CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
                  Act of Jun. 22, 2000, P.L. 345, No. 41              Cl. 18
                             Session of 2000
                               No. 2000-41

     HB 28

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for drug trafficking sentencing
        and penalties, for sentence of partial confinement, for
        sentence of total confinement and for sentence of
        intermediate punishment; adding provisions relating to county
        intermediate punishment; and making a repeal.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 7508(a) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended by adding a paragraph to read:
      § 7508.  Drug trafficking sentencing and penalties.
        (a)  General rule.--Notwithstanding any other provisions of
     this or any other act to the contrary, the following provisions
     shall apply:
            * * *
            (7)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance or a
        mixture containing it is heroin shall, upon conviction, be
        sentenced as set forth in this paragraph:
                (i)  when the aggregate weight of the compound or
            mixture containing the heroin involved is at least 1.0
            gram but less than 5.0 grams the sentence shall be a
            mandatory minimum term of two years in prison and a fine
            of $5,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: a mandatory minimum term of three
            years in prison and $10,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity;
                (ii)  when the aggregate weight of the compound or
            mixture containing the heroin involved is at least 5.0
            grams but less than 50 grams: a mandatory minimum term of
            three years in prison and a fine of $15,000 or such
            larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
            however, if at the time of sentencing the defendant has
            been convicted of another drug trafficking offense: a
            mandatory minimum term of five years in prison and
            $30,000 or such larger amount as is sufficient to exhaust
            the assets utilized in and the proceeds from the illegal
            activity; and
                (iii)  when the aggregate weight of the compound or
            mixture containing the heroin involved is 50  grams or
            greater: a mandatory minimum term of five years in prison
            and a fine of $25,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; however, if at the
            time of sentencing the defendant has been convicted of
            another drug trafficking offense: a mandatory minimum
            term of seven years in prison and $50,000 or such larger
            amount as is sufficient to exhaust the assets utilized in
            and the proceeds from the illegal activity.
        * * *
        Section 2.  Section 9729 of Title 42 is repealed.
        Section 3.  Section 9755 of Title 42 is amended by adding a
     subsection to read:
      § 9755.  Sentence of partial confinement.
        * * *
        (h)  Sentence of partial confinement combined with sentence
     of intermediate punishment.--The court may impose a sentence of
     partial confinement without parole under this subsection only
     when:
            (1)  the period of partial confinement is followed
        immediately by a sentence imposed pursuant to section 9763
        (relating to sentence of intermediate punishment) in which
        case the sentence of partial confinement shall specify the
        number of days of partial confinement to be served; and
            (2)  the maximum sentence of partial confinement imposed
        on one or more indictments to run consecutively or
        concurrently total 90 days or less.
        Section 4.  Section 9756(c) of Title 42 is amended and the
     section is amended by adding a subsection to read:
      § 9756.  Sentence of total confinement.
        * * *
        (c)  Prohibition of parole for summary offenses.--[Except in
     the case of murder of the first degree, the] The court may
     impose a sentence to imprisonment without the right to parole
     under this subsection only when:
            (1)  a summary offense is charged;
            (2)  sentence is imposed for nonpayment of fines or
        costs, or both, in which case the sentence shall specify the
        number of days to be served; and
            (3)  the maximum term or terms of imprisonment imposed on
        one or more indictments to run consecutively or concurrently
        total less than 30 days.
        (c.1)  Sentence of total confinement combined with sentence
     of intermediate punishment.--The court may impose a sentence of
     imprisonment without parole under this subsection only when:
            (1)  the period of total confinement is followed
        immediately by a sentence imposed pursuant to section 9763
        (relating to sentence of intermediate punishment) in which
        case the sentence of total confinement shall specify the
        number of days of total confinement also to be served; and
            (2)  the maximum sentence of total confinement imposed on
        one or more indictments to run consecutively or concurrently
        total 90 days or less.
        * * *
        Section 5.  Sections 9763(a) and (d) and 9773(b) of Title 42
     are amended to read:
      § 9763.  Sentence of intermediate punishment.
        (a)  General rule.--In imposing a sentence of intermediate
     punishment, the court shall specify at the time of sentencing
     the length of the term for which the defendant is to be in an
     intermediate punishment program established under Chapter 98
     (relating to county intermediate punishment) or a combination of
     intermediate punishment programs. The term may not exceed the
     maximum term for which the defendant could be confined and the
     program to which the defendant is sentenced. The court may order
     a defendant to serve a portion of the sentence under section
     9755 (relating to sentence of partial confinement) or 9756
     (relating to sentence of total confinement) and to serve a
     portion in an intermediate punishment program or a combination
     of intermediate punishment programs.
        * * *
        (d)  Sentence following violation of condition.--The sentence
     to be imposed in the event of the violation of a condition under
     subsection (b) shall not be imposed prior to a finding on the
     record that a violation has occurred. Notwithstanding any other
     provision of law requiring notice prior to sentencing, in the
     event of a violation of a condition under subsection (b), the
     attorney for the Commonwealth may file notice at any time prior
     to resentencing of the Commonwealth's intention to proceed under
     an applicable provision of law requiring a mandatory minimum
     sentence.
      § 9773.  Modification or revocation of intermediate punishment
                sentence.
        * * *
        (b)  Revocation.--The court may revoke a sentence of
     intermediate punishment upon proof of a violation of specific
     conditions of the sentence. Upon revocation and subject to
     section 9763(d) (relating to sentence of intermediate
     punishment), the sentencing alternatives available to the court
     shall be the same as the alternatives available at the time of
     initial sentencing. Consideration shall be given to the time
     served in the intermediate punishment program.
        * * *
        Section 6.  Title 42 is amended by adding a chapter to read:
                                CHAPTER 98
                      COUNTY INTERMEDIATE PUNISHMENT
     Sec.
     9801.  Short title of chapter.
     9802.  Definitions.
     9803.  Purpose.
     9804.  County intermediate punishment programs.
     9805.  Boards.
     9806.  County intermediate punishment plan.
     9807.  Commission.
     9808.  Funding and audits.
     9809.  Prohibitions.
     9810.  Continued eligibility.
     9811.  Nonapplication of certain provisions.
     9812.  Construction.
      § 9801.  Short title of chapter.
        This chapter shall be known and may be cited as the County
     Intermediate Punishment Act.
      § 9802.  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."  A county prison board, in counties of the first and
     second class, the Criminal Justice Coordinating Commission or
     its successor agency.
        "Commission."  The Pennsylvania Commission on Crime and
     Delinquency.
        "County intermediate punishment plan."  A document which
     describes a proposed intermediate punishment program.
        "County intermediate punishment program."  A residential or
     nonresidential program provided in a community for eligible
     offenders.
        "Court."  The trial judge exercising sentencing jurisdiction
     over an eligible offender under this chapter. Trial judge may
     include a district justice if use of intermediate punishment
     programs by the minor judiciary is approved by the court of
     common pleas via administrative order or local rule.
        "Eligible offender."  Subject to section 9721(a.1) (relating
     to sentencing generally), a person convicted of an offense who
     would otherwise be sentenced to a county correctional facility,
     who does not demonstrate a present or past pattern of violent
     behavior and who would otherwise be sentenced to partial
     confinement pursuant to section 9724 (relating to partial
     confinement) or total confinement pursuant to section 9725
     (relating to total confinement). The term does not include an
     offender convicted of any of the following offenses:
            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).
            18 Pa.C.S. § 3121 (relating to rape).
            18 Pa.C.S. § 3122.1 (relating to statutory sexual
        assault).
            18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
        intercourse).
            18 Pa.C.S. § 3124.1 (relating to sexual assault).
            18 Pa.C.S. § 3125 (relating to aggravated indecent
        assault).
            18 Pa.C.S. § 3126 (relating to indecent assault).
            18 Pa.C.S. § 3301 (relating to arson and related
        offenses).
            18 Pa.C.S. § 3502 (relating to burglary) when graded as a
        felony of the first degree.
            18 Pa.C.S. § 3701 (relating to robbery).
            18 Pa.C.S. § 3923 (relating to theft by extortion).
            18 Pa.C.S. § 4302 (relating to incest).
            18 Pa.C.S. § 5121 (relating to escape).
        "Nonprofit agency."  A not-for-profit human service
     organization which provides treatment, guidance, counseling,
     training or rehabilitation services to individuals, families or
     groups.
      § 9803.  Purpose.
        County intermediate punishment programs shall be developed,
     implemented and operated for the following purposes:
            (1)  To protect society and promote efficiency and
        economy in the delivery of corrections services.
            (2)  To promote accountability of offenders to their
        local community.
            (3)  To fill gaps in local correctional systems and
        address local needs through expansion of punishment and
        services available to the court.
            (4)  To provide opportunities for offenders who
        demonstrate special needs to receive services which enhance
        their ability to become contributing members of the
        community.
      § 9804.  County intermediate punishment programs.
        (a)  Description.--County intermediate punishment program
     options shall include the following:
            (1)  Restrictive intermediate punishments providing for
        the strict supervision of the offender, including programs
        that:
                (i)  house the offender full or part time;
                (ii)  significantly restrict the offender's movement
            and monitor the offender's compliance with the program;
            or
                (iii)  involve a combination of programs that meet
            the standards set forth under subparagraphs (i) and (ii).
            (2)  When utilized in combination with restrictive
        intermediate punishments, restorative sanctions providing for
        nonconfinement sentencing options that:
                (i)  Are the least restrictive in terms of the
            constraint of the offender's liberties.
                (ii)  Do not involve the housing of the offender,
            either full or part time.
                (iii)  Focus on restoring the victim to pre-offense
            status.
        (b)  Eligibility.--
            (1)  No person other than the eligible offender shall be
        sentenced to a county intermediate punishment program.
            (2)  The Pennsylvania Commission on Sentencing shall
        employ the term "eligible offender" to further identify
        offenders who would be appropriate for participation in
        county intermediate punishment programs. In developing the
        guidelines, the commission shall give primary consideration
        to protection of the public safety.
            (3)  Any person receiving a penalty imposed pursuant to
        75 Pa.C.S. § 1543(b) (relating to driving while operating
        privilege is suspended or revoked) or 3731(e) (relating to
        driving under influence of alcohol or controlled substance)
        may only be sentenced to intermediate punishment program in:
                (i)  a residential inpatient program or a residential
            rehabilitative center;
                (ii)  house arrest and electronic surveillance
            combined with drug and alcohol treatment; or
                (iii)  partial confinement programs, such as work
            release, work camps and halfway facilities, combined with
            drug and alcohol treatment.
      § 9805.  Boards.
        (a)  Duty of board.--To qualify for funding under this
     chapter, a board must develop a county intermediate punishment
     program plan to be submitted to the commission.
        (b)  Joint judicial districts.--Where two counties comprise a
     joint judicial district, the counties may jointly submit a plan
     which shall require the concurrence of a majority of members
     from the boards of each county. The president judge of the
     judicial district shall chair the meetings of both boards for
     actions necessary pursuant to this chapter.
        (c)  Counties with no board.--If a county of the sixth,
     seventh or eighth class does not have a prison board, the county
     shall establish an intermediate punishment board for the purpose
     of complying with the requirements of this chapter. The
     intermediate punishment board shall consist of the president
     judge of the court of common pleas or his designee, the district
     attorney, the sheriff, the controller and the county
     commissioners.
        (d)  Powers and duties.--A board has the following powers and
     duties:
            (1)  To assess available countywide correctional services
        and future needs.
            (2)  To work with the county office of probation and
        parole in developing the county intermediate punishment plan.
            (3)  To adopt a county intermediate punishment plan,
        including program polices for administration.
            (4)  To make recommendations to the board of county
        commissioners, or chief executive officer in counties of the
        first class, on contracts with private providers or nonprofit
        agencies for the provision of intermediate punishment
        programs.
            (5)  To monitor the effectiveness of county correctional
        services and identify needed modifications.
            (6)  To make recommendations to the board of county
        commissioners, or chief executive officer in counties of the
        first class, regarding the purchase, lease or transfer of
        lands, buildings and equipment necessary to carry out the
        intermediate punishment plan.
            (7)  To designate the appropriate county office to
        maintain a case record for each individual admitted to a
        county intermediate punishment program within the county.
            (8)  To make an annual report on the program to the
        governing body of the county, the Pennsylvania Commission on
        Sentencing and the commission.
            (9)  To develop the county intermediate punishment plan
        under section 9806 (relating to county intermediate
        punishment plan).
        (e)  Advice to board.--
            (1)  When developing the county intermediate punishment
        plan, the board shall consult with county criminal justice
        and related human service providers as well as the public.
            (2)  At a minimum, the following shall be consulted for
        the purpose of developing the plan:
                (i)  Court of common pleas.
                (ii)  Board of county commissioners.
                (iii)  Intermediate Punishment Office.
                (iv)  Adult Probation and Parole Office.
                (v)  County jail.
                (vi)  District attorney.
                (vii)  Public defender or defense bar.
                (viii)  Single county authority.
                (ix)  Mental Health/Mental Retardation Office.
                (x)  Citizen input.
                (xi)  Victim input.
            (3)  The board may elect one of the following methods to
        solicit plan input from providers and the public:
                (i)  Expand the membership of the board for purposes
            of developing the county intermediate punishment plan to
            include those listed in paragraph (2).
                (ii)  Appoint an intermediate punishment advisory
            committee to include those listed in paragraph (2) to
            undertake any duties assigned by the board.
                (iii)  Develop an alternate process approved by the
            Pennsylvania Commission on Crime and Delinquency and
            involving those listed in paragraph (2).
      § 9806.  County intermediate punishment plan.
        (a)  Requirement.--The board may develop a plan for the
     implementation and operation of intermediate punishment programs
     in the county. The plan shall provide for all of the following:
            (1)  An assessment of available countywide correctional
        services and future needs.
            (2)  A review of current sentencing procedures and the
        impact these procedures have on county correctional
        resources.
            (3)  A review of current alternatives to pretrial
        detention and the potential these programs have for affecting
        the jail population.
            (4)  A description of the existing resources in the
        county which can be used as intermediate punishments or
        services to offenders sentenced to intermediate punishment.
            (5)  The formulation of policy statements targeted to the
        needs identified by the county and the impact these policies
        will have on the use of confinement and intermediate
        punishment.
            (6)  The development of goals and objectives which are
        aimed at effective utilization of existing and projected
        correctional resources.
            (7)  The development of an evaluation strategy which
        measures the qualitative and quantitative performances of all
        programs.
        (b)  Technical assistance.--The commission shall provide
     technical assistance to develop community corrections plans.
        (c)  Review and approval.--The plan shall be submitted to the
     commission for review and approval in the format designated by
     the commission. The commission shall complete its review within
     90 days of submission. Failure to disapprove or recommend
     amendment within 90 days shall constitute approval.
        (d)  Formal submission.--The plan and any proposed changes
     thereto shall be submitted on an annual basis.
      § 9807.  Commission.
        (a)  Powers and duties.--The commission shall have the
     following powers and duties:
            (1)  Subject to the provisions of subsection (b), to
        adopt rules and regulations pursuant to this act regarding:
                (i)  The submission, review and approval of county
            intermediate punishment plans.
                (ii)  Standards for the development, operation and
            evaluation of programs and services. In promulgating
            regulations under this subparagraph, the commission shall
            consider comments submitted by the counties.
                (iii)  The administration and disbursement of funds
            under this chapter.
            (2)  To provide training and technical assistance to
        boards and program staff.
            (3)  To ensure that all programs are in compliance with
        applicable Federal, State and local law.
            (4)  To monitor county intermediate punishment programs
        to determine their impact on offenders.
            (5)  To remit funds as provided for under section 9808
        (relating to funding and audits).
        (b)  Interim regulations.--Pending adoption and publication
     of final rules and regulations, the commission shall have the
     power and authority to suspend existing regulations and to
     promulgate, adopt, publish and use interim regulations for the
     implementation of this chapter for a period of one year
     immediately following the effective date of this chapter or
     until the effective date of final rules and regulations,
     whichever first occurs. Notwithstanding any other provision of
     law to the contrary, the interim regulations proposed under the
     authority of this section shall be subject to review by the
     Office of General Counsel and the Attorney General in the manner
     provided for the review of proposed rules and regulations
     pursuant to the act of October 15, 1980 (P.L.950, No.164), known
     as the Commonwealth Attorneys Act, and shall not be subject to
     review pursuant to the act of June 25, 1982 (P.L.633, No.181),
     known as the Regulatory Review Act.
      § 9808.  Funding and audits.
        (a)  Eligibility.--Subject to the availability of funding,
     counties with approved plans shall be eligible for direct
     funding determined by the commission to support the cost of
     intermediate punishment programs. This chapter shall not be
     construed to prohibit the use of Federal funds.
        (b)  Audit.--Annual reports and all financial records shall
     be subject to annual audit by the Auditor General.
      § 9809.  Prohibitions.
        (a)  General rule.--Recipients may not use funds granted
     under this chapter to supplant existing funds from the State or
     local government for existing correctional programs or for the
     construction, renovation or operation of a State, county or
     municipal incarceration facility.
        (b)  Administrative costs.--Administrative costs connected
     with the expenditure of county intermediate punishment funds
     under this chapter may not exceed a percentage amount
     established by the commission.
      § 9810.  Continued eligibility.
        (a)  Evaluation.--In order to remain eligible for continued
     grant funding, a county shall comply with commission standards
     and regulations and participate in an evaluation to determine
     program effectiveness. The form of the evaluation shall be
     determined by the commission.
        (b)  Suspension of funding.--
            (1)  If the commission determines that there are
        reasonable grounds to believe that a county is not complying
        with its plan or minimum standards, the commission shall give
        30 days' written notice to the board.
            (2)  If the commission finds noncompliance, it shall
        require the board to provide a written agreement as to how
        and when the specific deficiencies identified will be
        corrected.
            (3)  If no agreement is submitted to the commission
        within the time limit or if the deficiencies are not
        corrected within 45 days after an agreement has been approved
        by the commission, the commission may suspend part or all of
        the funding until compliance is achieved.
      § 9811.  Nonapplication of certain provisions.
        The provisions of the act of July 12, 1972 (P.L.762, No.180),
     referred to as the Intergovernmental Cooperation Law, shall not
     apply to counties which jointly submit a plan under the
     provisions of this chapter.
      § 9812.  Construction.
        Nothing in this chapter shall be construed as creating an
     enforceable right in any person to participate in an
     intermediate punishment program in lieu of incarceration.
     Nothing in this chapter shall be construed as requiring any
     county to appropriate funds for the implementation of an
     intermediate punishment program except as may be necessary to
     qualify for funds under this chapter.
        Section 7.  The act of December 19, 1990 (P.L.799, No.193),
     known as the County Intermediate Punishment Act, is repealed.
        Section 8.  This act shall take effect in 60 days.

     APPROVED--The 22nd day of June, A. D. 2000.

     THOMAS J. RIDGE