration if sentenced to a State or county
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correctional facility.--If the individual committed a sexually
violent offense and is sentenced to a period of incarceration in
a State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b) as
follows:
* * *
(2) If the individual is incarcerated in a State or
county correctional facility, the correctional facility shall
notify the Pennsylvania State Police, not more than 30 days
in advance of, but not later than 10 days prior to, the
individual's release from the correctional facility. The
following apply:
* * *
(iv) In the case of parole, State or county
intermediate punishment where the sentence is restrictive
and the individual is sentenced to a period of
incarceration in a State or county correctional facility
or work release facility or special probation supervised
by the Pennsylvania [Board of Probation and] Parole
Board, the correctional facility may not release the
individual until the correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
specified in section 9799.16(b) and (c). Verification by
the Pennsylvania State Police may occur by electronic
means.
* * *
(q) Registration for State or county parolees.--
* * *
(2) If the individual committed a sexually violent
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offense and is serving a sentence of State parole, the
Pennsylvania [Board of Probation and] Parole Board shall
register the individual within 48 hours. The appropriate
official of the Pennsylvania [Board of Probation and] Parole
Board shall collect the information specified in section
9799.16(b) from the individual and forward the information to
the Pennsylvania State Police. The Pennsylvania State Police
shall ensure that the information specified in section
9799.16(c) is collected. The information specified in section
9799.16(b) and (c) shall be included in the registry. If the
individual fails to comply, the appropriate official of the
Pennsylvania [Board of Probation and] Parole Board shall
notify the Pennsylvania State Police.
Section 9. Sections 9799.20 introductory paragraph,
9799.22(d), 9799.24(a), (b) introductory paragraph, (c), (e)(4)
and (g), 9799.29, 9799.30, 9799.31(6), 9799.32(2), (7), (8) and
(9), 9799.33 and 9799.35(e) of Title 42 are amended to read:
§ 9799.20. Duty to inform.
In order to implement the provisions of section 9799.19
(relating to initial registration), as appropriate, the
Pennsylvania State Police, the court having jurisdiction over
the sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the Pennsylvania [Board of
Probation and] Parole Board, county office of probation and
parole, the Department of [Public Welfare] Human Services or a
State or county correctional institution shall:
* * *
§ 9799.22. Enforcement.
* * *
(d) Duty to inform Pennsylvania State Police.--In order to
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implement this subchapter, the court with jurisdiction over the
sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the Pennsylvania [Board of
Probation and] Parole Board, the county office of probation and
parole, the Department of [Public Welfare] Human Services or a
State or county correctional institution shall inform the
Pennsylvania State Police if the individual refuses to provide
the information required by this subchapter so that the
Pennsylvania State Police may comply with this section.
§ 9799.24. Assessments.
(a) Order for assessment.--After conviction but before
sentencing, a court shall order an individual convicted of a
sexually violent offense to be assessed by the board. The order
for an assessment shall be sent to the [administrative officer]
executive director of the board within ten days of the date of
conviction for the sexually violent offense.
(b) Assessment.--Upon receipt from the court of an order for
an assessment, a member of the board as designated by the
[administrative officer] executive director of the board shall
conduct an assessment of the individual to determine if the
individual should be classified as a sexually violent predator.
The board shall establish standards for evaluations and for
evaluators conducting the assessments. An assessment shall
include, but not be limited to, an examination of the following:
* * *
(c) Release of information.--All State, county and local
agencies, offices and entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing copies
of records and information as requested by the board in
connection with the court-ordered assessment and the assessment
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requested by the Pennsylvania [Board of Probation and] Parole
Board or the assessment of a delinquent child under section 6358
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board). For assessments of
delinquent children conducted by the board pursuant to section
6358 from January 23, 2005, to December 19, 2012, all State,
county and local agencies, offices and entities, including
juvenile probation officers, are subject to the release of
information requirements set forth in this subsection.
* * *
(e) Hearing.--
* * *
(4) A copy of the order containing the determination of
the court shall be immediately submitted to the individual,
the district attorney, the Pennsylvania [Board of Probation
and] Parole Board, the Department of Corrections, the board
and the Pennsylvania State Police.
* * *
(g) Parole assessment.--The Pennsylvania [Board of Probation
and] Parole Board may request of the board that an assessment of
a sexual offender be conducted and that a report be provided to
the Pennsylvania [Board of Probation and] Parole Board prior to
considering a sexual offender for parole.
* * *
§ 9799.29. Administration.
The Governor shall direct the Pennsylvania State Police, the
Pennsylvania [Board of Probation and] Parole Board, the board,
the Department of Corrections, the Department of Transportation
and any other agency of the Commonwealth that the Governor deems
necessary to collaboratively design, develop and implement an
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integrated and secure system of communication, storage and
retrieval of information to assure the timely, accurate and
efficient administration of this subchapter.
§ 9799.30. Global positioning system technology.
The [Pennsylvania Board of Probation and Parole] Department
of Corrections and the agents of the Department of Corrections
and county probation authorities may impose supervision
conditions that include tracking through global positioning
system technology.
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
(6) The Pennsylvania [Board of Probation and] Parole
Board and its agents and employees.
* * *
§ 9799.32. Pennsylvania State Police.
The Pennsylvania State Police have the following duties:
* * *
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Juvenile Court Judges'
Commission, the Administrative Office of Pennsylvania Courts,
the Pennsylvania [Board of Probation and] Parole Board and
the chairman and minority chairman of the Judiciary Committee
of the Senate and the chairman and minority chairman of the
Judiciary Committee of the House of Representatives, to
promulgate guidelines necessary for the general
administration of this subchapter. These guidelines shall
establish procedures to allow an individual subject to the
requirements of this subchapter, including a transient, to
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fulfill these requirements at approved registration sites
throughout this Commonwealth. The Pennsylvania State Police
shall publish a list of approved registration sites in the
Pennsylvania Bulletin and provide a list of approved
registration sites in any notice sent to individuals required
to register under this subchapter. An approved registration
site shall be capable of submitting fingerprints, palm
prints, DNA samples and any other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in such form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites set forth in this paragraph.
* * *
(7) In consultation with the Department of Education
[and], the Pennsylvania [Board of Probation and Parole,]
Parole Board and the Department of Corrections , to promulgate
guidelines directing licensed day-care centers, licensed
preschool programs, schools, universities and colleges,
including community colleges, on the proper use and
administration of information received under section 9799.27.
(8) In consultation with the Department of Corrections
and the Pennsylvania [Board of Probation and] Parole Board,
to promulgate guidelines directing State and county
correctional facilities and State and county probation and
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parole offices regarding the completion of information,
including the taking of photographs, required by sexual
offenders under this subchapter.
(9) In consultation with the Administrative Office of
Pennsylvania Courts, the Department of [Public Welfare] Human
Services and the Juvenile Court Judges' Commission, to
promulgate guidelines regarding the completion of information
required by juvenile offenders and sexually violent
delinquent children under this subchapter.
§ 9799.33. Duties of probation and parole officials.
(a) Duties.--The Pennsylvania [Board of Probation and
Parole,] Parole Board, the Department of Corrections , the county
office of probation and parole and the chief juvenile probation
officer of the court shall:
(1) Perform their respective duties set forth for the
Pennsylvania [Board of Probation and Parole,] Parole Board,
the Department of Corrections , the county office of probation
and parole and the chief juvenile probation officer of the
court in accordance with section 9799.19 (relating to initial
registration).
(2) On a form prescribed by the Pennsylvania State
Police, notify the Pennsylvania State Police each time a
sexual offender is arrested, recommitted to a State or county
correctional institution for a parole violation or
incarcerated.
(b) Notification form.--The Pennsylvania [Board of Probation
and] Parole Board and the Department of Corrections shall create
a notification form which will inform [State and] county prison
and probation and parole personnel how to inform sexual
offenders of their duties under this subchapter. In addition,
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the [Pennsylvania Board of Probation and Parole] Department of
Corrections shall apply for Federal funding as provided in the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248, 120 Stat. 587) to support and enhance programming using
global satellite positioning system technology.
§ 9799.35. Board.
* * *
(e) Staff.--[Support staff for the board shall be provided
by the Pennsylvania Board of Probation and Parole.] The board
shall employ an executive director and other staff as necessary
to carry out the board's duties under this chapter. The
executive director shall direct the operations, management and
administration of the board and organize and oversee the work of
the staff. Legal counsel for the board shall be provided in
accordance with the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act. Upon request by the
board, the Department of Corrections shall make available
facilities, administrative support and other assistance to the
board.
Section 10. Sections 9799.38, 9799.54(a)(3), 9799.56(a)(4)
(i), 9799.58(c), (e)(4) and (g), 9799.64, 9799.65, 9799.66(6),
9799.67(2), (5) and (6), 9799.68 heading and introductory
paragraph, 9799.69(e) and 9799.72 of Title 42, reenacted and
amended June 12, 2018 (P.L.140, No.29), and amended or added
February 21, 2018 (P.L.27, No.10), are amended to read:
§ 9799.38. Annual performance audit.
(a) Duties of the Attorney General.--The Attorney General
has the following duties:
(1) To conduct a performance audit annually to determine
compliance with the requirements of this subchapter and
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Subchapter I (relating to continued registration of sexual
offenders) and any guidelines promulgated under this
subchapter and Subchapter I. The audit shall, at a minimum,
include a review of the practices, procedures and records of
the Pennsylvania State Police, the Pennsylvania [Board of
Probation and] Parole Board, the Department of Corrections,
the board, the Administrative Office of Pennsylvania Courts
and any other State or local agency the Attorney General
deems necessary in order to conduct a thorough and accurate
performance audit.
(2) To prepare an annual report of its findings and any
action that it recommends be taken by the Pennsylvania State
Police, the Pennsylvania [Board of Probation and] Parole
Board, the Department of Corrections, the board, the
Administrative Office of Pennsylvania Courts, other State or
local agencies and the General Assembly to ensure compliance
with this subchapter and Subchapter I. The first report shall
be released to the general public no fewer than 18 months
after December 20, 2012.
(3) To provide a copy of its report to the Pennsylvania
State Police, the Pennsylvania [Board of Probation and]
Parole Board, the Department of Corrections, the board, the
Administrative Office of Pennsylvania Courts, State or local
agencies referenced in the report, the chairman and the
minority chairman of the Judiciary Committee of the Senate
and the chairman and the minority chairman of the Judiciary
Committee of the House of Representatives no fewer than 30
days prior to its release to the general public.
(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State
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Police, the Pennsylvania [Board of Probation and] Parole
Board, the Department of Corrections, the board, the
Administrative Office of Pennsylvania Courts, the
Pennsylvania Commission on Sentencing and any other State or
local agency requested to do so shall fully cooperate with
the Attorney General and assist the Office of Attorney
General in satisfying the requirements of this section. For
purposes of this subsection, full cooperation shall include,
at a minimum, complete access to unredacted records, files,
reports and data systems.
§ 9799.54. Applicability.
(a) Registration.--The following individuals shall register
with the Pennsylvania State Police as provided in this
subchapter:
* * *
(3) An individual who committed a sexually violent
offense within this Commonwealth and is an inmate in a State
or county correctional facility of this Commonwealth,
including a community corrections center or a community
contract facility, is being supervised by the Pennsylvania
[Board of Probation and] Parole Board or county probation or
parole, is subject to a sentence of intermediate punishment
or has supervision transferred under the Interstate Compact
for Adult Supervision in accordance with section 9799.62(e)
(relating to other notification). The individual shall
register for the period of time under section 9799.55, except
that the period required in section 9799.55 shall be tolled
for any period of time the individual is recommitted for a
parole violation or sentenced to a term of imprisonment.
* * *
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§ 9799.56. Registration procedures and applicability.
(a) Registration.--
* * *
(4) This paragraph shall apply to all offenders and
sexually violent predators:
(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania [Board of
Probation and] Parole Board or the court or is sentenced
to probation or intermediate punishment, the board or
county office of probation and parole shall collect
registration information from the offender or sexually
violent predator and forward that registration
information to the Pennsylvania State Police. The
Department of Corrections or county correctional facility
shall not release the offender or sexually violent
predator until it receives verification from the
Pennsylvania State Police that the Pennsylvania State
Police have received the registration information.
Verification by the Pennsylvania State Police may occur
by electronic means, including e-mail or facsimile
transmission. Where the offender or sexually violent
predator is scheduled to be released from a State or
county correctional facility because of the expiration of
the maximum term of incarceration, the Department of
Corrections or county correctional facility shall collect
the information from the offender or sexually violent
predator no later than 10 days prior to the maximum
expiration date. The registration information shall be
forwarded to the Pennsylvania State Police.
* * *
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§ 9799.58. Assessments.
* * *
(c) Release of information.--All State, county and local
agencies, offices or entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing access
to records and information as requested by the board in
connection with the court-ordered assessment and the assessment
requested by the Pennsylvania [Board of Probation and] Parole
Board or the assessment of a delinquent child under section 6358
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board).
* * *
(e) Hearing.--
* * *
(4) A copy of the order containing the determination of
the court shall be immediately submitted to the individual,
the district attorney, the Pennsylvania [Board of Probation
and] Parole Board, the Department of Corrections, the board
and the Pennsylvania State Police.
* * *
(g) Parole assessment.--The Pennsylvania [Board of Probation
and] Parole Board may request of the board an assessment of an
offender or sexually violent predator be conducted and provide a
report to the Pennsylvania Board of Probation and Parole prior
to considering an offender or sexually violent predator for
parole.
* * *
§ 9799.64. Administration.
The Governor shall direct the Pennsylvania State Police, the
Pennsylvania[ Board of Probation and] Parole Board, [the State
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Sexual Offenders Assessment Board] board, the Department of
Corrections, the Department of Transportation and any other
agency of this Commonwealth the Governor deems necessary to
collaboratively design, develop and implement an integrated and
secure system of communication, storage and retrieval of
information to assure the timely, accurate and efficient
administration of this subchapter.
§ 9799.65. Global positioning system technology.
The Pennsylvania [Board of Probation and] Parole Board and
county probation authorities may impose supervision conditions
that include offender tracking through global positioning system
technology.
§ 9799.66. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
(6) The Pennsylvania [Board of Probation and] Parole
Board and its agents and employees.
* * *
§ 9799.67. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
* * *
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Pennsylvania [Board of
Probation and] Parole Board and the chairperson and the
minority chairperson of the Judiciary Committee of the Senate
and the chairperson and the minority chairperson of the
Judiciary Committee of the House of Representatives,
promulgate guidelines necessary for the general
administration of this subchapter. These guidelines shall
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establish procedures to allow an individual subject to the
requirements of sections 9799.55 (relating to registration)
and 9799.60 (relating to verification of residence) to
fulfill these requirements at approved registration sites
throughout this Commonwealth. This paragraph includes the
duty to establish procedures to allow an individual who has a
residence as defined in paragraph (2) of the definition of
"residence" in section 9799.53 (relating to definitions) to
fulfill the requirements regarding registration at approved
registration sites throughout this Commonwealth. The
Pennsylvania State Police shall publish a list of approved
registration sites in the Pennsylvania Bulletin and provide a
list of approved registration sites in any notices sent to
individuals required to register under section 9799.55. An
approved registration site shall be capable of submitting
fingerprints, photographs and other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in the form as the Pennsylvania State
Police shall require. The Pennsylvania State Police shall
require that approved registration sites submit photographs
utilizing the Commonwealth Photo Imaging Network or in
another manner and in the form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites specified in this paragraph.
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* * *
(5) In consultation with the Department of Education and
the Pennsylvania [Board of Probation and] Parole Board,
promulgate guidelines directing licensed day-care centers,
licensed preschool programs, schools, universities and
colleges, including community colleges, on the proper use and
administration of information received under section 9799.62
(relating to other notification).
(6) Immediately transfer the information received from
the Pennsylvania [Board of Probation and] Parole Board under
section 9799.68(2) and (3) (relating to duties of
Pennsylvania [Board of Probation and] Parole Board) and the
fingerprints of a sexually violent predator to the Federal
Bureau of Investigation.
* * *
§ 9799.68. Duties of Pennsylvania [Board of Probation and]
Parole Board.
The Pennsylvania [Board of Probation and] Parole Board shall:
* * *
§ 9799.69. Board.
* * *
(e) Staff.--Support staff for the board shall be provided by
the Pennsylvania [Board of Probation and] Parole Board.
§ 9799.72. Annual performance audit.
(a) Duties of Attorney General.--The Attorney General shall:
(1) Conduct a performance audit annually to determine
compliance with the requirements of this subchapter and
guidelines promulgated under this subchapter. The audit
shall, at a minimum, include a review of the practices,
procedures and records of the Pennsylvania State Police, the
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Pennsylvania [Board of Probation and] Parole Board, the
Department of Corrections, the [State Sexual Offenders
Assessment Board] board, the Administrative Office of
Pennsylvania Courts and any other State or local agency the
Attorney General deems necessary in order to conduct a
thorough and accurate performance audit.
(2) Prepare an annual report of its findings and actions
it recommends be taken by the Pennsylvania State Police, the
Pennsylvania [Board of Probation and] Parole Board, the
Department of Corrections, the [State Sexual Offenders
Assessment Board] board, the Administrative Office of
Pennsylvania Courts, other State or local agencies and the
General Assembly to ensure compliance with this subchapter.
The first report shall be released to the general public not
less than 18 months after February 21, 2018.
(3) Provide a copy of its report to the Pennsylvania
State Police, the Pennsylvania [Board of Probation and]
Parole Board, the Department of Corrections, the [State
Sexual Offenders Assessment Board] board, the Administrative
Office of Pennsylvania Courts, State or local agencies
referenced therein, the chairperson and the minority
chairperson of the Judiciary Committee of the Senate and the
chairperson and the minority chairperson of the Judiciary
Committee of the House of Representatives no less than 30
days prior to the report's release to the general public.
(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State Police,
the Pennsylvania [Board of Probation and] Parole Board, the
Department of Corrections, the [State Sexual Offenders
Assessment Board] board, the Administrative Office of
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Pennsylvania Courts, the Pennsylvania Commission on Sentencing
and any other State or local agency requested to do so shall
fully cooperate with the Attorney General and assist the office
in satisfying the requirements of this section. For purposes of
this subsection, full cooperation shall include, at a minimum,
complete access to unredacted records, files, reports and data
systems.
Section 11. Section 9912(e.1)(10) of Title 42 is amended to
read:
§ 9912. Supervisory relationship to offenders.
* * *
(e.1) Status of seized items.--
* * *
(10) The Pennsylvania [Board of Probation and] Parole
Board may enact regulations that are necessary to implement
this subsection on a uniform basis throughout this
Commonwealth. If regulations are promulgated, a county adult
probation and parole department must comply with the
regulations.
* * *
Section 12. The definition of "board" in section 102 of
Title 61 is amended and the section is amended by adding
definitions to read:
§ 102. Definitions.
The following words and phrases when used in this title shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
Board.
* * *
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"Offender." An individual that has been convicted or found
guilty of a criminal offense by a judge or jury or an individual
that pleads guilty or nolo contendere to a criminal offense at
any time in a court of record.
"Official website." The official Internet website designated
by a municipality or county as its primary method of
electronically communicating with the public about its official
business.
"Parole violator center." An area within the secure
perimeter or on the grounds of a State correctional institution
or contracted county jail that has been designated to house
offenders detained or recommitted by the board for a technical
parole violation.
* * *
Section 13. Title 61 is amended by adding a section to read:
§ 1106. Powers of peace officers.
A chief administrator, deputy superintendent or corrections
officer of a State correctional facility may exercise the powers
of a peace officer in the performance of that individual ' s
duties generally in:
(1) Guarding, protecting and delivering inmates.
(2) Protecting the property and interests of the
department.
(3) Capturing and returning inmates that may have
escaped.
Section 14. Sections 5001, 5002, 5003, 5004, 5005 and 5006
of Title 61 are amended to read:
§ 5001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
["Board." The Pennsylvania Board of Probation and Parole.]
"Chairman." The chairman of the Pennsylvania [Board of
Probation and] Parole Board.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
this chapter.
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) houses offenders pursuant to a contract with the
department; and
(2) is operated in accordance with this chapter.
"Group-based home." Any nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
§ 5002. Department.
The department may do all of the following:
(1) Establish community corrections centers at locations
throughout this Commonwealth approved by the Governor.
(2) Enter into contracts with private vendors to operate
community corrections facilities.
(3) Establish parole violator centers.
§ 5003. Offenders who may be housed.
The following offenders may be housed in community
corrections centers, parole violator centers and community
corrections facilities:
(1) [A parolee under the jurisdiction of] An offender
paroled by the board who is in good standing [with the board]
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as defined in section 6101 (relating to definitions).
(2) [A parolee in accordance with the following] An
offender paroled by the board who:
(i) Except as provided in subparagraph (ii), [a
parolee under the jurisdiction of the board who] is
detained or awaiting a hearing or who has been
recommitted for a technical violation of the conditions
of [parole established by the board] supervision if the
[parolee] offender is eligible to be housed in a
community corrections center, parole violator center or
community corrections facility under section 6138
(relating to violation of terms of parole).
(ii) Subparagraph (i) shall not apply to [a parolee
under the jurisdiction of the board] an offender paroled
by the board who is detained or awaiting a hearing or who
has been recommitted for a technical violation of the
conditions of [parole] supervision established by the
board as a result of the commission of a new crime of
which the [parolee] offender is convicted or found guilty
by a judge or jury or to which the [parolee] offender
pleads guilty or nolo contendere in a court of record.
(3) An offender who is serving the community-based
portion of a sentence of State intermediate punishment may be
housed in a community corrections center or a community
corrections facility.
(4) An offender who has been granted clemency by the
Governor may be housed in a community corrections center or a
community corrections facility.
[(5) Inmates transferred by the department under Chapter
37 (relating to inmate prerelease plans). This paragraph
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shall expire July 1, 2013.]
§ 5004. Authority of Commonwealth employees.
Commonwealth employees of community corrections centers and
parole violator centers and other Commonwealth employees[,
while] present in community corrections facilities, have the
authority to do all of the following:
(1) In order to maintain security and to enforce the
rules of the community corrections center, parole violator
center or community corrections facility:
(i) search the person and property of an offender
residing in the community corrections center, parole
violator center or community corrections facility;
(ii) seize property from an offender residing in the
community corrections center, parole violator center or
community corrections facility; and
(iii) if necessary, use reasonable force against an
offender residing in the community corrections center or
community corrections facility.
(2) Detain, by using reasonable force if necessary, an
offender residing in the community corrections center, parole
violator center or community corrections facility [in order]
to maintain control of the offender pending the arrival of a
department parole agent, police officer or other appropriate
law enforcement officer.
§ 5005. Authority of chairman.
The chairman has the following authority:
[(1) Designate community corrections centers or
community corrections facilities where parolees are to be
housed.
(2) Determine whether parolees are to be housed in a
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secured or unsecured portion of a community corrections
center or community corrections facility.]
(3) Determine, jointly with the [Secretary of the
Department of Corrections] secretary, using evidence-based
practices designed to reduce the likelihood of recidivism and
improve public safety, the appropriate treatment and
programming for [parolees] offenders paroled by the board who
are housed at community corrections centers, parole violator
centers and community corrections facilities.
(4) Audit, jointly with the secretary, the performance
of treatment and services provided by community corrections
centers, parole violator centers and community corrections
facilities.
§ 5006. Escape.
An [individual committed to] offender detained or recommitted
to a community corrections center, parole violator center or a
community corrections facility as a result of a parole violation
shall be deemed to be in official detention under 18 Pa.C.S. §
5121 (relating to escape). An offender living in a community
corrections center or community corrections facility while in
good standing on parole shall not be deemed to be in official
detention under 18 Pa.C.S. § 5121.
Section 15. Title 61 is amended by adding sections to read:
§ 5007. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
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committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based home provider under
subsection (a) may conduct a public hearing concerning the
group-based home provider, its site and its operations.
(2) A governing body conducting a public hearing under
this subsection shall provide public notice of the hearing
via posting on its official publicly accessible Internet
website no less than two weeks prior to the hearing. The
notice shall provide information regarding the purpose,
location and time of the public hearing and a contact number
for interested persons to call in order to obtain additional
information about the hearing. Nothing in this paragraph
shall be construed to prohibit the governing body from
providing public notice via any other means.
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(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
§ 5008. Reporting.
The department shall ensure that any crime committed within a
community corrections center, community corrections facility or
community contract facility is immediately reported to the
appropriate law enforcement agency with jurisdiction over the
community corrections center, community corrections facility or
community contract facility.
Section 16. The heading of Part IV of Title 61 is amended to
read:
PART IV
[PROBATION AND PAROLE] DEPARTMENT OF CORRECTIONS
Section 17. Section 6101 of Title 61 is 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.]
"Agent." A State parole agent appointed by the department.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
Chapter 50 (relating to community corrections centers and
community corrections facilities).
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) provides housing to offenders pursuant to a contract
with the department; and
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(2) is operated in accordance with Chapter 50.
"Conditions of supervision." Any terms or conditions of the
offender's supervision, whether imposed by the court, the
department or an agent, or promulgated by the board as a
regulation, including compliance with all requirements of
Federal, State and local law.
"Contraband." Any item that the offender is not permitted to
possess under the conditions of supervision, including any item
whose possession is forbidden by any Federal, State or local
law.
"Court." A court of common pleas or any judge thereof, the
Philadelphia municipal court or any judge thereof, the
Pittsburgh magistrates court or any judge thereof or any
magisterial district judge.
"Crime of violence." The term shall have the same meaning
given to it under 42 Pa.C.S. § 9714(g) (relating to sentences
for second and subsequent offenses).
"Department supervised offender." An offender under
departmental parole or probationary supervision.
"Detainee." As follows:
(1) an offender housed by the department under 42
Pa.C.S. § 9762 (relating to sentencing proceeding; place of
confinement);
(2) an offender who was being detained by the board on
the day prior to the effective date of this paragraph; or
(3) an offender who has been detained or recommitted as
a convicted parole violator or technical parole violator and
being housed by the department.
"Eligible offender." The term shall have the same meaning
given to it under section 4503 (relating to definitions).
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"Evidence-based practices." Interventions and treatment
approaches that have been proven effective through appropriate
empirical analysis.
"Exigent circumstances." The term includes, but is not
limited to, suspicion that contraband or other evidence of
violations of the conditions of supervision might be destroyed
or suspicion that a weapon might be used. Exigent circumstances
always exist with respect to a vehicle.
"In good standing." An offender who is on parole or reparole
shall be considered in good standing if the offender:
(1) is in compliance with all conditions of supervision;
(2) has not been arrested for or charged with a crime
other than one from which he has been paroled or one for
which he has served the sentence imposed and otherwise
complied with all the sanctions imposed other than the
payment of money;
(3) is not subject to an order of protection from abuse;
and
(4) is in compliance with all legal requirements
applicable to the offender, including, but not limited to,
maintaining registration in any applicable sex offender
registry.
"Personal injury crime." The term shall have the meaning
given to it under section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act.
"Personal search." A warrantless search of a department
supervised offender's person, including, but not limited to, the
department supervised offender's clothing and any personal
property which is in the possession, within the reach or under
the control of the department supervised offender.
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"Property search." A warrantless search of real property,
vehicle or personal property which is in the possession or under
the control of the department supervised offender.
"Real property." Any residence or business property of a
department supervised offender, including all portions of the
property to which the department supervised offender has access.
"Supervisor." Any individual acting in a supervisory or
administrative capacity.
"Victim." The term shall have the meaning given to it under
section 103 of the Crime Victims Act. The term shall also
include a member of the victim's family if the victim is
incapable of communicating or has died.
Section 18. The heading of Subchapter B of Chapter 61 of
Title 61 is amended to read:
SUBCHAPTER B
ADMINISTRATION OF THE PENNSYLVANIA PAROLE BOARD
Section 19. Sections 6111(a) and (d), 6112, 6113, 6116 and
6118 of Title 61 are amended to read:
§ 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.] established as an independent administrative
board for the purpose of granting and revoking paroles to
certain offenders within this Commonwealth. The board shall
function independently of the department regarding all of its
decision-making functions, as well as any other powers and
duties specified in this title.
* * *
(d) Eligibility.--To be eligible to be appointed by the
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Governor for membership on the board, an individual shall have
at least six years of professional experience in parole,
probation, social work or related areas, including one year in a
supervisory or administrative capacity, and [a bachelor's
degree] an advanced degree beyond a bachelor's degree, such as a
master's degree, doctorate degree or juris doctorate degree. Any
equivalent combination of experience and training shall be
acceptable.
* * *
§ 6112. Board chairperson.
(a) Designation by Governor.--The Governor shall, from time
to time, as the occasion may arise, designate one of the members
of the board to be its chairperson who shall:
(1) Direct the operations, management and administration
of the board and fulfill the functions established by this
chapter.
[(2) Secure the effective application of the probation
system in all of the courts of this Commonwealth and the
enforcement of the probation laws.]
(3) Preside at all meetings of the board.
(4) Perform all the duties and functions of chairperson,
including organizing, staffing, controlling, directing and
administering the work of the [staff] board.
(5) Administer the proceedings of the board to ensure
efficient and timely procedures for parole board decisions,
[parole releases,] discharges and recommitments.
(b) Alternate chairperson.--The board may designate one of
its members to act as alternate chairperson during the absence
or incapacity of the chairperson, and, when so acting, the
member so designated shall have and perform all the powers and
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duties of chairperson of the board but shall not receive any
additional compensation for acting as chairperson.
§ 6113. Board action.
(a) Quorum.--
(1) A majority of the board shall constitute a quorum
for transacting business and, except as otherwise provided in
this chapter and Chapter 45 (relating to recidivism risk
reduction incentive), a majority vote of those present at any
meeting shall be sufficient for any official action taken by
the board one or more members of the board may attend and
participate in any meeting via videoconferencing or similar
virtual presence technology.
(2) Except as provided in subsections (b), (c), (d) and
(e) and Chapter 45, no person shall be paroled or discharged
from parole or have his parole revoked, except by a majority
of the entire membership of the board.
(b) Panel decisions.--The board may make decisions on
parole, reparole, return or revocation in panels of two persons.
A panel shall consist of one board member and one hearing
examiner or of two board members. Panels shall be appointed by
the chairperson or the chairperson's designee. A panel may act
without meeting. A panel may meet and take action via
videoconferencing or similar virtual presence technology, with
the exception of in-person testimony under section 502 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act.
(c) Disagreement within panel.--
[(1)] If there is disagreement between the members of a
panel on a decision to parole [between the members of a
panel], revoke parole or recommit an offender, the matter
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shall be decided by a board member appointed by the
chairperson or the chairperson's designee, who shall concur
with one of the original panel members.
[(2) If there is disagreement on a revocation decision
between the members of the panel, the matter shall be decided
by three board members appointed by the chairperson or the
chairperson's designee; at least two of these members must
not have been on the disagreeing panel, if practicable.]
(d) Appeal.--
(1) An [interested party] offender may appeal a
revocation decision within 30 days of the board's order. The
decision shall be reviewed by three board members appointed
by the chairperson or the chairperson's designee.
(2) If practicable, at least two of the board members
reviewing the decision must not have been on the panel whose
decision is being appealed. The three board members deciding
the appeal may affirm, reverse or remand the decision of the
panel or may order the matter be heard de novo.
(e) Decision without review.--Subject to the provisions of
section 6137(g) (relating to parole power), the board or its
designee may issue a decision to parole an eligible offender as
defined under section 4503 (relating to definitions) without
further review by the board.
(f) Decision accountability.--The board shall develop, adopt
and periodically update as deemed necessary, a parole decisional
instrument that is tested prior to implementation, which
incorporates evidence-based practices to assist and inform the
board's professional judgment in the parole decision-making
process.
§ 6116. Meetings.
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(a) General rule.--As soon as may be convenient after their
appointment, the members of the board shall meet and organize.
(b) Appointment of secretary of board.--The [members of the
board] chairperson of the board shall appoint a secretary, who
shall:
(1) [Shall not] Not be a member of the board.
(2) [Shall hold] Hold office at the pleasure of the
[board] chairperson of the board.
(3) [Shall have such powers] Maintain a record of the
proceedings of the board and perform such duties not
inconsistent with any law of this Commonwealth as the board
shall prescribe.
(4) [Shall receive] Receive such compensation as the
board shall determine in conformity with the rules of the
Executive Board.
(c) Temporary secretary of board.--In the absence or
incapacity of the secretary to act, the [board] department may
designate such other person as it may choose to perform
temporarily the duties of the secretary of the board.
(d) Counsel.--Legal counsel for the board shall be appointed
in accordance with the act of October 15, 1980 (P.L.950,
No.164), known as Commonwealth Attorneys Act.
(e) Hearing examiners.-- The following shall apply:
(1) The chairperson of the board may appoint a
sufficient number of individuals to conduct hearings as
required or authorized by this title.
(2) Hearing examiners shall be required to possess an
advanced degree beyond a bachelor's degree, such as a
master's degree, doctorate degree or juris doctorate degree.
§ 6118. Offices.
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[(a) Principal office.--The principal office of the board]
The department shall [be in Harrisburg, and] provide offices for
the board and shall appoint and employ such number and character
of officers, agents, clerks, stenographers and employees as may
be necessary to carry out the purposes of this chapter. The
salaries of persons so appointed and employed by the board shall
be fixed by the [board] department.
[(b) District offices.--The board, with the approval of the
Governor, shall divide the Commonwealth for administrative
purposes into a suitable number of districts, not to exceed ten,
in each of which shall be a district office which shall have
immediate charge of the supervision of cases of probation and
parole arising in the courts of the judicial districts embraced
within its territorial limits, but, as occasion may require, the
supervision of particular parolees may be transferred by the
board to other appropriate parole districts.
(c) Location of district offices.--
(1) The board shall fix and determine the location of
the various district offices within their respective
districts, having regard to local conditions in each district
and to the most convenient and efficient functioning of the
office established in each district.
(2) At each of the locations so fixed and determined,
the board shall provide such office accommodations,
furniture, equipment and supplies as may be reasonably
suitable and adequate for the proper handling and dispatch of
the parole business of the district.
(3) The board may enter into contracts on behalf of the
Commonwealth for such office accommodations, furniture,
equipment and supplies through the Department of General
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Services.
(d) Consideration for fixing compensation.--In fixing
compensation for its officers, clerks and employees under the
provisions of this chapter, the board shall have regard to the
kind, grade or class of service to be rendered, and, whenever
any standard compensation has been fixed by the Executive Board
for any kind, grade or class of service or employment, the
compensation of all persons appointed or employed by the board
in the same kind, grade or class shall be fixed by it in
accordance with such standard.]
Section 20. Sections 6119, 6120 and 6121 of Title 61 are
repealed:
[§ 6119. District directors.
(a) Establishment.--Each district parole office shall have a
district director who:
(1) Shall be appointed by the board, with the approval
of the Governor.
(2) Shall receive such annual salary as the board shall
determine in conformity with the rules of the Executive
Board.
(b) Status and role.--The district director shall be the
executive head of the district office to which the district
supervisor is appointed and shall have the control, management
and direction of all employees of the board assigned to the
district, subject to the supervision of the board.
§ 6120. District office employees.
(a) Board to appoint.--The board shall appoint in the
various district offices a sufficient number of parole officers,
clerks, stenographers and other agents and employees to fully
and efficiently administer the parole laws of this Commonwealth,
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but no employee of the board, other than its secretary and
district supervisors, shall be appointed by the board except in
the manner provided by this chapter.
(b) Salaries and qualifications.--The salaries of the
appointees in subsection (a) shall be fixed by the board. The
board shall from time to time by appropriate rule or regulation
prescribe the qualifications to be possessed by its personnel.
The qualifications shall be such as will best promote the
efficient operation of probation and parole.
§ 6121. Disciplinary action.
(a) General rule.--Except as otherwise provided in
subsection (b), an employee of the board, excluding the
secretary and district supervisors, may be removed, discharged
or reduced in pay or position only for cause and after being
given the reasons therefore in writing and afforded an
opportunity to be heard in answer thereto.
(b) Exception.--An employee may be suspended without pay and
without hearing for a period not exceeding 30 days, but the
reason or reasons for the suspension must be given to the
employee by the board in writing.
(c) Successive suspensions.--There shall not be any
successive suspensions of the same employee under this section.]
Section 21. Section 6122(a)(2) and (c) of Title 61 are
amended to read:
§ 6122. Political activities.
(a) General rule.--No member of the board, or [officer]
agent, clerk or employee thereof, or any person officially
connected with the board:
* * *
(2) Shall serve as a member of or attend the meetings of
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any committee of any political party, or take any part in
political management or political campaigns, or use that
person's office to influence political movements, or to
influence the action of any other [officer] agent, clerk or
employee of the board.
* * *
(c) Dismissal required.--The board shall dismiss any
[officer] agent, clerk or employee thereof who shall violate
this section from that person's office or employment.
Section 22. Sections 6123 and 6124 of Title 61 are 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.
(c) Terms.--
(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.
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(2) The terms of members of the committee who are
appointed by virtue of holding an office as a member of the
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.
§ 6124. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
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previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based home provider under
subsection (a) may conduct a public hearing concerning the
group-based home provider, its site and its operations.
(2) A governing body conducting a public hearing under
this subsection shall provide public notice of the hearing
via posting on its official Internet website no less than two
weeks prior to the hearing. The notice shall provide
information regarding the purpose, location and time of the
public hearing and a contact number for interested persons to
call in order to obtain additional information about the
hearing. Nothing in this paragraph shall be construed to
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prohibit the governing body from providing public notice via
any other means.
(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
(c) Definition.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Group-based home." Any nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
"Official Internet website." The official Internet location
designated by a municipality or county as its primary method of
electronically communicating with the public about its official
business.]
Section 23. Sections 6131 and 6132 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:
[(1) To supervise and make presentence investigations
and reports as provided by law.]
(2) To collect and maintain copies of all presentence
investigations and reports.
[(3) To collect and maintain a record of all persons who
are placed on probation and parole.]
(4) To collect, compile and publish statistical and
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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.
(6) To adopt regulations establishing specific
composition, functions and responsibilities for citizens
advisory committees and to receive reports, recommendations
or other input concerning parole policies and parole-related
concerns from the committees on a regular basis.
(7) To adopt regulations establishing criteria for board
acceptance of cases for supervision and presentence
investigations from counties that on December 31, 1985,
maintained adult probation offices and parole systems.
(8) To enter into contracts for purchasing community
services to assist parolees and to supplement existing
programs.
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(9) To pay the cost of preparole drug screening tests
for inmates within the parole release jurisdiction of the
board, who are confined in a State or local correctional
facility, as required under section 6137 (relating to parole
power).
(10) To enter into contracts which provide for the
continuous electronic monitoring of parolees.
(11) To establish and provide for intensive supervision
units and day reporting centers for the supervision of
parolees.]
(12) To provide information as required under 42 Pa.C.S.
§ 2153(a)(14) (relating to powers and duties) as requested by
the commission.
(13) To incorporate evidence-based practices into parole
decision making[, supervision and the supervision of
technical violators].
[(14) To coordinate the reentry of offenders into the
community using evidence-based practices that are effective
in reducing recidivism.]
(15) To conduct research to identify, to be informed of
and to [apply] recommended recognized evidence-based parole
practices that promote public safety and reduce recidivism.
(16) To conduct outcome and performance analyses on
implemented board programs and practices to enhance public
safety through reduced recidivism.
(b) Court-appointed probation officers to submit information
to [board] department.--A court that appoints a probation
officer shall require the probation officer to submit to the
[board] department such information as the [board] department
may require on forms prescribed and furnished by the [board]
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department.
(c) Access to county records.--The department and the board
shall have free and ready access to all probation and parole
records of any county.
[(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:
"Evidence-based practices." Interventions and treatment
approaches that have been proven effective through appropriate
empirical analysis.]
§ 6132. Specific powers of board involving [parolees]
offenders.
(a) General rule.--The board shall have exclusive power:
(1) [(i)] To parole and reparole, commit and recommit
for violations of parole and to discharge from parole all
[persons sentenced] offenders sentenced to definite or
flat sentences by any court at any time to imprisonment
in a State correctional institution pursuant to 42
Pa.C.S. § 9762 (relating to sentencing proceeding; place
of confinement).
[(ii) This paragraph applies to inmates sentenced to
definite or flat sentences.
(2) (i) To supervise any person placed on parole, when
sentenced to a maximum period of less than two years, by
any judge of a court having criminal jurisdiction, when
the court may by special order direct supervision by the
board, in which case the parole case shall be known as a
special case and the authority of the board with regard
thereto shall be the same as provided in this chapter
with regard to parole cases within one of the
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classifications set forth in this chapter.
(ii) Except for such special cases, the powers and
duties conferred by this section shall not extend to
persons sentenced for a maximum period of less than two
years and shall not extend to those persons committed to
county confinement within the jurisdiction of the court
pursuant to 42 Pa.C.S. § 9762 (relating to sentencing
proceeding; place of confinement).]
(3) To establish special conditions of supervision for
paroled offenders. Conditions of supervision must be based on
the risk presented by and the rehabilitative needs of the
offender. Conditions may be modified pursuant to section 6161
(relating to powers and duties of department) or if the board
or its designee consents to such modification.
(4) To promulgate regulations establishing general
conditions of supervision applicable to every paroled
offender.
(b) Construction.--Nothing contained in this section shall
be construed to prevent a court from paroling any person
sentenced by it for a maximum period of less than two years and
housed in a county correctional facility or from paroling [a
person] an offender committed to county confinement [within the
jurisdiction of the court] pursuant to 42 Pa.C.S. § 9762.
[(c) Definition.--As used in this section, "period of two
years" means the entire continuous term of sentence to which a
person is subject, whether for one or more sentences, either to
simple imprisonment or to an indeterminate imprisonment as
authorized by law to be imposed for criminal offenses.]
Section 24. Section 6133 of Title 61 is repealed:
[§ 6133. Probation services.
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(a) General rule.--The board shall have exclusive power to
supervise any person placed on probation by any judge of a court
having criminal jurisdiction, when the court by special order
directs supervision by the board.
(b) Presentence investigations.--The board shall make
presentence investigations when requested to do so by the court.
(c) Grant-in-aid.--
(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
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.
(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.]
Section 25. Sections 6134, 6134.1, 6136, 6137, 6138, 6139,
6140, 6141 and 6143 of Title 61 are amended to read:
§ 6134. Sentencing court [to transmit records to board]
recommendation.
[(a) Duty to transmit.--A court sentencing any person for a
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term as to which power to parole is given to the board in this
chapter shall transmit to the board, within 30 days after the
imposition of the sentence:
(1) A copy of the notes of testimony of the sentencing
hearing that may have been filed of record in the case.
(2) Copies of any criminal identification records
secured from the Federal Bureau of Investigation.
(3) Copies of presentence investigation reports and
behavior clinic reports, if any were submitted to the court,
the last two of which records, being confidential records of
the court, shall be treated confidentially by the members of
the board, who shall not permit examination of the records by
anyone other than its duly appointed agents or
representatives except upon court order.
(b) Recommendations from judge.--] The following shall
apply:
(1) A judge may make at any time a recommendation to the
board respecting the [person] offender sentenced and the term
of imprisonment the judge believes that [person] offender
should be required to serve before [a] parole is granted to
that [person] offender.
(2) A recommendation made by a judge under paragraph (1)
respecting the parole or terms of parole of [a person] an
offender shall be advisory only. No order in respect to the
recommendation made or attempted to be made as a part of a
sentence shall be binding upon the board or the department in
performing the duties and functions conferred on it by this
chapter.
§ 6134.1. General criteria for parole by court.
(a) Guidelines.--The court may parole or reparole subject to
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consideration of guidelines established under 42 Pa.C.S. §
2154.5 (relating to adoption of guidelines for parole).
(b) Report of decision to commission.--If a court paroles or
reparoles [a person] an offender, the court shall report the
parole or reparole decision and shall provide a contemporaneous
written statement for any deviation from the guidelines
established under 42 Pa.C.S. § 2154.5, to the commission under
42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
(c) Procedure.--
(1) Prior to making a decision to parole [a person] an
offender committed to county confinement within the
jurisdiction of the court pursuant to 42 Pa.C.S. § 9762
(relating to sentencing proceeding; place of confinement)
from a sentence of imprisonment imposed following conviction
for a personal injury crime, each victim who has registered
to receive victim services in connection with the personal
injury crime shall be given an opportunity by the court to
submit a preparole statement to the court expressing concerns
or recommendations regarding the parole or parole supervision
of the [person] offender.
(2) The district attorney shall, immediately following
sentence in cases where a sentence of confinement has been
imposed and the sentenced [person] offender remains within
the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762,
notify all registered victims that they shall have the
opportunity to submit a preparole statement to the court.
(3) Victims shall notify the court of their intention to
submit a preparole statement and shall provide and keep
current an appropriate mailing address.
(4) Preparole statements submitted pursuant to this
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subsection shall be subject to the confidentiality provisions
contained in section 6140 (relating to victim statements,
testimony and participation in hearing) applicable to
preparole statements submitted to the board and shall be
considered by the court prior to any parole decision, and
each victim submitting a preparole statement shall be given
notice of the court's parole decision.
[(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Personal injury crime." The term shall have the meaning set
forth in section 103 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.
"Victim." The term shall mean, in addition to the meaning
set forth in section 103 of the act of November 24, 1998 (P.L.
882, No.111), known as the Crime Victims Act, a member of the
victim's family if the victim is incapable of communicating or
has died.]
§ 6136. Right of access to [inmates] offenders.
All prison officials shall:
(1) At all reasonable times grant access to any [inmate]
offender whom the board has power to parole to the members of
the board or its properly accredited representatives.
(2) At all reasonable times provide for the board or its
properly accredited representative facilities for
communicating with and observing an [inmate] detainee while
imprisoned. Such facilities may, at the discretion of the
prison officials, be provided via videoconferencing or
similar virtual presence technology.
(3) Furnish to the board [from time to time such], no
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fewer than 90 days prior to a scheduled parole interview or
if an interview is scheduled to be held within less than 90
days, as quickly as possible after such public officials are
informed of such interview, reports concerning the conduct of
[inmates] offenders in their custody [as the board shall by
general rule or special order require,] together with any
other facts deemed pertinent in aiding the board to determine
whether such [inmates] offenders shall be paroled.
§ 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) and such information
developed by or furnished to the board under section 6164
(relating to investigation of circumstances of offense), or
both, and may release on parole any [inmate] offender to whom
the power to parole is granted to the board by this chapter,
except an [inmate] offender condemned to death or serving
life imprisonment, whenever in its opinion:
(i) The best interests of the [inmate] offender
justify or require that the [inmate] offender be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the [inmate's] offender's
parole.
(2) Parole shall be subject in every instance to the
Commonwealth's right to immediately retake and hold in
custody without further proceedings any [parolee] offender
charged after his parole with an additional offense until a
determination can be made whether to continue his parole
status.
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(3) The power to parole granted under this section to
the board may not be exercised in the board's discretion at
any time before, but only after, the expiration of the
minimum term of imprisonment fixed by the court in its
sentence or by the Board of Pardons in a sentence which has
been reduced by commutation.
(3.1) (i) Following the expiration of the [inmate's]
offender's minimum term of imprisonment, if the primary
reason for not paroling the [inmate] offender is the
[inmate's] offender's inability to access and complete
prescribed programming within the correctional
institution, the board may release the [inmate] offender
on parole with the [condition] recommendation that the
[inmate] offender complete the prescribed programming
while on parole.
(ii) This paragraph shall not apply to offenders who
are currently serving a term of imprisonment for a crime
of violence as defined in 42 Pa.C.S. § 9714 (relating to
sentences for second and subsequent offenses) or for a
crime requiring registration under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders).
(iii) For those [inmates] offenders to whom
subparagraph (ii) is applicable, the board may release
the [inmate] offender on parole if the [inmate] offender
is subject to another jurisdiction's detainer, warrant or
equivalent writ.
(4) Unless the [inmate] offender has served at least one
year in a community corrections center or community
corrections facility, the board shall not act upon an
application of an [inmate] offender who is granted clemency
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by the Governor, is subject to parole supervision and:
(i) whose term of imprisonment was commuted from
life to life on parole;
(ii) who was serving a term of imprisonment for a
crime of violence; or
(iii) who is serving a sentence under 42 Pa.C.S. §
9712 (relating to sentences for offenses committed with
firearms).
(5) Upon parole, [a parolee] an offender subject to
paragraph (4) shall:
(i) be subject to weekly supervision for the first
six months of parole; and
(ii) have any violations of a condition of parole
immediately made known to the Board of Pardons. This
subparagraph shall apply to all [parolees] offenders
under supervision by other jurisdictions under Subchapter
B of Chapter 71 (relating to interstate compact for the
supervision of adult offenders).
(b) Cases involving deviations from guidelines.--In each
case in which the board deviates from the guidelines established
under 42 Pa.C.S. § 2154.5, the board shall provide a
contemporaneous written statement of the reason for the
deviation from the guidelines to the commission as established
under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
The board may develop and use internal decisional instruments.
This subsection shall not be construed to prevent the board from
also developing forms or other documents, policies and
procedures consistent with this chapter, including internal
decisional instruments.
(c) Administrative parole.--
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(1) An eligible offender shall be placed on
administrative parole one year after release on parole and
until the maximum sentence date if the [board's] department's
supervision staff determines that:
(i) (A) the eligible offender has not violated the
terms and conditions of the eligible offender's
parole; or
(B) the eligible offender has not been subject
to the extensive use of sanctions prior to the
completion of one year from the date of release on
parole; and
(ii) there is no substantial information indicating
dangerousness or that placement on administrative parole
would compromise public safety.
(2) An eligible offender placed on administrative parole
shall continue to be subject to recommitment at the board's
discretion and shall be subject to the board's power to
recommit and reparole, recommit and review or otherwise
impose sanctions at its discretion until the eligible
offender's maximum sentence date.
(3) An eligible offender placed on administrative parole
shall do all of the following:
(i) Make supervision contact at least one time per
year.
(ii) Provide updated contact information upon a
change in residence or employment.
(iii) Continue to pay any restitution owed.
(iv) Comply with other requirements imposed by the
board or the department.
(d) Recidivism risk reduction incentive minimum.--The board
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shall have the power and its duty shall be to comply with the
requirements of section 4506 (relating to recidivism risk
reduction incentive minimum).
(e) Drug screening tests.--
(1) The [board] department may not release [a person] an
offender on parole unless the [person] offender achieves a
negative result within 45 days prior to the date of release
in a screening test approved by the Department of Health for
the detection of the presence of controlled substances or
designer drugs under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
[(2) The cost of these preparole drug screening tests
for inmates subject to the parole release jurisdiction of the
board, whether confined in a correctional institution or
county prison, shall be paid by the board. The board shall
establish rules and regulations for the payment of these
costs and may limit the types and cost of these screening
tests that would be subject to payment by the board.]
(3) [(i) The board shall establish, as a condition of
continued parole for a parolee] Every offender who is
released on parole who, as an [inmate] detainee, tested
positive for the presence of a controlled substance or a
designer drug or who was paroled from a sentence arising
from a conviction under The Controlled Substance, Drug,
Device and Cosmetic Act or from a drug-related crime,
[the parolee's achievement of] shall, without further
action of the board, be subject to an ongoing condition
that the offender achieve negative results in [such] drug
screening tests randomly applied.
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[(ii) The random screening tests shall be performed
at the discretion of the board, and the parolee
undergoing the tests shall be responsible for the costs
of the tests.
(iii) The funds collected for the tests shall be
applied against the contract for such testing.]
(4) For [a parolee] an offender who was not paroled from
a sentence arising from a conviction under The Controlled
Substance, Drug, Device and Cosmetic Act or from a drug-
related crime, the board may [establish] recommend to the
department, as a condition of [parole] supervision, that the
[parolee] offender achieve negative results in drug screening
tests randomly conducted. The [parolee] offender shall be
responsible for testing costs.
(f) Crimes of violence.--The board may not order the release
[on parole a person] of an offender on parole who is sentenced
after February 19, 1999, and is serving a sentence for a crime
of violence unless the [person] offender has received
instruction from the [Department of Corrections] department on
the impact of crime on victims and the community.
(g) Procedure.--
(1) The department shall identify all [inmates]
detainees committed to the custody of the department that
meet the definition of an eligible offender.
(2) Upon identification of an [inmate] detainee as an
eligible offender, the department shall send notice to the
board. The [board] department shall send notice to the
prosecuting attorney and the court no [less] fewer than six
months before the expiration of the [inmate's] detainee's
minimum sentence indicating that the department has
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preliminarily identified the inmate as an eligible offender.
The notice shall be sent by United States mail unless the
[board] department, the court and the prosecutor have
consented to receipt of notice via electronic means. For
[inmates] detainees committed to the department whose
expiration of the minimum sentence is six months or less from
the date of admission, the department shall give prompt
notice.
(3) Within 30 days of receipt of notice under paragraph
(2), the court or prosecuting attorney may file with the
board a written objection to the department's preliminary
identification of the [inmate] detainee as an eligible
offender. Notice of the objection shall be provided to the
department [and the board].
(4) If no notice of objection has been filed under
paragraph (3), the [board or its designee shall approve for
parole] eligible offender shall be released on parole at the
expiration of the eligible offender's recidivism risk
reduction minimum [date] sentence upon a determination by the
board that all of the following apply:
(i) The department certified that the [inmate]
detainee has maintained a good conduct record and
continues to remain an eligible offender.
(ii) The reentry plan for the [inmate] detainee is
adequate.
(iii) Individual conditions and requirements for
parole have been established for the offender.
(iv) There is no reasonable indication that the
[inmate] detainee poses a risk to public safety.
(5) If the court or prosecuting attorney files a timely
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objection under paragraph (3), the board shall make a
determination as to whether the [inmate] detainee is an
eligible offender. The board shall notify the department,
prosecuting attorney and court of its determination no later
than 30 days prior to the minimum parole date. If the board
determines that the [inmate] detainee is an eligible offender
under this chapter, the board shall follow the provisions
under paragraph (4). If the board determines that the
[inmate] detainee is not an eligible offender under section
4503 (relating to definitions), the board shall retain
exclusive jurisdiction to grant parole and shall determine
whether the [inmate] detainee should be:
(i) paroled at the minimum [date,] sentence, as set
forth in 42 Pa.C.S. § 9752 (relating to sentencing
proceeding generally);
(ii) paroled at a later date; or
(iii) denied parole.
(6) Nothing in this subsection shall be construed as
granting a right to be paroled to any person, and any
decision by the board and its designees or the department,
under this section shall not be considered an adjudication
under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and Ch. 7 Subch. A
(relating to judicial review of Commonwealth agency action).
[(7) Except as provided under this subsection, nothing
in this chapter shall otherwise affect the powers and duties
of the board or the department.]
(h) Power to recommit.--
(1) The board may, during the period for which an
[inmate] offender shall have been sentenced, recommit the
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[inmate] offender, if paroled, for violation of the terms and
conditions of his parole and from time to time to reparole
and recommit in the same manner and with the same procedure
as in the case of an original parol or recommitment if, in
the judgment of the board:
(i) There is a reasonable probability that the
[inmate] offender will be benefited by paroling the
[inmate] offender again.
(ii) It does not appear that the interests of the
Commonwealth will be injured by paroling the [inmate]
offender again.
(2) In exercising these powers, the board shall consider
any applicable recommitment ranges established by the
commission under 42 Pa.C.S. § 2154.6 (relating to adoption of
recommitment ranges following revocation of parole by board).
(i) Cases involving deviations from guidelines.--In each
case in which the board deviates from the recommitment ranges
established under 42 Pa.C.S. § 2154.6, the board shall provide a
contemporaneous written statement of the reason for the
deviation from the recommitment ranges to the commission, as
established under 42 Pa.C.S. § 2153(a)(14).
(j) Notice to county probation department.--When the board
releases [a parolee] an offender from a correctional facility,
the board shall provide written notice to the probation
department located in the county where the sentencing order was
imposed of the release and new address of the [parolee]
offender.
[(k) Definitions.--The following words and phrases shall
have the meanings given to them in this subsection unless the
context clearly indicates otherwise:
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"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
"Eligible offender." As defined in section 4503 (relating to
definitions).]
§ 6138. Violation of terms of parole.
(a) Convicted violators.--
(1) [A parolee under the jurisdiction of the board
released from a correctional facility who,] The board may, at
its discretion, revoke the parole of a paroled offender if
the offender, during the period of parole or while delinquent
on parole, commits a crime punishable by imprisonment, for
which the [parolee] offender is convicted or found guilty by
a judge or jury or to which the [parolee] offender pleads
guilty or nolo contendere at any time thereafter in a court
of record[, may at the discretion of the board be recommitted
as a parole violator].
(2) If the [parolee's recommitment is so ordered, the
parolee shall be reentered] offender's parole is revoked, the
offender shall be recommitted to serve the remainder of the
term which the [parolee] offender would have been compelled
to serve had the parole not been granted and, except as
provided under paragraph (2.1), shall be given no credit for
the time at liberty on parole.
(2.1) The board may, in its discretion, award credit to
[a parolee] an offender recommitted under paragraph (2) for
the time spent at liberty on parole, unless any of the
following apply:
(i) The crime committed during the period of parole
or while delinquent on parole is a crime of violence [as
defined in 42 Pa.C.S. § 9714(g) (relating to sentences
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for second and subsequent offenses)] or a crime requiring
registration under 42 Pa.C.S. Ch. 97 Subch. H (relating
to registration of sexual offenders).
(ii) The [parolee] offender was recommitted under
section 6143 (relating to early parole of [inmates]
offenders subject to Federal removal order).
(3) The board may, in its discretion, reparole whenever,
in its opinion, the best interests of the [inmate] offender
justify or require the [inmate's] offender's release on
parole and it does not appear that the interests of the
Commonwealth will be injured thereby.
(4) The period [of time] for which the [parole violator]
offender is required to serve shall be [from and] computed by
the department and shall begin on the date that the parole
violator is taken into custody to be returned to the
institution as [a parole violator] an offender.
(5) If a new sentence is imposed on the [parolee]
offender, the service of the balance of the term originally
imposed by a Pennsylvania court shall precede the
commencement of the new term imposed in the following cases:
(i) If a person is paroled from a State correctional
institution and the new sentence imposed on the person is
to be served in the State correctional institution.
(ii) If a person is paroled from a county prison and
the new sentence imposed upon him is to be served in the
same county prison.
(iii) In all other cases, the service of the new
term for the latter crime shall precede commencement of
the balance of the term originally imposed.
(5.1) If the [parolee] offender is sentenced to serve a
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new term of total confinement by a Federal court or by a
court of another jurisdiction because of a verdict or plea
under paragraph (1), the [parolee] offender shall serve the
balance of the original term before serving the new term.
(6) [Where the new term is to be served last or the
balance of the term originally imposed by a Pennsylvania
court is to be served last, and the service is, in either
case, in any correctional facility:
(i)] Any [person] offender upon recommitment shall
be sent to the institution [as shall be] designated by
the [Secretary of Corrections or his] secretary or a
designee.
[(ii) Any female person shall be recommitted to the
State Correctional Institution at Muncy.]
(b) Subsequent arrest.--
(1) The formal filing of a charge after parole against
[a parolee] an offender within this Commonwealth for any
violation of the laws of this Commonwealth shall constitute
an automatic detainer and permit the [parolee] offender to be
taken into and held in custody.
(2) The automatic detainer shall dissolve 15 days after
the [parolee] offender is taken into custody unless sooner
waived or otherwise superseded by direction of the
[supervising parole office] department or its designee.
(3) The automatic detainer shall be in addition to and
not in lieu of any other detainer that prior to the effective
date of this chapter may have been lodged in such
circumstances.
(c) Technical violators.--
(1) [A parolee] An offender under the jurisdiction of
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the board who violates the terms and conditions of his
parole, other than by the commission of a new crime of which
the [parolee] offender is convicted or found guilty by a
judge or jury or to which the [parolee] offender pleads
guilty or nolo contendere in a court of record, may be
detained pending a hearing before the board or waiver of the
hearing or recommitted after a hearing before the board or a
waiver of the hearing. Detention and recommitment under this
paragraph shall be in a community corrections center [or],
community corrections facility or parole violator center,
unless the board determines that one of the following
conditions is present:
(i) The violation was sexual in nature.
(ii) The violation involved assaultive behavior.
(iii) The violation involved possession or control
of a weapon.
(iv) The [parolee] offender has absconded[, and the
parolee] and cannot be safely [diverted to] housed in a
community corrections center [or], community corrections
facility or parole violator center.
(v) There exists an identifiable threat to public
safety, and the [parolee] offender cannot be safely
diverted to a community corrections center [or],
community corrections facility[.] or a parole violator
center because:
(A) the offender has threatened harm to a member
of the public or a Commonwealth employee;
(B) the offender has been recommitted as a
technical parole violator because of a conviction for
a summary offense in a court;
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(C) the offender has been previously recommitted
to a community corrections center, community
corrections facility or parole violator center and
served 61 days or more in disciplinary custody
following the previous recommitment; or
(D) the department does not have an available
bed in a community corrections center or parole
violator center or an entity with whom the department
contracts does not have an available bed in a
community corrections facility because of a
restriction imposed by the provisions of a Federal,
State or local statute.
(1.1) If the board determines that a condition under
paragraph (1) applies, the [parolee] offender shall be
detained [in or recommitted to] or housed in a State
correctional institution or contracted county jail.
(1.2) Every offender ' s recommitment to a community
corrections center, community corrections facility or parole
violator center shall be subject to a condition that the
offender comply with the rules of conduct applicable to the
place where the offender is housed. The department may, at
its discretion, place an offender accused of violating the
rules of conduct in a State correctional institution or
contracted county jail, pending an investigation or
disciplinary hearing, or serve a disciplinary sanction under
the department ' s procedures, or both.
(2) If the [parolee] offender is recommitted under this
subsection, the [parolee] offender shall be given credit for
the time served on parole in good standing but with no credit
for delinquent time and may be reentered to serve the
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remainder of the original sentence or sentences.
(3) The remainder shall be computed by the [board]
department from the time the [parolee's] offender's
delinquent conduct occurred for the unexpired period of the
maximum sentence imposed by the court without credit for the
period the [parolee] offender was delinquent on parole. The
[parolee] offender shall serve the remainder so computed from
the date the [parolee] offender is taken into custody [on the
warrant of the board] by the department's agent.
(4) Subject to subsection (e), the [parolee] offender
shall be subject to reparole by the board whenever in its
opinion the best interests of the [inmate] offender justify
or require the [parolee] offender being reparoled and it does
not appear that the interests of the Commonwealth will be
injured reparoling the [parolee] offender.
(5) Parole violators shall be supervised in accordance
with evidence-based practices that may include:
(i) Consideration of whether the offender poses a
risk of safety to the community or himself.
(ii) The [board's] department's capacity to deliver
programs that address criminal thinking behavior and
related crime- producing factors.
(iii) Use of community-based sanctioning
alternatives to incarceration.
(iv) Use of a graduated violation sanctioning
process.
(v) Recommitment to:
(A) a State correctional institution;
(B) a contracted county jail;
(C) a community corrections center; [or]
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(D) a community corrections facility[.]; or
(E) a parole violator center.
[(7) A parolee detained or recommitted to a community
corrections center or community corrections facility under
paragraph (1) shall be segregated from other offenders
located at the facility.]
(8) An offender released from a county correctional
facility by a parole order issued by a sentencing court, but
supervised by the department who violates the conditions of
parole other than by the commission of a new crime of which
the offender is convicted or found guilty by a judge or jury
or to which the offender pleads guilty or nolo contendere in
a court of record, may be detained pending a hearing before
the sentencing court or a waiver of the hearing. Detention
and recommitment under this paragraph shall be to the county
correctional facility from which the offender was released.
(d) Recommitment to correctional facility.--[A] Except as
provided in paragraph (1.3) or (4), a technical violator
recommitted to a State correctional institution or a contracted
county jail under subsection (c) shall be recommitted [as
follows:
(1) If paroled from a county prison, to the same
institution or to any other institution to which the violator
may be legally transferred.
(2) If paroled from a State correctional institution, to
any State correctional institution or contracted county jail
designated by the department.
(3) Except as set forth in paragraph (4) or (5), the
parolee shall be recommitted] for one of the following
periods, at which time the [parolee] offender shall
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automatically be reparoled without further action by the
board:
[(i)] (1.1) For the first recommitment under this
subsection, a maximum period of six months.
[(ii)] (1.2) For the second recommitment under this
subsection for the same sentence, a maximum of nine
months.
[(iii)] (1.3) For the third or subsequent
recommitment under this subsection for the same sentence,
a maximum of one year.
(4) The [parolee] offender may be reparoled by the board
prior to expiration of the time [period under paragraph (3)]
periods under paragraph (1.1), (1.2) or (1.3) if the board
determines that it is in the best interest of the
Commonwealth and the [parolee] offender.
(5) The time [limit under paragraph (3)] limits under
paragraph (1.1), (1.2) or (1.3) shall not be applicable to [a
parolee] an offender who:
(i) committed a disciplinary infraction involving
assaultive behavior, sexual assault, a weapon or
controlled substances;
(ii) spent more than 90 days in segregated housing
due to one or more disciplinary infractions; or
(iii) refused programming or a work assignment.
(e) Recommitment to community corrections center [or],
community corrections facility or parole violator center.--
(1) A technical violator recommitted to a community
corrections center [or], community corrections facility or
parole violator center under subsection (c) shall be
recommitted for a maximum period of six months, after which
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the [parolee] offender shall automatically be reparoled
without further action by the board.
(2) [A parolee] An offender under paragraph (1) may be
reparoled by the board prior to expiration of the six-month
period if the board determines that it is in the best
interest of the Commonwealth and the [parolee] offender.
(3) This subsection shall not apply to [a parolee who is
not in good standing with the board.] an offender who:
(i) commits a disciplinary infraction involving
assaultive behavior, sexual assault, a weapon or
controlled substances;
(ii) spends more than 61 days in segregated housing
due to one or more disciplinary infractions;
(iii) refuses programming or a work assignment; or
(iv) is not in compliance with all legal
requirements applicable to the offender, including, but
not limited to, maintaining registration in any
applicable sex offender registry.
[(f) 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:
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
Chapter 50 (relating to community corrections centers and
community corrections facilities).
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) houses offenders pursuant to a contract with the
department; and
(2) is operated in accordance with Chapter 50.
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"Contracted county jail." A county correctional facility
which has contracted with the department to provide correctional
or other services.
"State correctional institution." Any of the following owned
and operated by the Commonwealth:
(1) A correctional facility.
(2) A prison.
(3) A jail.]
§ 6139. Parole procedure.
(a) Specific requirements.--
(1) The board may, subject to the provisions and
limitations set forth in section 6138 (relating to violation
of terms of parole), grant [paroles of] parole on its own
motion whenever in its judgment the interests of justice
require the granting of [these paroles] parole.
(2) The board shall consider applications for parole by
an [inmate] offender or the [inmate's] offender's attorney.
(3) Notwithstanding the provisions of paragraph (2), the
board shall not be required to consider nor dispose of an
application by an [inmate] offender or an [inmate's]
offender's attorney where a parole decision has been issued
by the board on that case within one year of the date of the
current application for parole.
(3.1) Notwithstanding paragraphs (2) and (3), the board
shall not be required to consider nor to dispose of an
application by an [inmate] offender or an [inmate's]
offender's attorney in the case of an [inmate] offender
sentenced under 18 Pa.C.S. § 1102.1 (relating to sentence of
persons under the age of 18 for murder, murder of an unborn
child and murder of a law enforcement officer) if a parole
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decision has been issued by the board within five years of
the date of the current application.
(3.2) Nothing under this section shall be interpreted as
granting a right to be paroled to any [person] offender, and
a decision by the board and its designees relating to [a
person] an offender sentenced under 18 Pa.C.S. § 1102.1 may
not be considered an adjudication under 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(4) Hearings of applications [shall] may be held by the
board whenever in its judgment hearings are necessary.
Reasonable rules and regulations shall be adopted by the
board for the presentation and hearing of applications for
parole.
(5) Whenever an [inmate] offender is paroled by the
board, [whether of its own motion or after hearing of an
application for parole,] or whenever [an application for]
parole is refused by the board, a brief statement of the
reasons for the board's action shall be filed of record in
the offices of the board and shall be at all reasonable times
open to public inspection.
(6) In no case shall a parole be granted[, or an
application for parole be dismissed,] unless a board member,
hearing examiner or other person so designated by the board
shall have [seen and heard] interviewed the [parolee]
offender in person in regard thereto within six months prior
to the granting or dismissal thereof. Such in-person
interviews may be conducted via videoconferencing or similar
virtual presence technology.
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(7) The board shall dispose of [the] an application
within six months of its filing.
(b) Reliance on reports.--In granting and revoking paroles
and in discharging from parole, the members of the board acting
thereon shall not be required to personally hear or see all the
witnesses and evidence submitted to them for their action, but
they may act on the report submitted to them by [their] the
department's agents and employees, together with any pertinent
and adequate information furnished to them by fellow members of
the board or by others.
(c) Notice to district attorney.--At least ten days before
paroling an [inmate] offender on its own motion, the board shall
give written notice of the contemplated parole to the district
attorney of the county in which the [inmate] offender was
sentenced, and, in cases of hearings on applications for parole
as provided for in this section, at least ten days' written
notice of the time and place fixed for such hearing shall be
given either by the board or by the [applicant] offender or the
offender's attorney, as the board shall direct, to the court and
district attorney of the county in which the [applicant]
offender was sentenced.
§ 6140. Victim statements, testimony and participation in
hearing.
(a) Duty of district attorney to provide notice.--
(1) The victim of the offense for which an [inmate]
offender is sentenced shall be notified by the district
attorney immediately following sentencing, in cases where the
defendant has been sentenced to a term of imprisonment, that
the victim or family member shall have the opportunity to
present a statement for the parole report to be considered at
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the parole hearing or to testify to the [parole] board
expressing his opinion concerning the release of the [inmate]
detainee.
(2) The district attorney shall provide notice to a
member of the immediate family of the victim if the victim:
(i) is a juvenile;
(ii) is incapable of testifying; or
(iii) died as a result of the [defendant's]
offender's conduct.
(b) Notice of intent to submit statement.--In order to
submit a statement under subsection (a), a victim or family
member must notify the board of his intention to do so and
provide and keep current an appropriate mailing address with the
board.
(c) Contents of parole [report] statement.--The parole
[report] statement may include [a statement] discussion
concerning:
(1) The continuing nature and extent of any physical
harm or psychological or emotional harm or trauma suffered by
the victim.
(2) The extent of any loss of earnings or ability to
work suffered by the victim.
(3) The continuing effect of the crime upon the victim's
family.
(d) Notice to persons who previously contacted the [board]
Office of Victim Advocate.--
(1) At the time public notice is given that an [inmate]
offender is being considered for parole pursuant to this
section, the [board] Office of Victim Advocate shall also
notify any victim or nearest relative who has previously
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contacted the [board] Office of Victim Advocate of the
[availability] opportunity to provide a statement for
inclusion in the parole report or to present testimony for
inclusion at the parole hearing.
(2) The [board] Office of Victim Advocate shall notify
the [person] victim or family member identified under
paragraph (1) at [the] that person's last known mailing
address. The notification required by this section shall be
given by the [board] Office of Victim Advocate in the case of
a parole to be granted pursuant to section 6139 (relating to
parole procedure) or by the court in the case of a parole to
be granted pursuant to section [6133] 6162 (relating to
probation services).
(e) Notice of intent to present testimony.--The victim or
family member shall notify the [board] Office of Victim Advocate
which shall notify within 30 days from the date of the notice of
his intent to present testimony at the parole hearing. This time
period may be waived by the [board] Office of Victim Advocate
for good cause.
(f) Referral to hearing officer.--If the victim or family
member submits a written statement to the board through the
Office of Victim Advocate subsequent to notice, the statement
shall be made a part of the board's file on the [inmate]
offender, and the [inmate's] offender's case shall be referred
to a hearing officer designated to conduct parole release
hearings.
(g) Assignment to hearing examiner.--If the victim or family
member informs the board through the Office of Victim Advocate
subsequent to notice being provided that [the person intends]
they intend to testify, the chairperson shall assign the
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[inmate's] offender's case to a hearing examiner for the purpose
of receiving the person's testimony.
(h) Hearing procedure.--
(1) The assigned hearing examiner shall conduct a
hearing within 30 days from the date the board received
notification of the intent to offer testimony.
(2) The hearing shall be conducted at a time and place
and on a date determined by the chairperson or designee.
Notice of the time, place and date of the hearing shall be
provided by the Office of Victim Advocate to the victim or
family member, in writing, and shall be [mailed] provided at
least ten days prior to the hearing date.
(3) The hearing shall be recorded by an electronic
recording device.
(4) The hearing examiner shall prepare a written
[report] statement within a reasonable [amount of] time prior
to the hearing date. A copy of the [report] statement shall
be forwarded to the person offering testimony. A copy of the
report shall be made a part of the board's file on the
[inmate] offender.
(5) Upon completion of the written [report] statement,
the [inmate's] offender's case shall be referred to a hearing
examiner designated to conduct parole release hearings.
(6) (i) The hearing scheduled pursuant to this section
shall be conducted, when possible, prior to a parole
release hearing and prior to the board rendering a
decision.
(ii) Nothing in this section shall be construed to
preclude the board from conducting a timely parole
release hearing.
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(7) After submission of the [report] statement, the
board shall within a reasonable [amount of] time:
(i) Evaluate the information provided.
(ii) Determine whether the decision shall be
affirmed or modified.
(iii) Determine whether a rescission hearing shall
be conducted.
(iv) Notify the [inmate] offender in writing of its
decision.
(8) Notwithstanding any other provision of law, any and
all statements or testimony of the victim or family member
submitted to the board or the Office of Victim Advocate
pertaining to:
(i) the continuing nature and extent of any physical
harm or psychological or emotional harm or trauma
suffered by the victim;
(ii) the extent of any loss of earnings or ability
to work suffered by the victim; and
(iii) the continuing effect of the crime upon the
victim's family:
(A) Shall be deemed confidential and privileged.
(B) Shall not be subject to subpoena or
discovery.
(C) Shall not be introduced into evidence in any
judicial or administrative proceeding.
(D) Shall not be released to the [inmate]
offender.
(9) All records maintained by the board or the Office of
Victim Advocate pertaining to victims shall be kept separate.
Current address, telephone numbers and any other personal
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information of the victim and family members shall be deemed
confidential.
(10) Notwithstanding any other provision of law, no
person who has had access to a report, record or any other
information under this section shall disclose the content of
the report, record or other information or testify in a
judicial or administrative proceeding without the written
consent of the victim.
(11) A victim or the family member who has submitted a
written statement for the parole report or testified at a
hearing pursuant to this section shall be notified by the
board through the Office of Victim Advocate of the final
decision rendered in the [inmate's] offender's case.
(12) If the final decision is to not release the
[inmate] offender and if, subsequent to that decision,
additional parole release hearings are conducted for that
same [inmate] offender, then the victim or family member who
has submitted a written statement for the parole report or
who has testified at a hearing pursuant to this section shall
be notified by the board through the Office of Victim
Advocate at the last known address if and when additional
parole hearings are scheduled by the board.
§ 6141. General rules and special regulations.
The board may make general rules for the conduct and
supervision of [persons placed on parole] offenders and may, in
particular cases, as it deems necessary to effectuate the
purpose of parole, prescribe special regulations for particular
persons.
§ 6143. Early parole of [inmates] offenders subject to Federal
removal order.
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(a) Eligibility.--Notwithstanding any other provision of
law, the board may parole an [inmate] offender into the custody
of the United States Immigration and Customs Enforcement for
deportation prior to the expiration of the [inmate's] offender's
minimum term of imprisonment if all of the following
requirements are satisfied:
(1) The board has received [a final] an order of removal
for the [inmate] offender from the United States Immigration
and Customs Enforcement.
(2) The [inmate] offender is at least 18 years of age
and is not a native or citizen of the United States.
(3) The offender has never been convicted or adjudicated
delinquent of a crime of violence or a crime requiring
registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders).
(4) The board certifies that removal of the [inmate]
offender is appropriate and in the best interests of the
Commonwealth.
(5) The [inmate] offender has been advised of all of the
following:
(i) Unlawful reentry into the United States will
result in the [inmate's] offender's return to the
department to serve the remainder of the [inmate's]
offender's maximum term of imprisonment without the
possibility of parole.
(ii) If the [inmate] offender reenters the United
States and commits a criminal offense, upon conviction
the [inmate] offender shall be subject to 42 Pa.C.S. §
9720.3 (relating to sentencing for certain paroled
offenders).
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(iii) Reentry into the United States may subject the
[inmate] offender to prosecution by the United States
under 8 U.S.C. § 1326 (relating to reentry of removed
aliens).
(b) Parole discretionary.--The decision to parole an
[inmate] offender under subsection (a) shall be within the sole
discretion of the board. Nothing under this section shall be
construed to confer a legal right upon the [inmate] offender to
parole under subsection (a).
(c) Return of [inmate] offender by United States.--If the
United States Immigration and Customs Enforcement is unable to
or does not deport the [inmate] offender, the [inmate] offender
shall be returned to the custody of the department and the board
shall rescind the [inmate's] offender's parole.
(d) Unlawful reentry.--An [inmate] offender paroled under
this section who returns unlawfully to the United States shall
be given a hearing before the board and recommitted as a parole
violator upon a determination by the board that the [inmate]
offender did unlawfully return to the United States. Upon
recommitment, the [inmate] offender shall be required to serve
the remainder of the [inmate's] offender's maximum term of
imprisonment without the possibility of parole. The [inmate]
offender shall not be entitled to credit for any time on parole
under this section.
[(e) Definition.--As used in this section, the term "crime
of violence" shall be defined as provided in 42 Pa.C.S. §
9714(g) (relating to sentences for second and subsequent
offenses).]
Section 26. Subchapter D of Chapter 61 of Title 61 is
repealed:
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[SUBCHAPTER D
STATE PAROLE AGENTS
Sec.
6151. Definitions.
6152. Status as peace officers.
6153. Supervisory relationship to offenders.
§ 6151. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agent." A State parole agent appointed by the board.
"Conditions of supervision." Any terms or conditions of the
offender's supervision, whether imposed by the court, the board
or an agent, including compliance with all requirements of
Federal, State and local law.
"Contraband." Any item that the offender is not permitted to
possess under the conditions of supervision, including any item
whose possession is forbidden by any Federal, State or local
law.
"Court." The court of common pleas or any judge thereof, the
Philadelphia Municipal Court or any judge thereof, the
Pittsburgh Magistrates Court or any judge thereof or any
magisterial district judge.
"Exigent circumstances." The term includes, but is not
limited to, suspicion that contraband or other evidence of
violations of the conditions of supervision might be destroyed
or suspicion that a weapon might be used. Exigent circumstances
always exist with respect to a vehicle.
"Offender." Any person subject to the parole or probationary
supervision of the board.
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"Personal search." A warrantless search of an offender's
person, including, but not limited to, the offender's clothing
and any personal property which is in the possession, within the
reach or under the control of the offender.
"Property search." A warrantless search of real property,
vehicle or personal property which is in the possession or under
the control of the offender.
"Real property." Any residence or business property of an
offender, including all portions of the property to which the
offender has access.
"Supervisor." Any individual acting in a supervisory or
administrative capacity.
§ 6152. Status as peace officers.
An agent is declared to be a peace officer and is given
police power and authority throughout this Commonwealth to
arrest without warrant, writ, rule or process any parolee or
probationer under the supervision of the board for failing to
report as required by the terms of his probation or parole or
for any other violation of the probation or parole.
§ 6153. Supervisory relationship to offenders.
(a) General rule.--Agents are in a supervisory relationship
with their offenders. The purpose of this supervision is to
assist the offenders in their rehabilitation and reassimilation
into the community and to protect the public. Supervision
practices shall reflect the balance of enforcement of the
conditions of parole and case management techniques to maximize
successful parole completion through effective reentry to
society.
(b) Searches and seizures authorized.--
(1) Agents may search the person and property of
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offenders in accordance with the provisions of this section.
(2) Nothing in this section shall be construed to permit
searches or seizures in violation of the Constitution of the
United States or section 8 of Article I of the Constitution
of Pennsylvania.
(c) Effect of violation.--No violation of this section shall
constitute an independent ground for suppression of evidence in
any probation or parole proceeding or criminal proceeding.
(d) Grounds for personal search of offender.--
(1) A personal search of an offender may be conducted by
an agent:
(i) if there is a reasonable suspicion to believe
that the offender possesses contraband or other evidence
of violations of the conditions of supervision;
(ii) when an offender is transported or taken into
custody; or
(iii) upon an offender entering or leaving the
securing enclosure of a correctional institution, jail or
detention facility.
(2) A property search may be conducted by an agent if
there is reasonable suspicion to believe that the real or
other property in the possession of or under the control of
the offender contains contraband or other evidence of
violations of the conditions of supervision.
(3) Prior approval of a supervisor shall be obtained for
a property search absent exigent circumstances. No prior
approval shall be required for a personal search.
(4) A written report of every property search conducted
without prior approval shall be prepared by the agent who
conducted the search and filed in the offender's case record.
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The exigent circumstances shall be stated in the report.
(5) The offender may be detained if he is present during
a property search. If the offender is not present during a
property search, the agent in charge of the search shall make
a reasonable effort to provide the offender with notice of
the search, including a list of the items seized, after the
search is completed.
(6) The existence of reasonable suspicion to search
shall be determined in accordance with constitutional search
and seizure provisions as applied by judicial decision. In
accordance with such case law, the following factors, where
applicable, may be taken into account:
(i) The observations of agents.
(ii) Information provided by others.
(iii) The activities of the offender.
(iv) Information provided by the offender.
(v) The experience of agents with the offender.
(vi) The experience of agents in similar
circumstances.
(vii) The prior criminal and supervisory history of
the offender.
(viii) The need to verify compliance with the
conditions of supervision.
(e) Nonresident offenders.--No agent shall conduct a
personal or property search of an offender who is residing in a
foreign state except for the limited purposes permitted under
the Interstate Compact for the Supervision of Offenders and
Probationers. The offender is held accountable to the rules of
both the sending state and the receiving state. Any personal or
property search of an offender residing in another state shall
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be conducted by an agent of the receiving state.
(f) When authority is effective.--The authority granted to
agents under this section shall be effective upon enactment of
this section, without the necessity of any further regulation by
the board.]
Section 27. Chapter 61 of Title 61 is amended by adding
subchapters to read:
SUBCHAPTER E
SUPERVISION OF OFFENDERS
Sec.
6161. Powers and duties of department.
6162. Probation services.
6163. Probation services committee.
6164. Investigation of circumstances of offense.
6165. Right of access to offenders.
6166. Investigations for the board of pardons.
§ 6161. Powers and duties of department.
(a) Powers and duties.--The department shall have the
following powers and duties:
(1) To supervise any offender released on parole by
order of the board and to arrest, detain in a department
facility, and to report to the board for a determination
whether to revoke parole and recommit an offender who fails
to comply with the conditions of supervision, including, but
not limited to, the alleged commission of a new crime.
(2) To enforce the conditions of supervision established
by the board as well as the power to impose and enforce
additional conditions of supervision on an offender and the
power to , with the consent of the board, amend or terminate
conditions of supervision established by the board and to
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enforce conditions of supervision established by the board.
(3) With the consent of the board, to amend or terminate
conditions of supervision after an offender has served at
least six months on parole. The imposition, modification or
termination of a condition of supervision must be based on
the risk presented by and the rehabilitative needs of the
offender and the impact the termination or modification will
have on public safety.
(4) To supervise any offender placed on parole, when
sentenced to a maximum period of less than two years, by any
judge of a court having criminal jurisdiction, when the court
may by special order direct supervision by the department, in
which case the parole case shall be known as a special case
and the authority of the department with regard thereto shall
be the same as provided in this chapter with regard to parole
cases within one of the classifications set forth in this
chapter.
(5) To furnish to the board no fewer than 90 days prior
to a scheduled parole interview, or if such interview is
scheduled to be held within fewer than 90 days, as quickly as
possible after the department is informed of such interview,
reports concerning the conduct of offenders under the
department ' s supervision or in its custody together with any
other facts deemed pertinent in aiding the board to determine
whether such offenders shall be paroled.
(6) To pay the costs of preparole drug screening test
for offenders subject to the parole release jurisdiction of
the board. The department shall establish rules and
regulations for the payment of these costs and may limit the
types and costs of these screening tests that would be
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subject to payment by the department.
(7) To determine when an offender subject to random drug
screening tests as a condition of supervision shall be
tested. The offender undergoing the tests shall be
responsible for the costs of the tests. The money collected
for the tests shall be applied against the contract for such
testing.
(8) To supervise and make presentence investigations and
reports as provided by law.
(9) To collect and maintain copies of all presentence
investigations and reports.
(10) To collect, compile and publish statistical and
other information relating to probation and parole work in
all courts and such other information the department may deem
of value in probation service.
(11) 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.
(vi) 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 department to establish in-
service training for them in accordance with the
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standards.
(12) To adopt regulations establishing criteria for
department acceptance of cases for supervision and
presentence investigations from counties that on December 31,
1985, maintained adult probation offices and parole systems.
(13) To enter into contracts which provide for the
continuous electronic monitoring of offenders.
(14) To establish and provide for intensive supervision
units and day reporting centers for the supervision of
offenders.
(15) To provide information as required under 42 Pa.C.S.
§ 2153(a)(14) (relating to powers and duties) as requested by
the commission.
(16) To incorporate evidence-based practices into the
supervision of offenders.
(17) To coordinate the reentry of offenders into the
community using evidence-based practices that are effective
in reducing recidivism.
(18) To conduct research to identify, to be informed of
and to apply recognized evidence-based parole supervision
practices that promote public safety and reduce recidivism.
(19) To conduct outcome and performance analyses on
implemented department programs and practices to enhance
public safety through reduced recidivism.
(20) To administer administrative parole.
(b) Administrative parole.--
(1) An eligible offender shall be placed on
administrative parole one year after release on parole and
until the maximum sentence date if the department's
supervision staff determines that there is no substantial
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information indicating dangerousness or that placement on
administrative parole would compromise public safety or that
continued supervision would otherwise benefit the offender
and:
(i) the eligible offender has not violated the terms
and conditions of the eligible offender's parole; or
(ii) the eligible offender has not been subject to
the extensive use of sanctions prior to the completion of
one year from the date of release on parole.
(2) An eligible offender placed on administrative parole
shall continue to be subject to recommitment at the board's
discretion and shall be subject to the board's power to
recommit and reparole, recommit and review or otherwise
impose sanctions at its discretion until the eligible
offender's maximum sentence date.
(3) An eligible offender placed on administrative parole
shall do all of the following:
(i) Make supervision contact at least one time per
year.
(ii) Provide updated contact information upon a
change in residence or employment.
(iii) Continue to pay any restitution owed.
(iv) Comply with other requirements imposed by the
department.
(c) Exception.--Except in special cases, the powers and
duties conferred under this section shall not extend to
offenders confined in a county correctional facility under 42
Pa.C.S. § 9762 (relating to sentencing proceeding; place of
confinement).
§ 6162. Probation services.
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(a) General rule.--The department shall have exclusive power
to supervise any offender placed on probation by any judge of a
court having criminal jurisdiction, when the court by special
order, consistent with the regulations of the department,
directs supervision by the department.
(b) Presentence investigations.--The department shall make
presentence investigations when requested to do so by the court
in accordance with the regulations of the department.
(c) Grant-in-aid.--
(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 department for additional costs
incurred thereby but only to the extent that the additional
staff and program meet the qualifications and standards
established by the department.
(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 money is appropriated, each county
shall receive a prorated reduction in the grant-in-aid.
(4) The department shall establish rules and regulations
for the allocation of funds available for a grants-in-aid.
(d) In-service training.--The department 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.
§ 6163. Probation services committee.
(a) Establishment.--A probation services committee is
established to inform the department of current issues and
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trends in county probation.
(b) Composition.--The 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 in 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.
(c) Terms.--
(1) The term of a member appointed after the effective
date of this subsection, 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
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
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 a committee member, other than
one who is a member of the General Assembly, expires, that
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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 committee
shall be paid all reasonable and necessary travel and other
expenses incurred in the performance of the member's duties.
(e) Assistance to be provided.--The committee shall inform
the secretary of issues and trends in county probation.
§ 6164. Investigation of circumstances of offense.
(a) Duty to investigate.--The department, upon the
commitment to a correctional facility of any offender whom the
board is given the power to parole shall investigate and include
in its report to the board:
(1) The nature and circumstances of the offense
committed.
(2) Any recommendations made by the trial judge and
prosecuting attorney.
(3) The general character and background of the
offender.
(4) Participation by an offender sentenced after
February 19, 1999, and who is serving a sentence for a crime
of violence in a victim impact education program offered by
the department.
(5) The written or personal statement of the testimony
of the victim or the victim's family submitted under section
6140 (relating to victim statements, testimony and
participation in hearing).
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(6) The notes of testimony of the sentencing hearing, if
any, together with such additional information regarding the
nature and circumstances of the offense committed for which
sentence was imposed as may be available.
(7) The conduct of the offender while in prison and the
offender's physical, mental and behavioral condition and
history, in addition to history of family violence and
complete criminal record.
(b) Cooperation of public officials.--A public official who
possesses offender records or information shall furnish the
records or information to the department upon request and
without charge so far as may be practicable while the case is
recent.
(c) Duty to transmit.--A court sentencing any offender to a
term as to which power to parole is given to the board in this
chapter shall transmit to the department, within 30 days after
the imposition of the sentence:
(1) A copy of the notes of testimony of the sentencing
hearing that may have been filed or recorded in the case.
(2) Copies of any criminal identification records
secured from the Federal Bureau of Investigation.
(3) Copies of presentence investigation reports and
behavior clinic reports, if any were submitted to the court,
the last two of which records, being confidential records of
the court, shall be treated confidentially by the department,
who shall not permit examination of the records by anyone
other than its duly appointed officers and employees and the
board and its officers and employees, except upon court
order.
§ 6165. Right of access to offenders.
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All prison officials shall:
(1) At all reasonable times grant to the properly
accredited representatives of the department access to any
detainee whom the board has power to parole.
(2) At all reasonable times provide for the board or its
properly accredited representative facilities for
communicating with and observing a detainee while imprisoned.
§ 6166. Investigations for the board of pardons.
The department shall make an investigation for the board of
pardons in cases coming before it and upon its request. The
investigation shall include all information set forth under
section 6135 (relating to investigation of circumstances of
offense), including a risk assessment if the applicant is
incarcerated.
SUBCHAPTER F
AGENTS
Sec.
6171. Status as peace officers.
6172. Supervisory relationship to offenders.
§ 6171. Status as peace officers.
An agent is declared to be a peace officer and is given
police power and authority throughout this Commonwealth to
arrest without warrant, writ, rule or process any department
supervised offender for failing to report as required or for any
other violation of his conditions of supervision.
§ 6172. Supervisory relationship to offenders.
(a) General rule.--Agents are in a supervisory relationship
with department supervised offenders. The purpose of supervision
is to assist department supervised offenders in their
rehabilitation and reassimilation into the community and to
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protect the public. Supervision practices shall reflect the
balance of enforcement of the conditions of supervision and case
management techniques to maximize successful parole completion
through effective reentry to society.
(b) Qualifications.--
(1) To be eligible to be appointed by the secretary as a
supervising agent, an individual must have at least a
bachelor ' s degree in social work, criminology, psychology,
psychiatry, criminal justice, or equivalent education and
experience and shall undergo annual training in social work
and rehabilitation as prescribed by the secretary.
(2) Existing parole agents who lack the mandatory level
of education or professional experience shall undergo annual
training in social work and rehabilitation as prescribed by
the secretary.
(c) Searches and seizures authorized.--
(1) Agents may search the person and property of
department supervised offenders in accordance with the
provisions of this section.
(2) Nothing in this section shall be construed to permit
searches or seizures in violation of the Constitution of the
United States or Section 8 of Article I of the Constitution
of Pennsylvania.
(d) Effect of violation.--No violation of this section shall
constitute an independent ground for suppression of evidence in
any probation, parole or criminal proceeding.
(e) Grounds for personal search of a department supervised
offender.--
(1) A personal search of an offender may be conducted by
an agent:
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(i) if there is a reasonable suspicion to believe
that the department supervised offender possesses
contraband or other evidence of violations of the
conditions of supervision;
(ii) when a department supervised offender is
transported or taken into custody; or
(iii) upon a department supervised offender entering
or leaving the secure enclosure of a correctional
institution, jail or detention facility.
(2) A property search may be conducted by an agent if
there is reasonable suspicion to believe that the real or
other property in the possession of or under the control of
the department supervised offender contains contraband or
other evidence of violations of the conditions of
supervision.
(3) The department supervised offender may be detained
if the department supervised offender is present during a
property search. If the department supervised offender is not
present during a property search, the agent in charge of the
search shall make a reasonable effort to provide the
department supervised offender with notice of the search,
including a list of the items seized, after the search is
completed.
(4) The existence of reasonable suspicion to search
shall be determined in accordance with constitutional search
and seizure provisions as applied by judicial decision. In
accordance with such case law, the following factors, where
applicable, may be taken into account:
(i) The observations of agents.
(ii) Information provided by others.
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(iii) The activities of the department supervised
offender.
(iv) Information provided by the department
supervised offender.
(v) The experience of agents with the department
supervised offender.
(vi) The experience of agents in similar
circumstances.
(vii) The prior criminal and supervisory history of
the department supervised offender.
(viii) The need to verify compliance with the
conditions of supervision.
(f) Nonresident department supervised offenders.--No agent
shall conduct a personal or property search of a department
supervised offender who is residing in a foreign state except
for the limited purposes permitted under the Interstate Compact
for the supervision of offenders and probationers. The
department supervised offender is held accountable to the rules
of both the sending state and the receiving state. Any personal
or property search of a department supervised offender residing
in another state shall be conducted by an agent of the receiving
state.
(g) When authority is effective.--The authority granted to
agents under this section shall be effective upon enactment of
this section, without the necessity of any further regulation by
the department.
Section 28. The definition of "board" in section 6302 of
Title 61 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
["Board." The Pennsylvania Board of Probation and Parole.]
* * *
Section 29. Sections 6303, 6304(a) introductory paragraph
and (f), 6305(3), (5) and (7), 6306, 6307, 6308, 7115(a)(2) and
(d), 7121 and 7122(a), (b), (c) and (e) of Title 61 are amended
to read:
§ 6303. County Probation Officers' Firearm Education and
Training Commission.
The County Probation Officers' Firearm Education and Training
Commission is established under the [Pennsylvania Board of
Probation and Parole. The commission shall establish within six
months following the appointment of commission members a County
Probation Officers' Firearm Education and Training Program to
provide firearm education and training in accordance with the
provisions of this chapter.] department.
§ 6304. Commission membership.
(a) Composition.--The commission shall be composed of the
[chairman of the board] secretary or a designee and eight other
members to be appointed by the Governor:
* * *
(f) Meetings and quorum.--The [commission shall meet at
least four times each year until the program is implemented.
Thereafter, the] commission shall meet as may be necessary, but
at least once annually. Special meetings may be called by the
chairperson of the commission or upon written request of three
members. A quorum shall consist of four members of the
commission.
§ 6305. Powers and duties of commission.
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The powers and duties of the commission shall be as follows:
* * *
(3) To approve or revoke the approval for the purposes
of this chapter of any school that may be [utilized] used to
comply with the educational and training requirements as
established by the commission.
* * *
(5) To promote the most efficient and economical program
for training by [utilizing] using existing facilities,
programs and qualified Federal, State and local police
personnel.
* * *
(7) To require in accordance with this chapter county
probation officers to attend a minimum number of hours [in]
of in-service training as provided for by regulation, unless
the officer's employer files a show-cause document with the
commission, requesting additional time for the officer to
comply with the in-service training requirements. Approval of
the request shall be made by the commission on a case-by-case
basis.
* * *
§ 6306. Training mandatory.
[Within two years of the establishment of the County
Probation Officers' Firearm Education and Training Program and
in accordance with the provisions of this chapter, a county
shall provide for the training of any officer in its county
probation and parole department who carries a firearm. Following
this two-year period, a] A county shall [provide] ensure that
training and certification requirements of this chapter are met
prior to a county probation officer being authorized to carry a
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firearm.
§ 6307. Requirements for program participation or waiver.
In order to participate in the training program or be granted
a waiver of training requirements, at a minimum, the officer
must:
(1) Be employed as a full-time county probation officer.
(2) Be a United States citizen.
(3) Not have been convicted of an offense graded a
misdemeanor of the first degree or greater or punishable by a
term of imprisonment of more than two years, unless in
possession of a waiver from the Bureau of Alcohol, Tobacco
[and], Firearms and Explosives of the Department of [the
Treasury] Justice.
(4) Have had the officer's fingerprints submitted by the
officer's employer to the Pennsylvania State Police for the
purposes of a background investigation[. The officer shall
have results of the investigation which indicate that the
requirements of paragraph (3) are met] and been found by the
Pennsylvania State Police to have met the requirements of
paragraph (3).
§ 6308. County Probation Officers' Firearm Education and
Training Fund.
(a) Fund established.--The County Probation Officers'
Firearm Education and Training Fund is established as a
restricted receipts account within the General Fund. [Moneys]
Money from the fund shall be used exclusively for the purposes
described under this section.
(b) Costs imposed.--
(1) A person who accepts Accelerated Rehabilitative
Disposition or pleads guilty or nolo contendere or is
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convicted of a felony or misdemeanor shall, in addition to
any other court costs imposed under the laws of this
Commonwealth, be sentenced to pay costs of $5. Costs
collected by the clerk of courts under this subsection shall
be paid into the fund.
(2) [Moneys] Money in the fund shall be used to offset
or pay for:
(i) Training expenses.
(ii) Commission expenses.
(3) Disbursement and allocation of fund [moneys] money
shall be at the discretion of the commission.
(c) Other [moneys] money to be used.--In addition to payment
of training expenses as prescribed under subsection (b),
training expenses may also be paid out of the county offender
supervision fund under section 1102 of the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act, or any
other county fund.
(d) Juvenile probation officer participation.--In the event
that sufficient funds are not generated under the provisions of
subsection (b) to fully fund the costs of providing training to
juvenile probation officers, a training fee representing the
prorated share of the additional actual cost thereof shall be
payable by a participating juvenile probation officer's county
of employment.
§ 7115. Interstate Compact for the Supervision of Adult
Offenders application fee.
(a) Duty to pay.--
* * *
(2) A person on State probation or parole who applies
for a transfer to another state through the [interstate
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compact] Interstate Compact shall be required to pay an
application fee to the [board] department with each
application for transfer, unless the board finds that the
application fee should be reduced, waived or deferred based
upon the person's inability to pay.
* * *
(d) Disposition.--Money received from the collection of the
application fee shall be paid into the State Treasury and shall
be credited to the general government operations of the [board]
department for expenses incurred in the administration of the
[interstate compact] Interstate Compact.
* * *
§ 7121. Deputization.
(a) General rule.--The [chairperson of the Pennsylvania
Board of Probation and Parole] secretary may deputize any person
to act as an officer and agent of the Commonwealth in effecting
the return of any person who has violated the terms and
conditions of parole or probation as granted by the
Commonwealth. In any matter relating to the return of such
person, an agent so deputized has all the powers of a police
officer of this Commonwealth.
(b) Evidence of deputization.--A deputization under this
section must be in writing and a person authorized to act as an
agent of the Commonwealth under that authority shall carry
formal evidence of the deputization and shall produce it on
demand.
(c) Interstate contracts.--
(1) The [chairperson of the Pennsylvania Board of
Probation and Parole] secretary or a designee may, subject to
the approval of the Auditor General, enter into contracts
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with similar officials of any other state for the purpose of
sharing an equitable portion of the cost of effecting the
return of any person who has violated the terms and
conditions of parole or probation as granted by the
Commonwealth.
(2) All interstate contracts entered into prior to the
effective date of this paragraph are ratified and shall
continue in effect according to their respective terms.
§ 7122. Supervision of persons paroled by other states.
(a) General rule.--In compliance with the Federal interstate
compact laws and the provisions of this section, the [board]
department may supervise persons who are paroled by other states
and reside in this Commonwealth, where such other states agree
to perform similar services for the [board] department.
(b) Witness Protection Program.--The [board] department may
relinquish jurisdiction over [a parolee] an offender to the
proper Federal authorities where the [parolee] offender is
placed into the Witness Protection Program of the United States
Department of Justice.
(c) Applicability.--The provisions of this section shall
apply only to those persons under the supervision of the [board]
department.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meaning given to them in this
subsection unless the context clearly indicates otherwise:
["Board." The Pennsylvania Board of Probation and Parole.]
"Sexual offense."
(1) Any of the following offenses or an equivalent
offense that is classified as a felony and involves a victim
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who is a minor:
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 5902(a) (relating to prostitution and
related offenses).
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
obscene and other sexual materials and performances).
(2) Any of the following offenses or an equivalent
offense that is classified as a felony and involves a victim
who is younger than 13 years of age:
18 Pa.C.S. § 3126 (relating to indecent assault).
(3) Any of the following offenses or an equivalent
offense, regardless of the victim's age:
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
"Violent offense."
(1) Any of the following offenses or an equivalent
offense:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2703 (relating to assault by prisoner).
18 Pa.C.S. § 2704 (relating to assault by life
prisoner).
18 Pa.C.S. § 2901 (relating to kidnapping) where the
victim is a minor.
18 Pa.C.S. § 3121 (relating to rape).
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18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
18 Pa.C.S. § 3502 (relating to burglary).
18 Pa.C.S. § 3701 (relating to robbery).
18 Pa.C.S. § 3923 (relating to theft by extortion)
where a threat of violence is made.
(2) A criminal attempt, criminal solicitation or
criminal conspiracy to commit any offenses set forth in this
definition.
"Other verifiable means of support." The term includes, but
is not limited to, support by parent, grandparent, sibling,
spouse or adult child. The term does not include public
assistance.
Section 30. The following shall apply to transfers:
(1) The Pennsylvania Board of Probation and Parole and
the functions, powers and duties of the Pennsylvania Board of
Probation and Parole are transferred to the Department of
Corrections.
(2) Upon approval of the Governor, the following are
transferred to the Department of Corrections, to be used,
employed and expended in connection with the functions,
powers and duties transferred under paragraph (1):
(i) Personnel, contract obligations, records, files,
property, supplies and equipment being used or held on
the effective date of this section in connection with
the functions, powers and duties transferred under
paragraph (1).
(ii) Unexpended balances of appropriations,
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allocations and other funds available or to be made
available for use in connection with the functions,
powers and duties transferred under paragraph (1).
Section 31. Any reference in law to a parole agent or
supervision staff shall be deemed a reference to an agent as
defined herein.
Section 32. The following shall apply:
(1) The appropriation for the Office of Victim Advocate
must be in a separate line item and shall be under the
jurisdiction of the victim advocate appointed under section
301(b) of the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act.
(2) The appropriation for the Pennsylvania Parole Board
must be in a separate line item.
Section 33. Within one year of the effective date of this
section, the Pennsylvania Commission on Crime and Delinquency
shall conduct and complete a study to analyze and determine
which community correction centers, community corrections
facilities or community contract facilities have been successful
in reducing recidivism and to identify which individual and
program level characteristics, if any, are significantly more
likely to produce reductions in recidivism. The study shall
further include data regarding the number and percentage of
offenders who recidivate by facility and the types of crimes
committed following release or absconding. The commission shall
also determine to what extent recommendations from its prior
study, Community Corrections Centers, Parolees, and Recidivism:
An Investigation into the Characteristics of Effective Reentry
Programs in Pennsylvania, have been implemented and the effect
of the implementation in reducing recidivism.
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Section 34. This act shall take effect immediately.
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