Regular Session 2021-2022 House Bill 1357 P.N. 1469

PRINTER'S NO. 1469

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1357

Session of

2021

INTRODUCED BY MAKO, BERNSTINE, MILLARD AND BURGOS, MAY 7, 2021

REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 2021

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

for sentencing, resentencing and parole, risk assessment

instrument and recommitment ranges following revocation; 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

verification by sexual offenders and Pennsylvania State

Police, 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, 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 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 operation of parole system generally,

for Pennsylvania Parole Board, for board chairperson, for

board action, for meetings and for offices, repealing

provisions relating to district directors, to district office

employees, to disciplinary action and to certain offenders

residing in group-based homes, further providing for general

powers of board and for specific powers of board involving

parolees, repealing provisions relating to probation

services, further providing for sentencing court to transmit

records to board, for general criteria for parole by court,

for right of access to inmates, for parole power, for

violation of terms of parole, for parole procedure, for

victim statements, testimony and participation in hearing,

for general rules and special regulations and for early

parole of inmates subject to Federal removal order and

repealing provisions relating to definitions, to status as

peace officers and to supervisory relationship to offenders;

providing for supervision of offenders and for agents; in

county probation officers' firearm education and training,

further providing for definitions; in Interstate Compacts,

further providing for Interstate Compact for the Supervision

of Adult Offenders application fee, for deputization and for

supervision 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) introductory paragraph and

(vi), 5950(d), 5952(d), 6307(a)(6.5), 8332.7, 8340, 9543.1(f)

(6), 9718.5(d) and 9727(a), (b)(1), (c) and (f)(3) 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]

guidelines for restrictive conditions of probation, 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

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critical incident stress management team intervention.

"Critical incident." A situation responded to by a law

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

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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] of the Department of Corrections.

(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.

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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.

§ 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] of the Department of Corrections.

(4) A Capitol Police officer.

(5) A Department of Conservation and Natural Resources

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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 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.

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(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

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,] 61 Pa.C.S. § 6181 (relating to status

as peace officers) or any other law, any parole officer

appointed by the [Pennsylvania Board of Probation and Parole]

Department of Corrections who, after obtaining permission in

advance from a person authorized by the [Pennsylvania Board of

Probation and Parole] Secretary of Corrections, 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] Secretary of

Corrections 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

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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

Probation and Parole] Department of Corrections 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] Department of Corrections 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.

§ 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

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added to the Commonwealth's convicted offender database.

* * *

§ 9718.5. Mandatory period of probation for certain sexual

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] Department of

Corrections by special order as provided under 61 Pa.C.S. §

[6133(a)] 6172(a) (relating to probation services).

§ 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.

* * *

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.

Section 3. Section 9764(e), (f), (h), (i) and (k) of Title

42, amended December 18, 2019 (P.L.776, No.115), are amended to

read:

§ 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 Department of

Corrections and the Pennsylvania [Board of Probation and]

Parole Board the information contained in subsections (a) and

(b) with the exception of subsection (a)(5).

(2) Prior to the release of an inmate from a county

correctional facility to State probation or parole

supervision, the facility shall provide to the inmate his

current medications as prescribed and any customary and

necessary medical supplies as determined by the prescribing

physician.

* * *

(h) Record of inmate moneys.--Prior to the release of an

inmate from the Department of Corrections to State parole

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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

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 Parole] Department of Corrections 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

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procedures to implement the provisions of this section.

* * *

Section 4. Sections 9776(a), 9777(d)(2), 9799.13(2),

9799.16(d), 9799.19(f), (k)(1) introductory paragraph and (iv)

and (2), (l)(2)(iv) and (q)(2), 9799.20 introductory paragraph,

9799.22(d), 9799.24(a), (b) introductory paragraph, (c), (e)(4)

and (g), 9799.25(f)(4), 9799.29, 9799.30 and 9799.31(6) of Title

42 are amended to read:

§ 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

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.

* * *

§ 9799.13. Applicability.

The following individuals shall register with the

Pennsylvania State Police as provided in sections 9799.15

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(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

contract facility, is being supervised by the [Pennsylvania

Board of Probation and Parole] Department of Corrections or

county probation or parole, is subject to a sentence of

intermediate punishment or restrictive conditions of

probation or has supervision transferred pursuant to the

Interstate Compact for Adult Supervision in accordance with

section 9799.19(g).

* * *

§ 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.

§ 9799.19. Initial registration.

* * *

(f) Initial registration if being supervised by Commonwealth

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under Interstate Compact for Adult Offender Supervision.--If an

individual is in this Commonwealth and is being supervised by

the [State Board of Probation and Parole] Department of

Corrections 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] Department of Corrections 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]

Department of Corrections 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,

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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

and Parole] Department of Corrections for inclusion in the

registry before being released due to:

* * *

(iv) special probation supervised by the

[Pennsylvania Board of Probation and Parole] Department

of Corrections.

(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] Department of Corrections 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

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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

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, State drug treatment programs or

restrictive conditions of probation 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] Department of Corrections, the correctional

facility may not release the individual until the

correctional facility receives verification from the

Pennsylvania State Police that the Pennsylvania State

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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

offense and is serving a sentence of State parole, the

[Pennsylvania Board of Probation and Parole] Department of

Corrections shall register the individual within 48 hours.

The appropriate official of the [Pennsylvania Board of

Probation and Parole] Department of Corrections 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] Department of Corrections shall

notify the Pennsylvania State Police.

§ 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] Department of Corrections, county office

of probation and parole, the Department of [Public Welfare]

Human Services or a State or county correctional institution

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shall:

* * *

§ 9799.22. Enforcement.

* * *

(d) Duty to inform Pennsylvania State Police.--In order to

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] Department of Corrections responsible for

State parole supervision, 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:

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* * *

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

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.

* * *

20210HB1357PN1469 - 21 -

§ 9799.25. Verification by sexual offenders and Pennsylvania

State Police.

* * *

(f) Residents in group-based homes.--

* * *

(4) As used in this subsection, the term "group-based

home" has the meaning given to it in 61 Pa.C.S. § [6124(c)]

5007(c) (relating to certain offenders residing in group-

based homes).

§ 9799.29. Administration.

The Governor shall direct the Pennsylvania State Police, [the

Pennsylvania Board of Probation and Parole,] 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

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 Board, the

Department of Corrections, 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.

20210HB1357PN1469 - 22 -

* * *

Section 5. Section 9799.32 heading and paragraphs (2), (7),

(8) and (9) of Title 42 are amended to read:

§ 9799.32. Pennsylvania State Police and Department of

Corrections.

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] 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

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

20210HB1357PN1469 - 23 -

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,] 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,] to

promulgate guidelines directing State and county correctional

facilities and State and county probation and 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.

* * *

Section 6. Sections 9799.33, 9799.35(e), 9799.38, 9799.54(a)

(3), 9799.55(d)(4), 9799.56(a)(4)(i), 9799.58(c), (e)(4) and

20210HB1357PN1469 - 24 -

(g), 9799.64, 9799.65, 9799.66(6), 9799.67(2), (5) and (6),

9799.68, 9799.69(e), 9799.72 and 9912(e.1)(10) of Title 42 are

amended to read:

§ 9799.33. Duties of Department of Corrections and probation

and parole officials.

(a) Duties.--The [Pennsylvania Board of Probation and

Parole,] 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,] 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] 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,

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.

20210HB1357PN1469 - 25 -

§ 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.

§ 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

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 ,] 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

20210HB1357PN1469 - 26 -

action that it recommends be taken by the Pennsylvania State

Police, [the Pennsylvania Board of Probation and Parole,] 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,] 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 Police,

[the Pennsylvania Board of Probation and Parole,] 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

20210HB1357PN1469 - 27 -

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] Department of Corrections 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.

* * *

§ 9799.55. Registration.

* * *

(d) Residents in group-based homes.--

* * *

(4) As used in this subsection, the term "group-based

home" has the meaning given to it in 61 Pa.C.S. § [6124(c)]

5007(c) (relating to certain offenders residing in group-

based homes).

§ 9799.56. Registration procedures and applicability.

(a) Registration.--

* * *

20210HB1357PN1469 - 28 -

(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, probation with

restrictions or is placed in the State drug treatment

program, 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.

* * *

§ 9799.58. Assessments.

* * *

20210HB1357PN1469 - 29 -

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 Board

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

Sexual Offenders Assessment Board] board, the Department of

Corrections, the Department of Transportation and any other

20210HB1357PN1469 - 30 -

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, the

Department of Corrections 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] 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 establish procedures to

allow an individual subject to the requirements of sections

9799.55 (relating to registration) and 9799.60 (relating to

20210HB1357PN1469 - 31 -

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.

* * *

(5) In consultation with the Department of Education and

20210HB1357PN1469 - 32 -

the [Pennsylvania Board of Probation and Parole,] Department

of Corrections, 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] Department

of Corrections under section 9799.68(2) and (3) (relating to

duties of [Pennsylvania Board of Probation and Parole]

Department of Corrections) and the fingerprints of a sexually

violent predator to the Federal Bureau of Investigation.

* * *

§ 9799.68. Duties of [Pennsylvania Board of Probation and

Parole] Department of Corrections.

The [Pennsylvania Board of Probation and Parole] Department

of Corrections shall:

(1) Create a notification form which will inform State

and county prison and probation and parole personnel how to

inform offenders and sexually violent predators required to

(2) In cooperation with [the Department of Corrections

and] other Commonwealth agencies, obtain the following

information regarding offenders and sexually violent

predators:

(i) Name, including aliases.

(ii) Identifying factors.

(iii) Anticipated future residence.

(iv) Offense history.

(v) Documentation of treatment received for the

20210HB1357PN1469 - 33 -

mental abnormality or personality disorder.

(vi) Photograph of the offender or sexually violent

predator.

(3) Immediately transmit the information in paragraph

(2) to the Pennsylvania State Police for immediate entry into

the State registry of offenders and sexually violent

predators and the criminal history record of the individual

as provided in 18 Pa.C.S. Ch. 91 (relating to criminal

history record information).

(4) 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 satellite global positioning system technology.

§ 9799.69. 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.

§ 9799.72. Annual performance audit.

(a) Duties of Attorney General.--The Attorney General shall:

(1) Conduct a performance audit annually to determine

20210HB1357PN1469 - 34 -

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

Pennsylvania Board of Probation and Parole,] 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,] 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 electronically on the

Attorney General's publicly accessible Internet website 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,] 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.

20210HB1357PN1469 - 35 -

(b) Cooperation required.--Notwithstanding any other

provision of law to the contrary, the Pennsylvania State Police,

[the Pennsylvania Board of Probation and Parole,] the Department

of Corrections, the [State Sexual Offenders Assessment Board]

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 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.

§ 9912. Supervisory relationship to offenders.

* * *

(e.1) Status of seized items.--

* * *

(10) The [Pennsylvania Board of Probation and Parole]

Department of Corrections 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 7. 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

20210HB1357PN1469 - 36 -

Board.

* * *

"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 or before a magisterial district

justice under section 6138(a)(1.1) (relating to violation of

terms of parole).

"Parole violator center." An area within the secure

perimeter or on the grounds of a State correctional institution

or any contracted facility or contracted county jail that has

been designated to house offenders detained or recommitted by

the board for a technical parole violation.

* * *

Section 8. 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 of the department.

(3) Capturing and returning inmates that may have

escaped within the immediate area of a State correctional

facility or mode of transport. For the purposes of this

section, the immediate area of a State correctional facility

or mode of transport shall encompass the curtilage up to and

including one-half of one mile.

Section 9. Sections 5001, 5002, 5003, 5004, 5005 and 5006 of

Title 61 are amended to read:

20210HB1357PN1469 - 37 -

§ 5001. 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

Board.

"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.

§ 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.

(a) Community corrections centers, parole violator centers

and community corrections facilities.--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]

20210HB1357PN1469 - 38 -

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 pending resolution of

criminal charges as a convicted violator under section

6138(a) (relating to violation of terms of parole) or

awaiting a hearing or who has been recommitted. [for a

technical violation of the conditions of parole

established by the board as a result of the commission of

a new crime of which the parolee is convicted or found

guilty by a judge or jury or to which the parolee 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.

(4) An offender who has been granted clemency by the

Governor.]

(b) Community corrections centers and community corrections

facilities.--T he following offenders may be housed in community

corrections centers and community corrections facilities:

20210HB1357PN1469 - 39 -

(1) An offender who is serving the community-based

portion of a sentence in a State drug treatment program.

(2) An offender who has been granted clemency by the

Governor.

§ 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

20210HB1357PN1469 - 40 -

community corrections facilities where parolees are to be

housed.

(2) Determine whether parolees are to be housed in a

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 10. 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

20210HB1357PN1469 - 41 -

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

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) All hearings shall be conducted in compliance with

65 Pa.C.S. Ch. 7 (relating to open meetings). A governing

body conducting a public hearing under this subsection shall

announce the hearing via posting on its official publicly

accessible Internet website no less than two weeks prior to

the hearing. The announcement shall provide information

regarding the purpose, location , date and time of the public

20210HB1357PN1469 - 42 -

hearing and a contact number for interested persons to call

in order to obtain additional information about the hearing.

(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.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Group-based home." A 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.

§ 5008. Reporting.

The department shall ensure that any crime committed within a

community corrections center or community corrections facility

is immediately reported to the appropriate law enforcement

agency with jurisdiction over the community corrections center

or community corrections facility.

Section 11. The heading of Part IV of Title 61 is amended to

read:

PART IV

[PROBATION AND PAROLE] DEPARTMENT OF CORRECTIONS

Section 12. Section 6101 of Title 61, amended December 18,

2019 (P.L.776, No.115), 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:

20210HB1357PN1469 - 43 -

"Agent." A State parole agent appointed by the department.

"Board." The Pennsylvania Parole Board.

"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

(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).

"Evidence-based practices." Interventions and treatment

approaches that have been proven effective through appropriate

empirical analysis.

20210HB1357PN1469 - 44 -

"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 active protection from abuse

order under 23 Pa.C.S. Ch. 61 (relating to protection from

abuse) or an active protection from intimidation order under

18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness

intimidation); 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.

"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.

20210HB1357PN1469 - 45 -

"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 or the victim's

representative if the victim is incapable of communicating or

has died.

Section 13. Section 6102 of Title 61 is amended to read:

§ 6102. Operation of parole system generally.

The parole system shall operate consistently with the

following provisions:

(1) The parole system provides several benefits to the

criminal justice system, including the provision of adequate

supervision of the offender while protecting the public, the

opportunity for the offender to become a useful member of

society and the diversion of appropriate offenders from

prison.

(2) In providing these benefits to the criminal justice

system, the board, the department and any other paroling

entity shall first and foremost seek to protect the safety of

the public.

(3) In addition to this goal, the board, the department

and any other paroling entity shall address input by crime

victims, assist in the fair administration of justice by

ensuring the custody, control and treatment of paroled

offenders, shall consider any applicable guidelines

established by the commission and shall ensure that parole

proceedings, release and recommitment are administered in an

efficient and timely manner.

Section 14. Section 6111(a) of Title 61, amended December

18, 2019 (P.L.776, No.115), is amended to read:

§ 6111. Pennsylvania Parole Board.

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(a) Establishment.--The Pennsylvania Parole Board is [an

independent administrative board for the administration of the

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

the board's decision-making functions, as well as any other

powers and duties specified in this title.

* * *

Section 15. Sections 6112, 6113, 6116 and 6118 of Title 61

are amended to read:

§ 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

20210HB1357PN1469 - 47 -

or incapacity of the chairperson, and, when so acting, the

member so designated shall have and perform all the powers and

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 and section 6137.1 (relating to short

sentence parole), 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.

20210HB1357PN1469 - 48 -

(1) If there is disagreement on a decision to parole

between the members of a panel, the matter 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 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

20210HB1357PN1469 - 49 -

process.

§ 6116. Meetings.

(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 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.

(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.

incapacity of the secretary to act, the board 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 the Commonwealth Attorneys Act.

(e) Hearing examiners.-- The board may appoint a sufficient

number of individuals to conduct hearings as required or

authorized by this title.

§ 6118. Offices.

[(a) Principal office.--The principal office of the board]

The department shall [be in Harrisburg, and] provide offices for

the board. The board shall appoint and employ such number and

20210HB1357PN1469 - 50 -

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.

[(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.

(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

Services.

(d) Consideration for fixing compensation.--In fixing

compensation for its officers, clerks and employees under the

20210HB1357PN1469 - 51 -

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 16. Sections 6119, 6120, 6121 and 6124 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,

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.

20210HB1357PN1469 - 52 -

(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.

successive suspensions of the same employee under this section.

§ 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

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.

20210HB1357PN1469 - 53 -

(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

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.

20210HB1357PN1469 - 54 -

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 17. Section 6131 of Title 61, amended December 18,

2019 (P.L.776, No.115), is 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 parole.

(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

20210HB1357PN1469 - 55 -

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.

(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 former 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] recommend 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.

20210HB1357PN1469 - 56 -

(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]

department.

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.]

Section 18. Section 6132(a) and (b) of Title 61 are amended

to read:

§ 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 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

20210HB1357PN1469 - 57 -

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

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 6171

(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.

* * *

20210HB1357PN1469 - 58 -

Section 19. Section 6133 of Title 61, amended December 18,

2019 (P.L.776, No.115), is repealed:

[§ 6133. Probation services.

(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.

presentence investigations by court order or request shall be

provided in accordance with board regulations.

(d) In-service training.--The board shall provide in-service

training for personnel of county probation offices when

requested to do so by the court having jurisdiction of the

probation office as provided by memorandum of understanding with

the Pennsylvania Commission on Crime and Delinquency and

contingent upon the availability of money.]

Section 20. Sections 6134, 6134.1 and 6136 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

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.

20210HB1357PN1469 - 59 -

(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

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

20210HB1357PN1469 - 60 -

42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).

(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

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.

20210HB1357PN1469 - 61 -

[(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] offender 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

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

20210HB1357PN1469 - 62 -

whether such [inmates] offenders shall be paroled.

Section 21. Sections 6137 and 6138 of Title 61, amended or

added December 18, 2019 (P.L.776, No.115), are amended to read:

§ 6137. Parole power.

(a) General criteria for parole.--

(1) The board may parole subject to consideration of

guidelines established under 42 Pa.C.S. § 2154.5 (relating to

adoption of guidelines for parole) or subject to section

6137.1 (relating to short sentence parole) and such

information developed by or furnished to the board under

section 6174 (relating to right of access to offenders), 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.

(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

20210HB1357PN1469 - 63 -

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 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

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

20210HB1357PN1469 - 64 -

(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.--

(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 supervision

staff determines that:

(i) (A) the eligible offender has not violated the

20210HB1357PN1469 - 65 -

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.]

(d) Recidivism risk reduction incentive minimum.--The board

shall have the power and its duty shall be to comply with the

requirements of section 4506 (relating to recidivism risk

reduction incentive minimum).

(d.1) Short sentence parole.--The board shall have the power

and its duty shall be to comply with the requirements of section

20210HB1357PN1469 - 66 -

6137.1 (relating to short sentence parole).

(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] prior to release,

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.

[(ii) The random screening tests shall be performed

at the discretion of the board, and the parolee

20210HB1357PN1469 - 67 -

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, 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.--] Procedures for Recidivism Risk Reduction

Incentive.--

(1) The department shall identify all [inmates]

offenders committed to the custody of the department that

meet the definition of an eligible offender.

(2) Upon identification of an inmate as an eligible

offender, as defined under section 4503 (relating to

definitions), the department shall send notice to the board.

The board shall send notice to the prosecuting attorney and

the court no less than six months before the expiration of

the [inmate's] offender's minimum sentence indicating that

the department has preliminarily identified the [inmate]

20210HB1357PN1469 - 68 -

offender as an eligible offender. The notice shall be sent by

United States mail unless the board, the court and the

prosecutor have consented to receipt of notice via electronic

means. For [inmates] offenders 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.

(2.1) The department shall provide the board all

information related to the [inmate's] offender's adjustment

while incarcerated, misconducts, if any, information related

to programming and treatment, including success, completion

or failure to complete, or any other information the

department deems relevant. The board shall send such

information to the prosecuting attorney and to the court no

less than six months before the expiration of the [inmate's]

offender's minimum sentence. The notice may be sent

electronically. For [inmates] offenders committed to the

department whose expiration of the minimum sentence is six

months or less from the date of admission, such information

shall be sent at the same time prompt notice under paragraph

(2) is given.

(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] offender 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 at the expiration of the eligible offender's] eligible

20210HB1357PN1469 - 69 -

offender shall be paroled at the minimum date upon a

determination by the board or the board's designee that all

of the following apply:

(i) The department certified that the [inmate]

offender has maintained a good conduct record and

continues to remain an eligible offender under section

4503.

(ii) The reentry plan for the [inmate] offender is

adequate.

(iii) Individual conditions and requirements for

parole have been established for the offender.

(iv) There is no reasonable indication that the

[inmate] offender poses a risk to public safety.

(5) If the court or prosecuting attorney files a timely

objection under paragraph (3), the board shall make a

determination as to whether the [inmate] offender 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] offender is an eligible offender

under this chapter, the board shall follow the provisions

under paragraph (4). If the board determines that the

[inmate] offender 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] offender should be paroled at the

minimum date, paroled at a later date or 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,

20210HB1357PN1469 - 70 -

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

[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

20210HB1357PN1469 - 71 -

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:

"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].

(1.1) In addition to paragraph (1), a parolee under the

jurisdiction of the board released from a correctional

facility who, during the period of parole or while delinquent

on parole, commits a crime punishable by imprisonment for

20210HB1357PN1469 - 72 -

which the parolee is convicted or found guilty by a judge or

jury or to which the parolee pleads guilty or nolo contendere

or of any misdemeanor of the third degree or of any of the

following offenses where graded as a summary offense, may at

the discretion of the board be recommitted as a parole

violator:

(i) Possession of a firearm in a court facility

under 18 Pa.C.S. § 913(b)(3) (relating to possession of

firearm or other dangerous weapon in court facility).

(ii) Harassment under 18 Pa.C.S. § 2709 (relating to

harassment).

(iii) Retail theft under 18 Pa.C.S. § 3929 (relating

to retail theft).

(iv) Disorderly conduct under 18 Pa.C.S. § 5503

(relating to disorderly conduct).

(v) Public drunkenness under 18 Pa.C.S. § 5505

(relating to public drunkenness and similar misconduct).

(vi) Cruelty to animals under 18 Pa.C.S. § 5533

(relating to cruelty to animal).

(vii) Aiding or abetting a minor to commit truancy

under 18 Pa.C.S. § 6301 (relating to corruption of

minors).

(viii) Selling or furnishing nonalcoholic beverages

to minors under 18 Pa.C.S. § 6310.7 (relating to selling

or furnishing nonalcoholic beverages to persons under 21

years of age).

(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

20210HB1357PN1469 - 73 -

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

for second and subsequent offenses)] or a crime

[requiring registration] listed under 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders)

or I (relating to continued 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).

(2.2) Credit awarded under paragraph (2.1) is subject to

forfeiture under this section if an offender is subsequently

recommitted as a convicted parole violator.

(2.3) A parolee is at liberty on parole when the parolee

is residing at a community corrections center, community

corrections facility or group-based home for purposes of this

section. This paragraph does not apply to parolees detained

on the board's warrant or recommitted as a technical parole

violator to a community corrections center or community

corrections facility.

(3) The board may, in its discretion, reparole whenever,

in its opinion, the best interests of the [inmate] offender

20210HB1357PN1469 - 74 -

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 computed [from and] by

the board 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

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:

20210HB1357PN1469 - 75 -

(i)] Any [person] offender upon recommitment to a

correctional facility 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.

(1) Subject to paragraph (1.3), [a parolee] an offender

under the jurisdiction of the board who violates the terms

and conditions of his parole, other than a convicted violator

who has parole revoked under subsection (a), 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,

community corrections facility or any secured facility

20210HB1357PN1469 - 76 -

operated or contracted by the department.

(1.2) Notwithstanding paragraph (1) and subject to

paragraph (1.3), [a parolee] an offender under the

jurisdiction of the board who violates the terms and

conditions of his parole, other than a convicted parole

violator who has parole revoked under subsection (a), may be

arrested and detained without revocation of parole under a

program to impose swift, predictable and brief sanctions. The

program shall provide for immediate detention in a community

corrections center, community corrections facility or any

secured facility operated or contracted by the department for

a period not to exceed seven days. The board shall adopt

procedures governing appropriate detention under this

paragraph, including identifying which offenders are eligible

for the program and providing warnings to [parolees]

offenders to clearly communicate expectations and

consequences.

(1.3) If the board determines that one of the following

conditions is present regarding [a parolee] an offender who

violates the terms and conditions of parole, the [parolee]

offender shall not be eligible for detention under paragraph

(1.2) and shall be detained in or recommitted to a State

correctional institution or contracted county jail:

(i) The violation was sexual in nature.

(ii) The violation involved assaultive behavior or

included a credible threat to cause bodily injury to

another.

(iii) The violation involved possession or control

of a weapon.

(iv) The [parolee] offender has absconded and the

20210HB1357PN1469 - 77 -

parolee cannot be safely diverted to a community

corrections center, community corrections facility or any

secured facility operated or contracted by the

department.

(v) There exists an identifiable threat to public

safety, and the [parolee] offender cannot be safely

diverted to a community corrections center, community

corrections facility or any secured facility operated or

contracted by the department.

(vi) The violation involved an intentional and

unexcused failure to adhere to recommended programming or

conditions on more than three occasions, and the

[parolee] offender cannot be safely diverted to a

community corrections center, community corrections

facility or any secured facility operated or contracted

by the department.

(1.4) Every offender ' s placement in 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

20210HB1357PN1469 - 78 -

remainder of the original sentence or sentences. Credit

awarded to a technical parole violator for time served on

parole in good standing is subject to forfeiture if the

offender is subsequently recommitted as a convicted parole

violator.

(3) The remainder shall be computed by the board 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.

20210HB1357PN1469 - 79 -

(v) Recommitment to:

(A) a State correctional institution;

(B) a contracted county jail;

(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 technical

parole 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] offender may be legally transferred.

(2) If paroled from a State correctional institution, to

any State correctional institution, parole violator center or

contracted county jail designated by the department.

20210HB1357PN1469 - 80 -

(3) Except as set forth in paragraph (4) or (5), the

[parolee] offender shall be recommitted for one of the

following periods, at which time the [parolee] offender shall

automatically be reparoled without further action by the

board:

(i) For the first recommitment under this

subsection, a maximum period of six months.

(ii) For the second recommitment under this

subsection for the same sentence, a maximum of nine

months.

(iii) 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) 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) 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

20210HB1357PN1469 - 81 -

recommitted for a maximum period of six months, after which

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

20210HB1357PN1469 - 82 -

(2) is operated in accordance with Chapter 50.

"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.]

Section 21.1. Section 6139 of Title 61, amended November 25,

2020 (P.L.1212, No 124), is amended to read:

§ 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

20210HB1357PN1469 - 83 -

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

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).

(3.3) The following apply:

(i) Notwithstanding the provisions of paragraphs (2)

and (3), if a parole decision has been issued by the

board within three years of the date of the current

application, the board shall not be required to consider

nor dispose of an application by an [inmate] offender or

an [inmate's] offender's attorney in the case of an

[inmate] offender sentenced under any of the following

provisions of 18 Pa.C.S. (relating to crimes and

offenses):

Section 2502(c) (relating to murder).

Section 2503 (relating to voluntary

manslaughter).

Section 2901(a.1) (relating to kidnapping).

Section 3011(b) (relating to trafficking in

individuals).

Section 3012 (relating to involuntary servitude).

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Section 3121 (relating to rape).

Section 3122.1(b) (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate

sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2(a.1) (relating to institutional

sexual assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126(a)(7) (relating to indecent

assault).

Section 4302(b) (relating to incest).

(ii) Nothing under this paragraph shall be

interpreted as granting a right to be paroled to any

person, and a decision by the board and its designees

relating to a person sentenced to an offense as set forth

under this paragraph may not be considered an

adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch.

(3.4) The following apply:

(i) Notwithstanding the provisions of paragraphs (2)

and (3), if a parole decision has been issued by the

board within three years of the date of the current

application, the board shall not be required to consider

nor dispose of an application by an [inmate] offender or

an [inmate's] offender's attorney in the case of an

[inmate] offender designated as a sexually violent

predator under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders) or I (relating to

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continued registration of sexual offenders).

(ii) Nothing under this section shall be interpreted

as granting a right to be paroled to any person, and a

decision by the board and its designees relating to a

person designated as a sexually violent predator may not

be considered an adjudication under 2 Pa.C.S. Chs. 5

Subch. A and 7 Subch. A.

(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 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.

This requirement does not apply to paroles under section

6137.1 (relating to short sentence parole).

(7) The board shall dispose of [the] an application

within six months of its filing.

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(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. In granting or revoking parole or

bringing an alleged parole violator before a hearing examiner,

the appearance may be conducted via videoconferencing or similar

virtual presence technology. Notwithstanding any other provision

of law to the contrary, a hearing examiner, hearing officer or

member of the board charged with making the parole release

decision shall be required to hear and see in person, without

the use of videoconferencing or similar virtual presence

technology, any in-person victim testimony under section 6140

(relating to victim statements, testimony and participation in

hearing) or under section 502(b) of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act. Nothing in

this section shall be construed to limit or reduce the rights of

victims under section 6140 or under section 502(b) of the Crime

Victims Act.

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

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offender's attorney, as the board shall direct, to the court and

district attorney of the county in which the [applicant]

offender was sentenced.

Section 22. Sections 6140, 6141 and 6143 of Title 61 are

amended to read:

§ 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] and family member shall have the opportunity

to present a statement for the parole report to be considered

at the parole hearing or to testify to the [parole] board

expressing his opinion concerning the release of the [inmate]

offender.

(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] and

family member must notify the board through the Office of Victim

Advocate of [his] the victim's and family member's intention to

do so and provide and keep current an appropriate mailing

address with the board.

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[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

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 and 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] 6172 (relating to

probation services).

(e) Notice of intent to present testimony.--The victim [or]

and family member shall notify the [board] Office of Victim

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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] examiner.--If the victim

[or] and 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] examiner designated to conduct

parole release hearings.

(g) Assignment to hearing examiner.--If the victim [or] and

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 [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]

and 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

20210HB1357PN1469 - 90 -

[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.

(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] and 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

20210HB1357PN1469 - 91 -

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.

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

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] and 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

20210HB1357PN1469 - 92 -

[inmate] offender and if, subsequent to that decision,

additional parole release hearings are conducted for that

same [inmate] offender, then the victim [or] and 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.

(i) Victim [or] and family member.--The term "victim [or]

and family member" shall be interpreted and applied to include

all victims and family members and shall not be interpreted or

applied to exclude any victim, victim's representative or family

member who wishes to submit a statement, testify or otherwise

participate under this section.

§ 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.

(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

20210HB1357PN1469 - 93 -

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).

(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

20210HB1357PN1469 - 94 -

parole under subsection (a).

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 23. Subchapter D of Chapter 61 of Title 61 is

repealed:

[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

20210HB1357PN1469 - 95 -

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.

"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

20210HB1357PN1469 - 96 -

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

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.

constitute an independent ground for suppression of evidence in

any probation or parole proceeding or criminal proceeding.

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(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.

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

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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

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 24. Chapter 61 of Title 61 is amended by adding

subchapters to read:

SUBCHAPTER F

20210HB1357PN1469 - 99 -

SUPERVISION OF OFFENDERS

Sec.

6171. Powers and duties of department.

6171.1. District offices.

6171.2. District directors.

6171.3. District office employees.

6172. Probation services.

6173. Investigation of circumstances of offense.

6174. Right of access to offenders.

6175. Investigations for the board of pardons.

§ 6171. Powers and duties of department.

(a) Powers and duties.--The department shall have the

following powers and duties:

(1) To first and foremost seek to protect the safety of

the public, to supervise any offender released on parole by

order of the board and to arrest, to 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

mandatory conditions of suspension established by the board.

Conditions not designated as mandatory by the board do not

require consent of the board.

(3) 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

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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 tests

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

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

20210HB1357PN1469 - 101 -

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

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 for purchasing community

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services to assist parolees, supplement existing programs and

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 former 42

Pa.C.S. § 2153(a)(14) (relating to powers and duties of

commission) 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.

(21) 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.

(22) Designate community corrections centers or

community corrections facilities where parolees are to be

housed.

(23) 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.

(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

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

20210HB1357PN1469 - 104 -

department.

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).

§ 6171.1. District offices.

(a) Principal office.--The department shall provide offices

for the board. The board 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.

(b) District offices.--The department 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 department to

other appropriate parole districts.

(1) The department 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 department shall provide such office accommodations,

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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 department may enter into contracts on behalf of

the Commonwealth for such office accommodations, furniture,

equipment and supplies through the Department of General

Services.

(d) Consideration for fixing compensation.--In fixing

compensation for its officers, clerks and employees under the

provisions of this chapter, the department 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 department in the same kind, grade or class

shall be fixed by it in accordance with such standard.

§ 6171.2. District directors.

(a) Establishment.--Each district office shall have a

district director who:

(1) Shall be appointed by the department.

(2) Shall receive such annual salary as the department

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 department assigned to the

district, subject to the supervision of the department.

§ 6171.3. District office employees.

(a) Board to appoint.--The department shall appoint in the

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various district offices a sufficient number of agents, clerks,

stenographers and other employees to fully and efficiently

administer the parole laws of this Commonwealth, but no employee

of the department shall be appointed by the department 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 department.

The department 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.

§ 6172. Probation services.

(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.

service training for personnel of county probation offices when

requested to do so by the court having jurisdiction of the

probation office.

§ 6173. 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

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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).

(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.

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:

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(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.

§ 6174. Right of access to offenders.

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.

§ 6175. 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 G

AGENTS

Sec.

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6181. Status as peace officers.

6182. Supervisory relationship to offenders.

§ 6181. 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.

§ 6182. 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

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) 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.

constitute an independent ground for suppression of evidence in

any probation, parole or criminal proceeding.

(d) Grounds for personal search of a department-supervised

offender.--

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(1) A personal search of an offender may be conducted by

an agent:

(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:

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(i) The observations of agents.

(ii) Information provided by others.

(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.

(e) 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.

(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 department.

Section 25. The definition of "board" in section 6302 of

Title 61 is amended to read:

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§ 6302. 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.]

* * *

Section 26. Sections 7115(a)(2) and (d), 7121 and 7122(a),

(b), (c) and (e) of Title 61 are amended to read:

§ 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

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

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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.

(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

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

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proper Federal authorities where the [parolee] offender is

placed into the Witness Protection Program of the United States

Department of Justice.

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.]

"Other verifiable means of support." The term includes, but

is not limited to, support by a parent, grandparent, sibling,

spouse or adult child. The term does not include public

assistance.

"Sexual offense."

(1) Any of the following offenses or an equivalent

offense that is classified as a felony and involves a victim

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:

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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).

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

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is not limited to, support by parent, grandparent, sibling,

spouse or adult child. The term does not include public

assistance.]

Section 27. 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, including the powers and duties

contained in 61 Pa.C.S. Ch. 61 Such. F and that formerly

resided within 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) Personnel transferred under this section who on

the effective date of this section hold civil service

employment status shall retain such status and

protections afforded under 71 Pa.C.S. Pt. III (relating

to civil service reform) while they remain in their

current position.

(iii) Unexpended balances of appropriations,

allocations and other funds available or to be made

available for use in connection with the functions,

powers and duties transferred under paragraph (1).

(3) To the extent that any employee of the Pennsylvania

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Parole Board is transferred to the Department of Corrections

as a result of this act, such action shall not require the

department or the Pennsylvania Parole Board to engage in

collective bargaining or impact bargaining with the

collective bargaining representative of the employees under

the act of July 23, 1970 (P.L.563, No.195), known as the

Public Employe Relations Act, or any other laws of this

Commonwealth.

Section 28. Any reference in law to a parole agent or

supervision staff shall be deemed a reference to an agent as

defined in 61 Pa.C.S. § 6101. This act does not change the

status of State parole agents for the purposes of the act of

July 23, 1970 (P.L.563, No.195), known as the Public Employe

Relations Act, or cause State parole agents to be considered

policemen for the purposes of the act of June 24, 1968 (P.L.237,

No.111), referred to as the Policemen and Firemen Collective

Bargaining Act.

Section 29. The Appropriation for the Pennsylvania Parole

Board and the Board of Pardons must each be in a separate line

item under the Department of Corrections.

Section 30. This act shall take effect immediately.

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