PRINTER'S NO. 2338
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2030
Session of
2021
INTRODUCED BY MIHALEK, THOMAS, PENNYCUICK, LABS, SCHROEDER,
HILL-EVANS, O'NEAL, KAIL, LEWIS DELROSSO, RYAN, MERCURI,
TOOHIL, MIZGORSKI AND JOZWIAK, OCTOBER 28, 2021
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 28, 2021
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in other criminal provisions, providing for
Learning Disability Intervention Needs Assessment Pilot
Program; in general administration, providing for earned
education credits; in recidivism risk reduction incentive,
further providing for recidivism risk reduction incentive
minimum; providing for Learning Disability Intervention Needs
Assessment Pilot Program; and, in Pennsylvania Board of
Probation and Parole, further providing for parole power and
for short sentence parole.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 99 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER B
LEARNING DISABILITY INTERVENTION NEEDS
ASSESSMENT PILOT PROGRAM
Sec.
9921. Purpose of subchapter.
9922. Definitions.
9923. Establishment of pilot program.
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9924. Duties of committee.
§ 9921. Purpose of subchapter.
This subchapter establishes a pilot program to assess the
need for learning disability intervention and support services
for individuals sentenced to probation to increase access to
education and employment opportunities for the purpose of
improving public safety outcomes.
§ 9922. 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:
"Commitee ." The County Adult Probation and Parole Advisory
Committee.
" Department." A county adult probation and parole department
selected to participate in the pilot program.
"Learning disability." A disorder in one or more of the
basic psychological processes involved in understanding or using
language, spoken or written, that may manifest itself in the
imperfect ability to listen, think, speak, read, write, spell or
to do mathematical calculations, including a perceptual
disability, a brain injury, minimal brain dysfunction, dyslexia
or developmental aphasia.
"Pilot program." The Learning Disability Intervention Pilot
Program established under section 9923 (relating to
establishment of pilot program).
§ 9923. Establishment of pilot program.
(a) Establishment.-- The committee shall establish the
Learning Disability Intervention Pilot Program to assess the
need for learning disability support services for individuals
sentenced to a term of probation who do not possess a general
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education development (GED) or high school diploma.
(b) Program operation.--The pilot program shall operate for
a period of six months beginning no later than one year after
the effective date of this section. Upon the expiration of the
six-month period under this subsection, the committee shall
submit a notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin. The pilot program
shall cease operations on the date of the publication of the
notice in the Pennsylvania Bulletin.
§ 9924. Duties of committee.
(a) Consultation.--Before the pilot program commences under
section 9923(b) (relating to establishment of pilot program),
the committee may enter into an agreement with a consultant that
specializes in and has expertise with the scientific basis of
learning disabilities and intervention for the purposes of
establishing, operating and evaluating the pilot program.
(b) Guidelines and procedures.--Before the pilot program
begins, the committee shall establish guidelines and procedures
for the pilot program, including all of the following:
(1) Eligibility criteria and selection of at least two
departments to participate in the pilot program.
(2) A research-based screening tool for learning
disabilities that is able to detect learning strengths and
weaknesses to indicate potential learning disabilities and is
efficient and low cost. Each department shall administer the
research-based screening tool for individuals sentenced to a
term of probation who do not possess a general education
development (GED) or high school diploma.
(3) A uniform procedure for each department to report
data and information about the operation of the pilot program
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to the committee.
(4) An evaluation and review of the pilot program.
(c) Evaluation.--No later than two years after the effective
date of this section, the committee shall evaluate the pilot
program, including recommendations regarding the provision of
learning disability intervention and support services by each
department. The committee shall post the evaluation on the
Pennsylvania Commission on Crime and Delinquency's publicly
accessible Internet website.
Section 2. Chapter 11 of Title 61 is amended by adding a
subchapter to read:
SUBCHAPTER E
EARNED EDUCATION CREDITS
Sec.
1181. Scope and purpose of subchapter.
1182. Earned education credit.
1183. Rules and regulations.
§ 1181. Scope and purpose of subchapter.
This subchapter relates to earned education credits. This
subchapter seeks to encourage inmate participation and
completion of inmate education and training for the purposes of
improving public safety outcomes.
§ 1182. Earned education credit.
(a) Sentence reduction .--Except as provided under this
section, an inmate sentenced on or after the effective date of
this section and incarcerated under the supervision of the
department shall earn education credits toward a sentence
reduction according to the following schedule:
(1) Ten days per month for regular participation in
inmate education services provided by the Bureau of
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Correction Education within the department, which shall not
exceed 90 days per education program.
(2) Ninety days for attaining a general education
development (GED).
(3) One hundred twenty days for attaining a high school
diploma.
(4) One hundred eighty days for attaining a degree from
an institution of higher education.
(b) Limitation.--An inmate may not earn education credits
under subsection (a) in excess of one-fourth of the inmate's
minimum sentence.
(c) Exclusions.--An inmate sentenced for a conviction under
any of the following may not earn education credits under
subsecton (a):
(1) 18 Pa.C.S. § 2502 (relating to murder).
(2) 18 Pa.C.S. § 3011(b) (relating to trafficking in
individuals).
(3) 18 Pa.C.S. § 3012 (relating to involuntary
servitude).
(4) 18 Pa.C.S. § 3121 (relating to rape).
(5) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual
assault).
(6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(7) 18 Pa.C.S. § 3125(b) (relating aggravated indecent
assault).
(8) A crime subject to a mandatory term of imprisonment
under 42 Pa.C.S. § 9717 (relating to sentence for offenses
against elderly persons), 9718 (relating to sentences for
offenses against infant persons) or 9718.1 (relating to
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sexual offender treatment).
(d) Parole.--The board may exercise its power to parole an
inmate at the expiration of the minimum term of imprisonment
fixed by the court in its sentence less any earned education
credits under subsection (a).
§ 1183. Rules and regulations.
The department and board may each promulgate rules and
regulations as deemed necessary to implement and administer this
subchapter.
Section 3. Section 4506 of Title 61 is amended by adding a
subsection to read:
§ 4506. Recidivism risk reduction incentive minimum.
* * *
(e) Effect of earned education credits.--If an inmate who
has been sentenced to a recidivism risk reduction incentive
minimum sentence has earned education credit under Subchapter E
of Chapter 11 (relating to earned education credits) and, at the
expiration of that recidivism risk reduction incentive minimum
sentence, less any earned education credits under Subchapter E
of Chapter 11 , has met the requirements under subsection (a),
the board or its designee shall issue a decision to parole,
without further review by the board, at that date.
Section 4. Title 61 is amended by adding a chapter to read:
CHAPTER 52
LEARNING DISABILITY INTERVENTION
NEEDS ASSESSMENT PILOT PROGRAM
Sec.
5201. Purpose of chapter.
5202. Definitions.
5203. Establishment of pilot program.
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5204. Duties of department.
§ 5201. Purpose of chapter.
This subchapter establishes a pilot program to assess the
need for learning disability intervention and support services
for inmates under the supervision of the department to increase
access to education and employment opportunities for the
purposes of improving public safety outcomes.
§ 5202. 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:
"Learning disability." A disorder in one or more of the
basic psychological processes involved in understanding or using
language, spoken or written, that may manifest itself in the
imperfect ability to listen, think, speak, read, write, spell or
to do mathematical calculations, including a perceptual
disability, a brain injury, minimal brain dysfunction, dyslexia
or developmental aphasia.
"Pilot program." T he Learning Disability Intervention Pilot
Program established under section 5203(a) (relating to
establishment of pilot program).
§ 5203. Establishment of pilot program.
(a) Establishment.--The department shall establish the
Learning Disability Intervention Pilot Program to assess the
need for learning disability support services for inmates under
the supervision of the department who do not possess a general
education development (GED) or high school diploma.
(b) Program operation.--The pilot program shall operate for
a period of six months beginning no later than one year after
the effective date of this section. Upon the expiration of the
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six-month period under this subsection, the committee shall
submit a notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin. The pilot program
shall cease operations on the date of the publication of the
notice in the Pennsylvania Bulletin.
§ 5204. Duties of department.
(a) Consultation.--The Bureau of Correction Education within
the department may enter into an agreement with a consultant
that specializes in and has expertise with the scientific basis
of learning disabilities and intervention for the purposes of
establishing, operating and evaluating the pilot program .
(b) Guidelines and procedures.--The department shall
establish guidelines and procedures for the pilot program,
including all of the following:
(1) A research-based screening tool for learning
disabilities that is able to detect learning strengths and
weaknesses to indicate potential learning disabilities and is
efficient and low cost. The Bureau of Correction Education
shall administer the research-based screening tool for
individuals under the supervision of the department who does
not possess a general education development (GED) or high
school diploma.
(2) A uniform procedure for the Bureau of Correction
Education to report data and information about the operation
of the pilot program.
(3) An evaluation and review of the pilot program.
(c) Evaluation.--No later than two years after the effective
date of this section, the department shall evaluate the pilot
program, including recommendations regarding the provision of
learning disability intervention and support services to inmates
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under the supervision of the department. The department shall
post the evaluation on the department's pubilcily accessible
Internet website.
Section 5. Section 6137(a)(3) and (3.1)(i) and (g)(2),
(2.1), (4) introductory paragraph and (5) of Title 61, amended
June 30, 2021 (P.L.260, No.59), are amended to read:
§ 6137. Parole power.
(a) General criteria for parole.--
* * *
(3) The power to parole granted under this section to
the board may not be exercised in the board's discretion at
any time before, but only after, the expiration of the
minimum term of imprisonment fixed by the court in its
sentence, less any earned education credits under Subchapter
E of Chapter 11 (relating to earned education credits), or by
the Board of Pardons in a sentence which has been reduced by
commutation.
(3.1) (i) Following the expiration of the offender's
minimum term of imprisonment, less any earned education
credits under Subchapter E of Chapter 11, if the primary
reason for not paroling the offender is the offender's
inability to access and complete prescribed programming
within the correctional institution, the board may
release the offender on parole with the condition that
the offender complete the prescribed programming while on
parole.
* * *
(g) Procedures for Recidivism Risk Reduction Incentive.--
* * *
(2) Upon identification of an inmate as an eligible
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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 offender's minimum sentence, less any earned education
credits under Subchapter E of Chapter 11, indicating that the
department has preliminarily identified the 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
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 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 offender's minimum sentence,
less any earned education credits under Subchapter E of
Chapter 11. The notice may be sent electronically. For
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.
* * *
(4) If no notice of objection has been filed under
paragraph (3), the eligible offender shall be paroled at the
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minimum date, or a minimum date less any earned education
credits under Subchapter E of Chapter 11, whichever comes
first, upon a determination by the board or the board's
designee that all of the following apply:
* * *
(5) If the court or prosecuting attorney files a timely
objection under paragraph (3), the board shall make a
determination as to whether the 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[.], or a minimum parole date
less any earned education credits under Subchapter E of
Chapter 11, whichever comes first . If the board determines
that the offender is an eligible offender under this chapter,
the board shall follow the provisions under paragraph (4). If
the board determines that the 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 offender should be paroled at the
minimum date, less any earned education credits under
Subchapter E of Chapter 11, paroled at a later date or denied
parole.
* * *
Section 6. Section 6137.1(b) of Title 61 is amended to read:
§ 6137.1. Short sentence parole.
* * *
(b) Approval of parole.--The board shall, without requiring
an interview, approve for parole a person eligible for short
sentence parole under this section at the expiration of the
person's minimum date, less any earned education credits under
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Subchapter E of Chapter 11 (relating to earned education
credits), or recidivism risk reduction incentive minimum date,
less any earned education credits under Subchapter E of Chapter
11, whichever is shorter. If the person was committed to the
department after expiration of the person's minimum date, the
board shall approve the person for parole within 30 days after
commitment to the department.
* * *
Section 7. This act shall take effect in 60 days.
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