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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: December 28, 2012 11:05 AM
From: Senator John H. Eichelberger, Jr.
To: All Senate members
Subject: Eichelberger-Abandonment of Contraband to probation/Parole
I plan to re-introduce legislation to put in place a uniform procedure for the disposition of contraband left in the possession of probation and parole agencies.

Title 42 (Judiciary and Judicial Procedure) and Title 61 (Prisons and Parole) of the PA Consolidated Statutes authorize probation and parole officers to seize contraband in the possession of persons under their supervision. While Title 42 contains a specific procedure with regard to contraband seized by law enforcement agencies, it is unclear what is to be done with property left in the hands of probation or parole agencies.

This session’s version of the legislation would put in place a uniform procedure where probation and parole agencies could declare an item “abandoned” when left unclaimed in its possession for two years or more. This abandonment process will not interfere with the existing statutory processes involving contraband forfeiture to law enforcement agencies or property escheat to the state treasury.

(Last session’s bill had a different procedure which was similar to that found in Chapter 68 of Title 42 relating to terrorism and controlled substance forfeitures. Co-sponsors of the legislation (SB 211) in the 2011-2012 session were: Rafferty, Orie, Alloway, Pileggi, Folmer, Stack, M. White, Wozniak and Greenleaf.)

Introduced as SB305