PRINTER'S NO. 464
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
5
Session of
2021
INTRODUCED BY BARTOLOTTA, A. WILLIAMS, KEARNEY, FONTANA, STREET,
TARTAGLIONE, COLLETT, MENSCH, PITTMAN, STEFANO, CAPPELLETTI,
KANE, BOSCOLA AND HAYWOOD, MARCH 19, 2021
REFERRED TO JUDICIARY, MARCH 19, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, providing for adoption of guidelines for
administrative probation violations; and, in sentencing,
further providing for sentencing generally, for order of
probation, for modification or revocation of order of
probation and for court-imposed sanctions for violating
probation and providing for resentencing of certain offenders
incarcerated due to revocation of probation.
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:
§ 2154.8. Adoption of guidelines for administrative probation
violations.
Within 180 days of the effective date of this section, the
commission shall adopt guidelines for a graduated response to
administrative probation violations. The guidelines may not
include imprisonment for more than 30 days.
Section 2. Section 9721(a.1) of Title 42 is amended by
adding a paragraph to read:
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§ 9721. Sentencing generally.
* * *
(a.1) Exception.--
* * *
(4) A court may not impose a sentence of probation
consecutive to another sentence of probation, total
confinement or State or county intermediate punishment.
* * *
Section 3. Sections 9754, 9771 and 9771.1 of Title 42 are
amended to read:
§ 9754. Order of probation.
(a) General rule.--In imposing an order of probation the
court shall specify at the time of sentencing the length of any
term during which the defendant is to be supervised[, which term
may not exceed the maximum term for which the defendant could be
confined, and the authority that shall conduct the supervision.]
and that the term of probation may be continued, extended or
terminated. The court shall consider probation guidelines
adopted by the Pennsylvania Commission on Sentencing under
sections 2154 (relating to adoption of guidelines for
sentencing) and 2154.1 (relating to adoption of guidelines for
restrictive conditions).
(a.1) Misdemeanors and felonies.--The total probation period
may not exceed the following:
(1) for a felony, five years; and
(2) for a misdemeanor, three years.
(a.2) Nonpayment of fines, costs or restitution.--The court
may not extend the period of supervision due to nonpayment of
fines, costs or restitution unless the court makes a finding on
the record that the defendant is financially able to pay and has
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willfully refused to do so.
(b) Conditions generally.--The court shall attach reasonable
conditions authorized by section 9763 (relating to conditions of
probation) as it deems necessary to ensure or assist the
defendant in leading a law-abiding life.
(d) Sentence following violation of probation.--The sentence
to be imposed in the event of the violation of a condition shall
[not be fixed prior to a finding on the record that a violation
has occurred.] conform with the guidelines adopted under section
2154.8 (relating to adoption of guidelines for administrative
probation violations).
§ 9771. Modification or revocation of order of probation.
(a) General rule.--The court has inherent power to at any
time terminate continued supervision, lessen the conditions upon
which an order of probation has been imposed or increase the
conditions under which an order of probation has been imposed
upon a finding that a person presents an identifiable threat to
public safety.
(b) Revocation.--The court may increase the conditions,
impose a brief sanction under section 9771.1 (relating to court-
imposed sanctions for violating probation) or revoke an order of
probation upon proof of the violation of specified conditions of
the probation. Upon revocation the sentencing alternatives
available to the court shall be [the same as were available at
the time of initial sentencing, due consideration being given to
the time spent serving the order of probation] those adopted
under section 2154.8 (relating to adoption of guidelines for
administrative probation violations). The attorney for the
Commonwealth may file notice at any time prior to resentencing
of the Commonwealth's intention to proceed under an applicable
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provision of law requiring a mandatory minimum sentence.
(c) Limitation on sentence of total confinement.--[The]
Except for defendants who were admitted to a program established
under section 9771.1 (relating to court-imposed sanctions for
violating probation), the court shall not impose a sentence of
total confinement upon revocation unless it finds that:
(1) the defendant has been convicted of another [crime;
or] felony, in which case the court may sentence the
defendant to the sentencing alternatives available at the
time of the initial sentencing;
(1.1) the defendant has been convicted of another
misdemeanor, in which case the court may sentence the
defendant to imprisonment for not more than six months; or
(2) the conduct of the defendant indicates that it is
likely that [he] the defendant will commit another crime if
[he] the defendant is not imprisoned[; or
(3) such a sentence is essential to vindicate the
authority of the court.] and no other condition of
supervision or treatment would decrease the likelihood that
the defendant will commit a future crime, in which case the
court may sentence the defendant to imprisonment for not more
than 30 days.
(d) Hearing required.--There shall be no revocation or
increase of conditions of sentence under this section except
after a hearing at which the court shall consider the record of
the sentencing proceeding together with evidence of the conduct
of the defendant while on probation. Probation may be eliminated
or the term decreased without a hearing.
(e) Early termination of probation for merit time.--Where a
defendant has successfully completed 18 months of supervised
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probation without violation or revocation, the probation
sentence shall be terminated by the county probation department.
§ 9771.1. Court-imposed sanctions for violating probation.
(a) Program.--Notwithstanding the provisions of section 9771
(relating to modification or revocation of order of probation),
the court of common pleas of a judicial district may establish a
program to impose swift, predictable and brief sanctions on
persons who violate their probation.
(b.1) Warning.--
(1) At the time of sentencing, the court shall hold a
warning hearing for each participant in the program to
clearly communicate program expectations and consequences and
to encourage the participant's compliance and success.
(2) The court shall emphasize the expectations that the
participant remain drug free and comply with any treatment or
services ordered by the court as a condition of the
participant's probation.
(3) The court shall put the participant on notice that
each probation violation, including missed appointments and
positive drug tests, will result in jail time as provided for
under subsection (g).
(4) A warning shall be provided to the participant at
the warning hearing verbally and in writing.
(f) Violation hearing.--If a participant commits a probation
violation, the participant shall promptly be arrested, and a
hearing shall be held no later than two business days after the
arrest date.
(g) Sanctions.--
(1) The court shall impose a term of imprisonment of up
to:
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(i) three days for a first violation;
(ii) seven days for a second violation;
(iii) fourteen days for a third violation; and
(iv) twenty-one days for a fourth or subsequent
violation of probation.
(2) The court may allow the term of imprisonment to be
served on weekends or other nonwork days for employed
probationers who have committed a first or second violation.
(3) The court may increase the conditions of probation,
including additional substance abuse treatment for a
participant who has failed one or more drug tests.
(h) Exceptions.--If the participant is able to provide a
compelling reason for the probation violation, the court may
grant an exception to the sanctions authorized under subsection
(g).
(i) Revocation of probation.--
(1) After a third violation, the court may revoke the
order of probation.
(2) Upon revocation, the sentencing alternatives shall
be [the same as were available at the time of initial
sentencing, due consideration being given to the time spent
serving the order of probation] in accordance with section
9771(c).
(j) Local rules.--
(1) The court may adopt local rules for the
administration of this program. [Except as provided for under
paragraph (2), the] The local rules [may not be inconsistent]
must be consistent with this section or any rules adopted by
the Supreme Court.
[(2) The court may adopt local rules that are
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inconsistent with subsection (g) regarding the terms of
imprisonment or other sanctions or conditions provided for
under subsection (g).]
Section 4. Title 42 is amended by adding a section to read:
§ 9771.2. Resentencing of certain offenders incarcerated due to
revocation of probation.
(a) General rule.--The sentencing court shall resentence a
defendant as provided under section 9771(c) (relating to
modification or revocation of order of probation) upon petition
of the defendant and proof of all of the following:
(1) The defendant's probation sentence was revoked and
the petitioner was sentenced to imprisonment for more than
one year as a result of an administrative probation
violation.
(2) The defendant has no disciplinary infractions during
imprisonment.
(3) The defendant has no pending criminal charges or
convictions for a new offense since the date the petitioner
was placed on probation.
(b) Petition procedure.--The petition for resentencing shall
be recognized as an authorized motion for sentence modification,
assigned an identification code by the Administrative Office of
Pennsylvania Courts and shall not require payment of a filing
fee.
(c) Successive petitions.--A successive petition may not be
considered by the sentencing court unless new grounds are raised
in the petition. Any successive petition that is not scheduled
for a hearing within 30 days after filing shall be deemed denied
by operation of law.
Section 5. This act shall take effect immediately.
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