PRIOR PRINTER'S NO. 1703
PRINTER'S NO. 1820
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1158
Session of
2020
INTRODUCED BY ARNOLD, ARGALL, J. WARD, AUMENT, REGAN, YUDICHAK,
BROWNE, YAW, MARTIN, PITTMAN AND STEFANO, MAY 18, 2020
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 24, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, further
providing for general authority of Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7301(f) of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
§ 7301. General authority of Governor.
* * *
(f) Additional powers.--In addition to any other powers
conferred upon the Governor by law, the Governor may:
* * *
(7.1) Control under paragraph (7), when applied to
individuals in a State correctional facility, shall require
successful completion of all prescribed Department of
Corrections programs prior to release or transfer.
(7.2) The Department of Corrections shall develop
temporary guidelines until the department has promulgated and
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finalized regulations as follows:
(i) Develop a process and procedure for the
supervision of all released inmates under paragraph (7)
including, but not be limited to:
(A) exclusion of an inmate convicted of or who
has a prior conviction involving a personal injury
crime as defined under section 103 of the act of
November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act, a crime listed under 42 Pa.C.S. §
9714(g) (relating to sentences for second and
subsequent offenses), 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders) or I
(relating to continued registration of sexual
offenders) or any other crime involving domestic or
sexual abuse or violence or involving child abuse.
(B) monitoring of inmates using an electronic
global positioning system or other monitoring;
(C) drug and alcohol testing;
(D) scope and depth of supervision; and
(E) physical location and any exceptions;
(ii) How the department will address domestic
violence, sexual violence and child abuse when
considering placement.
(iii) Develop a process and procedure for notifying
victims consistent with the Crime Victims Act.
* * *
SECTION 1. SECTION 7301 OF TITLE 35 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 7301. GENERAL AUTHORITY OF GOVERNOR.
* * *
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(G) RELEASE OF INCARCERATED INDIVIDUALS.--
(1) IN THE EVENT THAT THE GOVERNOR, BY EXECUTIVE ORDER,
PROCLAMATION, REGULATION OR OTHERWISE SEEKS TO RELEASE,
TRANSFER OR OTHERWISE MOVE AN INMATE FROM THE CUSTODY OF A
STATE CORRECTIONAL INSTITUTION OR COUNTY CORRECTIONAL
INSTITUTION AS A RESULT OF THE AUTHORITY VESTED IN THE
GOVERNOR PURSUANT TO THIS TITLE, THE GOVERNOR MUST FIRST
IDENTIFY SPECIFIC CONDITIONS OF THE DISASTER THAT CREATE A
SPECIFIC AND SUBSTANTIAL DANGER TO THE INMATE IF THE INMATE
REMAINS INCARCERATED AND WHICH SPECIFIC AND SUBSTANTIAL
DANGER WOULD BE REDUCED OR ELIMINATED IF THE INMATE WAS
RELEASED.
(2) THE OFFICE OF VICTIM ADVOCATE, EITHER THE DISTRICT
ATTORNEY OR THE ATTORNEY GENERAL WHO HAD JURISDICTION OVER
THE SENTENCE FOR WHICH THE INMATE WAS INCARCERATED, AND THE
SENTENCING COURT SHALL BE PROVIDED NOTICE OF THE INMATE WHOM
THE GOVERNOR SEEKS TO RELEASE, TRANSFER OR OTHERWISE MOVE
UNDER PARAGRAPH (1) AND SHALL BE GIVEN NO LESS THAN 72 HOURS
AFTER RECEIPT OF THE NOTICE TO OBJECT OR OTHERWISE COMMENT ON
THE RELEASE, TRANSFER OR OTHER MOVEMENT OF THE INMATE. IN THE
EVENT THAT THE INMATE IS INCARCERATED IN A COUNTY
CORRECTIONAL INSTITUTION, THE NOTICE SHALL ALSO BE PROVIDED
TO THE BOARD OF COMMISSIONERS OR THE COUNTY EXECUTIVE OF THE
COUNTY IN WHICH THE INSTITUTION IS LOCATED, AND THE BOARD OF
COMMISSIONERS OR COUNTY EXECUTIVE SHALL BE GIVEN AN
OPPORTUNITY TO OBJECT OR OTHERWISE COMMENT. NO INDIVIDUAL
MAY BE RELEASED, TRANSFERRED OR OTHERWISE MOVED UNDER
PARAGRAPH (1) FOR WHICH AN OBJECTION IS TIMELY RECEIVED.
(3) REGARDLESS OF THE SENTENCE IMPOSED, AN INMATE MAY
NOT BE RELEASED, TRANSFERRED OR OTHERWISE MOVED UNDER
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PARAGRAPH (1) IF THE INMATE WAS OR IS:
(I) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING A PERSONAL INJURY CRIME OR A CRIMINAL ATTEMPT,
CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT A
PERSONAL INJURY CRIME AS DEFINED IN SECTION 103 OF THE
ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE
CRIME VICTIMS ACT ;
(II) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING A CRIME OF VIOLENCE OR A CRIMINAL ATTEMPT,
CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT A
CRIME OF VIOLENCE AS DEFINED IN 42 PA.C.S. § 9714(G)
(RELATING TO SENTENCES FOR SECOND OR SUBSEQUENT
OFFENSES);
(III) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING AN OFFENSE UNDER 18 PA.C.S. CH. 61 (RELATING
TO FIREARMS AND OTHER DANGEROUS ARTICLES) OR A CRIMINAL
ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO
COMMIT THE OFFENSE;
(IV) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING AN ENHANCEMENT FOR THE USE OF A DEADLY WEAPON
AS DEFINED UNDER LAW OR THE SENTENCING GUIDELINES
PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING
OR WHERE THE ATTORNEY FOR THE COMMONWEALTH HAS
DEMONSTRATED THAT THE DEFENDANT HAS BEEN FOUND GUILTY OF
OR WAS CONVICTED OF AN OFFENSE INVOLVING A DEADLY WEAPON
OR A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL
CONSPIRACY TO COMMIT THE OFFENSE OR AN EQUIVALENT OFFENSE
UNDER THE LAWS OF THE UNITED STATES OR ONE OF ITS
TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT
OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN
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NATION;
(V) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING A VIOLATION OF ANY OF THE FOLLOWING PROVISIONS
OR AN EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED
STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER
STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF
PUERTO RICO OR A FOREIGN NATION, INCLUDING A CRIMINAL
ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO
COMMIT THE OFFENSE:
18 PA.C.S. § 4302(A) (RELATING TO INCEST).
18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
CHILDREN).
18 PA.C.S. CH. 76 SUBCH. C (RELATING TO INTERNET
CHILD PORNOGRAPHY).
A CRIMINAL SENTENCE UNDER 42 PA.C.S. § 9712.1
(RELATING TO SENTENCES FOR CERTAIN DRUG OFFENSES
COMMITTED WITH FIREARMS).
AN OFFENSE LISTED UNDER 42 PA.C.S. CH. 97 SUBCH. H
(RELATING TO REGISTRATION OF SEXUAL OFFENDERS).
AN OFFENSE LISTED UNDER 42 PA.C.S. CH. 97 SUBCH. I
(RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS).
(VI) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE
CONTAINING AN OFFENSE OF DRUG TRAFFICKING AS DEFINED IN
61 PA.C.S. § 4103 (RELATING TO DEFINITIONS) OR A CRIMINAL
ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO
COMMIT DRUG TRAFFICKING AS DEFINED IN 61 PA.C.S. § 4103;
(VII) AT THE TIME OF RELEASE, TRANSFER OR OTHER
MOVEMENT UNDER PARAGRAPH (1), IS SUBJECT TO A PENDING
FELONY OR MISDEMEANOR ARREST WARRANT OR DETAINER;
(VIII) AT THE TIME OF THE RELEASE, TRANSFER OR OTHER
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MOVEMENT UNDER PARAGRAPH (1), IS SERVING A SENTENCE TO A
STATE CORRECTIONAL INSTITUTION AND HAS BEEN DENIED PAROLE
ON THE SENTENCE;
(IX) CONVICTED OF ANY CRIMINAL OFFENSE COMMITTED
WHILE INCARCERATED;
(X) POSES AN IDENTIFIABLE RISK TO PUBLIC SAFETY; OR
(XI) WAS CONVICTED OF ANY CRIMINAL OFFENSE CONTAINED
UNDER SUBPARAGRAPH (I), (II), (III), (IV), (V) OR (VI)
WITHIN THE PAST 10 YEARS.
(4) AN INMATE RELEASED, TRANSFERRED OR OTHERWISE MOVED
UNDER PARAGRAPH (1) MUST:
(I) EITHER:
(A) SUCCESSFULLY COMPLETE PRIOR TO RELEASE,
TRANSFER OR OTHER MOVEMENT ALL PROGRAMS PRESCRIBED BY
THE DEPARTMENT OF CORRECTIONS, THE PAROLE BOARD OR,
AT THE TIME OF SENTENCING, THE SENTENCING COURT; OR
(B) CONTINUE THE PROGRAMMING AS A CONDITION OF
RELEASE, TRANSFER OR OTHER MOVEMENT.
(II) BE SUPERVISED.
(III) BE TESTED FOR DRUG AND ALCOHOL USE, AS
APPROPRIATE.
(5) AN INMATE RELEASED, TRANSFERRED OR OTHERWISE MOVED
UNDER PARAGRAPH (1) MAY BE RELEASED TO A COMMUNITY
CORRECTIONS CENTER, A COMMUNITY CORRECTIONS FACILITY OR TO
HOME CONFINEMENT. AN INMATE RELEASED TO HOME CONFINEMENT
SHALL BE MONITORED USING AN ELECTRONIC GLOBAL POSITIONING
SYSTEM OR OTHER REAL-TIME MONITORING SYSTEM.
(6) AN INMATE RELEASED, TRANSFERRED OR OTHERWISE MOVED
FROM A STATE CORRECTIONAL INSTITUTION UNDER PARAGRAPH (1)
SHALL BE RECOMMITTED TO A STATE CORRECTIONAL INSTITUTION UPON
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THE EXPIRATION OF THE DECLARED DISASTER EMERGENCY, OR SOONER
AS DEEMED APPROPRIATE BY THE DEPARTMENT OF CORRECTIONS.
(7) THE PROVISIONS OF PARAGRAPH (6) DO NOT APPLY IF THE
INMATE HAS LESS THAN ONE MONTH TO SERVE ON THE INMATE'S
MINIMUM SENTENCE.
(8) THE DEPARTMENT OF CORRECTIONS MAY PROMULGATE
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
IN ORDER TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS
SUBSECTION, REGULATIONS PROMULGATED BY THE DEPARTMENT OF
CORRECTIONS UNDER THIS SUBSECTION SHALL BE DEEMED TEMPORARY
REGULATIONS WHICH SHALL NOT EXPIRE FOR A PERIOD OF ONE YEAR
FOLLOWING PUBLICATION. TEMPORARY REGULATIONS PROMULGATED
UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO:
(I) SECTION 612 OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
1929.
(II) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(III) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(IV) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
Section 2. This act shall take effect immediately.
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