PRINTER'S NO. 2136
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1885
Session of
2021
INTRODUCED BY BULLOCK, KRAJEWSKI, SCHLOSSBERG, McNEILL, KINSEY,
SANCHEZ, PARKER, JOZWIAK, FIEDLER, HILL-EVANS, BURGOS,
HOHENSTEIN, T. DAVIS, HOWARD, SIMS, McCLINTON, ISAACSON,
FRANKEL, OTTEN, WEBSTER, ROZZI, NEILSON AND RABB,
SEPTEMBER 20, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 20, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for alternative sentencing for primary caretakers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9722.1. Alternative sentencing for primary caretakers.
(a) Sentencing.--Notwithstanding any other provision of law
and except as otherwise provided under this section, immediately
after the conviction of an individual for a nonviolent offense,
the court shall determine if the person convicted is a primary
caretaker of a dependent child. If the court determines that the
person convicted of a nonviolent offense is a primary caretaker
of a dependent child, the court shall impose an individually
assessed sentence without confinement in a prison, work camp,
halfway facility or similar institution and based on community
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rehabilitation with a focus on parent-child unity and support.
(b) Conditions.--In imposing a sentence on a primary
caretaker of a dependent child convicted of a nonviolent
offense, the court may require the individual to meet certain
conditions that the court considers appropriate, including any
of the following:
(1) Drug and alcohol treatment.
(2) Domestic violence education and prevention.
(3) Physical and sexual abuse counseling.
(4) Anger management.
(5) Vocational and educational services.
(6) Job training and placement education.
(7) Affordable and safe housing assistance education.
(8) Financial literacy.
(9) Parenting classes.
(10) Family and individual counseling.
(11) Family case management services.
(c) Appearance.--The court may require a primary caretaker
of a dependent child serving a sentence under this section to
appear in court at any time during the individual's sentence for
the following purposes:
(1) Evaluating the individual's progress in treatment or
rehabilitation.
(2) Determining if the individual has violated any
condition of the sentence.
(d) Modification.--During an appearance in court under
subsection (c), the court may:
(1) modify the conditions of a sentence imposed in
accordance with this section;
(2) decrease the duration of a sentence imposed under
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this section based on the individual's successful
advancement; or
(3) sanction the individual for a violation of any
condition of the sentence imposed under this section,
including requiring the individual to serve a term of
imprisonment within the range of the sentence for an
individual who is not a primary caretaker of a dependent
child as specified under the laws of this Commonwealth.
(e) 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:
"Dependent child." An individual who is under 18 years of
age.
"Nonviolent offense." An offense which is not a crime of
violence as defined in section 9714(g) (relating to sentences
for second and subsequent offenses).
"Primary caretaker of a dependent child." As follows:
(1) Any of the following:
(i) A parent who has consistently assumed
responsibility for the housing, health and safety of a
child prior to incarceration.
(ii) A woman who has given birth to a child after or
while awaiting her sentencing hearing and expresses a
willingness to assume responsibility for the housing,
health and safety of her child.
(2) A parent who, in the best interest of the child, has
arranged for the temporary care of the child in the home of a
relative or other responsible adult shall not, for that
reason, be excluded from this definition.
Section 2. This act shall take effect in 60 days.
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