Trial Engrossment of Amendment A04173 to Senate Bill 0501 P.N. 0692, Regular Session 2019-2020

A04173

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

501

Session of

2019

INTRODUCED BY KILLION, BAKER, BARTOLOTTA, STREET, COLLETT,

A. WILLIAMS, LEACH, SCHWANK, COSTA, HAYWOOD, PHILLIPS-HILL,

STEFANO, TARTAGLIONE, YUDICHAK AND J. WARD, MARCH 25, 2019

SENATOR BAKER, JUDICIARY, AS AMENDED, MAY 1, 2019

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 61

(Prisons and Parole) of the Pennsylvania Consolidated

Statutes, in judicial boards and commissions, further

providing for powers and duties, providing for commission,

for composition of commission and for powers and duties of

commission, for adoption of guidelines for sentencing, for

adoption of guidelines for county intermediate punishment,

for adoption of guidelines for State intermediate punishment

and for adoption of risk assessment instrument; in judgments

and other liens, further providing for personal earnings

exempt from process; in sentencing, further providing for

sentences for offenses against infant persons, for sentencing

generally, for collection of restitution, reparation, fees,

costs, fines and penalties, for payments of court costs,

restitution and fines, for order of probation, for sentence

of partial confinement, for sentence of total confinement,

for sentence of county intermediate punishment, for

information required upon commitment and subsequent

disposition, for modification or revocation of order of

probation, for court-imposed sanctions for offenders

violating probation, for modification or revocation of county

intermediate punishment sentence and for revocation of State

intermediate punishment sentence; in county intermediate

punishment, further providing for county intermediate

punishment programs and for continued eligibility; in

motivational boot camp, further providing for definitions,

for selection of inmate participants and for motivational

boot camp program; in State intermediate punishment, further

providing for scope of chapter, for definitions, for

referral to State intermediate punishment program, for drug

offender treatment program and for reports; in recidivism

risk reduction incentive, further providing for definitions,

for sentencing, for evaluation and for reports; in

miscellaneous provisions, further providing for

confidentially of victim information; in Pennsylvania Board

of Probation and Parole, further providing for definitions,

for advisory committee, for general powers of board, for

probation services, for parole power, providing for short

sentence parole and for reentry supervision, further

providing for violation of terms of parole and, for parole

procedure and for victim statements, testimony and

participation in hearing and providing for parolee homicide

review; in county probation officers' firearm education and

training, further providing for County Probation Officers'

Firearm Education and Training Commission and for commission

membership; and making conforming amendments; and making a

related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2153(a) of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph and the

section is amended by adding a subsection to read:

§ 2153. Powers and duties.

(a) General rule.--The commission, pursuant to rules and

regulations, shall have the power to:

* * *

(16) Report to the General Assembly on:

(i) implementation of revisions to the guidelines

under sections 2154 (relating to adoption of guidelines

for sentencing) and 2154.1 (relating to adoption of

guidelines for restrictive conditions);

(ii) implementation and outcomes of justice

reinvestment funding to county probation;

(iii) use of court-imposed sanctions for violating

probation under section 9771.1 (relating to court-imposed

sanctions for violating probation);

(iv) in consultation with the Office of the Budget

and the Department of Corrections, the implementation of

short sentence parole under 61 Pa.C.S. § 6137.1 (relating

to short sentence parole), use of the State drug

A04173 - 2 -

treatment program under 61 Pa.C.S. Ch. 41 (relating to

State drug treatment program) and use of sanctions for

technical parole violations under 61 Pa.C.S. § 6138(c)(8)

(relating to violation of terms of parole); and

(v) evaluations of the effectiveness of various

criminal justice interventions and programming, including

restrictive conditions of probation, recidivism risk

reduction incentive programs, the State drug treatment

program, the State motivational boot camp program,

pretrial diversion programs, prisoner treatment programs

and prisoner reentry programs. For evaluations of the

effectiveness of programs in reducing recidivism, the

commission shall report on:

(A) The number of individuals eligible for the

program, the number of individuals participating in

the program and the number of individuals who

successfully completed the program during the period

under study.

(B) The recidivism rates for participants of the

program and for a comparison group of individuals who

did not participate in the program.

commission believes would make the program more

effective.

(D) Any other information the commission deems

relevant.

* * *

(d) Hearings.--The General Assembly shall convene hearings

in the appropriate committees to hear and deliberate upon

reports under subsection (a)(16).

A04173 - 3 -

Section 1. Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding sections to read:

§ 2151.2. Commission.

(a) Continuation.--The commission is continued as an agency

of the General Assembly.

(b) Seal.--The commission shall have a seal engraved with

the commission's name and such other inscription as may be

specified by regulation of the commission.

§ 2152. Composition of commission.

(a) Members.--The Pennsylvania Commission on Sentencing

shall consist of the following:

(1) One individual selected by the Speaker of the House

of Representatives, who shall be a district attorney.

(2) One individual selected by the President pro tempore

of the Senate, who shall be a defense attorney.

(3) Two judges of courts of record selected by the Chief

Justice of Pennsylvania.

(4) Two judges of courts of record, one of whom shall be

selected by the President Judge of Commonwealth Court and one

of whom shall be selected by the President Judge of the

Superior Court.

(5) One individual selected by the Chief Justice of

Pennsylvania, who shall be a professor of law knowledgeable

in criminal sentencing.

(6) One member of the Senate selected by the President

pro tempore of the Senate.

(7) One member of the Senate selected by the Minority

Leader of the Senate.

(8) One member of the House of Representatives selected

by the Majority Leader of the House of Representatives.

A04173 - 4 -

(9) One member of the House of Representatives selected

by the Minority Leader of the House of Representatives.

(b) Ex officio members.--The Secretary of Corrections and

the chairperson of the board, during their tenure in their

respective positions, shall serve as ex officio nonvoting

members of the commission.

serve for terms of two years and until a successor has been

selected and qualified. A vacancy on the commission shall be

filled for the balance of the term.

(d) Chairperson and Executive Director.--The commission

shall select a chairperson from its members and an Executive

Director. The chairperson shall:

(1) Preside at meetings of the commission.

(2) Direct the preparation of requests for

appropriations for the commission and the use of funds made

available to the commission.

(e) Meetings and quorum.--

(1) The commission shall meet at least four times a year

and not less than semiannually to establish the commission's

general policies and rules.

(2) The commission shall be deemed an "agency" within

the meaning of and shall be subject to the provisions of 65

Pa.C.S. Ch. 7 (relating to open meetings).

(3) Seven commissioners shall constitute a quorum for

the purpose of adopting proposed initial and subsequent

guidelines. A majority of commissioners shall constitute a

quorum for all other purposes.

(4) Minutes of meetings shall be kept by the Executive

Director and filed at the executive office of the commission.

A04173 - 5 -

(f) Records of action.--Except as otherwise provided by law,

the commission shall maintain and make available for public

inspection a record of the final vote of each member on any

action taken by the commission.

(g) Expenses.--Each commissioner shall be entitled to

reimbursement for each commissioner's accountable expenses

incurred while engaged in the business of the commission.

(h) Competency to testify.--In a judicial, administrative or

similar proceeding, a commissioner or commission staff shall not

be competent to testify and may not be required to produce

records or other discovery as to any statement, conduct,

decision or deliberation occurring during the course of official

business, to the same extent as a legislator or legislative

staff of this Commonwealth acting in a legislative capacity.

§ 2153. Powers and duties of commission.

(a) Powers and duties.--The commission, in accordance with

the rules and regulations of the commission, shall have the

powers to:

(1) Establish general policies and promulgate such rules

and regulations for the commission as are necessary to

administer this subchapter and Chapter 97 (relating to

sentencing).

(2) Utilize, with the consent of Federal, State, local

and private agencies and instrumentalities, the services,

equipment, personnel, information and facilities of the

Federal, State, local and private agencies and

instrumentalities with or without reimbursement.

(3) Enter into and perform such contracts, leases,

cooperative agreements and other transactions as may be

necessary in the conduct of the functions of the commission,

A04173 - 6 -

with any public agency or with any person, firm, association,

corporation, educational institution or nonprofit

organization.

(4) Request such information, data and reports from any

officer or agency of the Commonwealth as the commission may

from time to time require and as may be produced consistent

with any other Federal or State law.

(5) Arrange with the head of any government unit for the

performance by the government unit of any function of the

commission, with or without reimbursement.

(6) Issue invitations requesting the attendance and

testimony of witnesses and the production of any evidence

that relates directly to a matter with respect to which the

commission or any member thereof is empowered to make a

determination under this subchapter.

(7) Establish a research and development program within

the commission for the purpose of:

(i) Serving as a clearinghouse and information

center for the collection, preparation and dissemination

of information on Commonwealth sentencing, resentencing

and parole practices.

(ii) Assisting and serving in a consulting capacity

to the board, State courts, departments and agencies in

the development, maintenance and coordination of sound

sentencing, resentencing and parole practices.

(8) Collect systematically the data obtained from

studies, research and the empirical experience of public and

private agencies concerning the sentencing processes.

(9) Publish data concerning the sentencing and parole

processes.

A04173 - 7 -

(10) Collect systematically and disseminate information

concerning parole dispositions and sentences actually

imposed, including initial sentences and any subsequent

modification of sentences or resentences following revocation

or remand, and parole and reparole decisions by the board and

any other parole authority.

(11) Collect systematically and disseminate information

regarding effectiveness of parole dispositions and sentences

imposed.

(12) Make recommendations to the General Assembly

concerning modification or enactment of sentencing, parole

and correctional statutes which the commission finds to be

necessary and advisable to carry out an effective, humane and

rational sentencing, resentencing and parole policy.

(13) Establish a plan and timetable to collect and

disseminate information relating to incapacitation,

recidivism, deterrence and overall effectiveness of sentences

and parole dispositions imposed.

(14) Establish a program to systematically monitor

compliance with the guidelines, with the risk assessment

instrument, with recommitment ranges and with mandatory

sentencing laws to document eligibility for a release in

accordance with a county reentry plan, to document

eligibility for and imposition of recidivism risk reduction

incentive minimum sentences and to document all parole and

reparole decisions by the board and any other paroling

authority by:

(i) Promulgating forms which document the

application of sentencing, resentencing and parole

guidelines, mandatory sentencing laws, risk assessment

A04173 - 8 -

instrument, releases in accordance with a county reentry

plan, recommitment ranges and recidivism risk reduction

incentive minimum sentences and collecting information on

all parole and reparole decisions by the board and any

other paroling authority.

(ii) Requiring the timely completion and electronic

submission of such forms to the commission.

(15) Prior to adoption of changes to guidelines for

sentencing, resentencing and parole, risk assessment

instrument and recommitment ranges following revocation, use

a correctional population simulation model to determine:

(i) Resources that are required under current

guidelines, risk assessment instrument and ranges.

(ii) Resources that would be required to carry out

any proposed changes to the guidelines, risk assessment

instrument and ranges.

(16) Report to the General Assembly on:

(i) implementation of revisions to the guidelines

under sections 2154 (relating to adoption of guidelines

for sentencing) and 2154.1 (relating to adoption of

guidelines for county intermediate punishment);

(ii) implementation and outcomes of justice

reinvestment funding to county probation;

(iii) use of court-imposed sanctions for violation

of probation under section 9771.1 (relating to court-

imposed sanctions for offenders violating probation);

(iv) in consultation with the Office of the Budget

and the Department of Corrections, implementation of

short sentence parole under 61 Pa.C.S. § 6137.1 (relating

to short sentence parole), use of the State Drug

A04173 - 9 -

Treatment Program under 61 Pa.C.S. Ch. 41 (relating to

State drug treatment program) and use of sanctions for

technical parole violations under 61 Pa.C.S. § 6138(c)

(1.2) (relating to violation of terms of parole); and

(v) evaluations of the effectiveness and cost-

benefit of various criminal justice interventions and

programming, including restrictive conditions of

probation, recidivism risk reduction incentive programs,

the State Drug Treatment Program, the State Motivational

Boot Camp Program, pretrial diversion programs, prisoner

treatment programs and prison reentry programs. For

evaluations of the effectiveness and cost-benefit of a

program in reducing recidivism, the commission shall

report on:

(A) The number of individuals eligible for the

program, the number of individuals participating in

the program and the number of individuals who

successfully completed the program during the period

under study.

(B) The recidivism rates for participants of the

program and for a comparison group of individuals who

did not participate in the program.

commission believes would make the program more

effective.

(D) Any other information the commission deems

relevant.

(b) Annual reports.--The commission shall report annually to

the Governor, the General Assembly and the Administrative Office

of Pennsylvania Courts on the activities of the commission.

A04173 - 10 -

such other powers and duties and shall perform such other

functions as may be necessary to carry out the purposes of this

subchapter or as may be provided under any other provision of

State law and may delegate to any commissioner or designated

person such powers as may be appropriate other than the power to

establish general policies, guidelines, rules and factors under

subsection (a)(1).

Section 2. Sections 2154 and 2154.1 of Title 42 are amended

to read:

§ 2154. Adoption of guidelines for sentencing.

(a) General rule.--The commission shall adopt guidelines for

sentencing within the limits established by law which shall be

considered by the sentencing court in determining the

appropriate sentence for defendants who plead guilty or nolo

contendere to, or who were found guilty of, felonies and

misdemeanors. In adopting guidelines, the commission shall

recommend confinement that is consistent with the protection of

the public, the gravity of the offense as it relates to the

impact on the life of the victim and the community and the

rehabilitative needs of the offender. The guidelines shall

rehabilitative needs of the offender.

(b) Factors.--The guidelines shall address the following

retributive factors:

(1) Seriousness of the offense, by specifying the range

of sentences applicable to crimes of a given degree of

gravity[, including incapacitation of serious violent

offenders].

(2) Criminal history, by specifying a range of sentences

of increased severity or intensity of intervention for

A04173 - 11 -

offenders previously convicted of or adjudicated delinquent

for one or more misdemeanor or felony offenses committed

prior to the current offense. The commission may exclude or

reduce the valuation of less serious offenses and increase

the valuation of offenses committed while under supervision

or in a temporal or offense pattern.

(3) Criminal behavior, by specifying a range of

sentences of increased severity or intensity of intervention

for offenders [who pose a substantial risk to public safety]

with increased culpability , including those who possessed or

used a deadly weapon or inflicted substantial harm during the

commission of the current conviction offense.

(4) Aggravated and mitigated ranges, by specifying

variations from the range of sentences applicable on account

of aggravating or mitigating circumstances.

(5) The impact of any amendments to section 9756

(relating to sentence of total confinement).

[(b)] (c) Adjustments.--The guidelines shall include the

following risk-related adjustments:

(1) Incapacitation of serious violent offenders.

(2) Modifications to criminal history to reflect risk to

reoffend and substantial risk to public safety to adjust the

length of total confinement for more serious criminal

history.

(3) Recommendations related to the use of county

intermediate punishment programs as restrictive conditions of

probation , the duration of terms of probation and maximum

terms of total and partial confinement and the use of

aggregate sentences. AND THE DURATION OF TERMS OF PROBATION.

(d) Probation guidelines.--The guidelines shall address the

A04173 - 12 -

use of county intermediate punishment programs as restrictive

conditions of probation and the duration of terms of probation.

include interactive information to support decisions with risk ,

and recidivism and cost information.

(d) (f) 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:

"Possessed." On a defendant's person or within the

defendant's immediate physical control.

"Previously convicted of or adjudicated delinquent." Any

finding of guilt or adjudication of delinquency, whether or not

sentence has been imposed or disposition ordered prior to the

commission of the current offense.

§ 2154.1. Adoption of guidelines for [county intermediate

punishment] restrictive conditions.

(a) General rule.--The commission shall adopt guidelines to

identify offenders who would be eligible and appropriate for

[participation in county intermediate punishment programs]

restrictive conditions of probation. These guidelines shall be

considered by the sentencing court in determining whether to

[sentence an offender] impose restrictive conditions pursuant to

section 9763 (relating to [sentence of county intermediate

punishment] conditions of probation). The guidelines shall[:

(1) Use the description of "eligible offender" provided

in Chapter 98 (relating to county intermediate punishment).

(2) Give] give primary consideration to reducing

recidivism for the protection of the public safety.

(b) Compliance.--The commission shall certify compliance by

each county with guidelines adopted by the commission for county

A04173 - 13 -

intermediate punishment or for imposing restrictive conditions

of probation and with related statutory requirements and section

9728(g.1) (relating to collection of restitution, reparation,

fees, costs, fines and penalties) and report the results to the

Pennsylvania Commission on Crime and Delinquency.

Section 3. Section 2154.2 of Title 42 is repealed:

[§ 2154.2. Adoption of guidelines for State intermediate

punishment.

The commission shall adopt guidelines to identify offenders

who would be appropriate for participation in State intermediate

punishment programs. These guidelines shall be considered by the

attorney for the Commonwealth and the sentencing court in

determining whether to commit a defendant for evaluation and

whether to sentence an eligible offender pursuant to 61 Pa.C.S.

Ch. 41 (relating to State intermediate punishment). The

guidelines shall:

(1) Use the description of "eligible offender" provided

in 61 Pa.C.S. Ch. 41.

(2) Give primary consideration to protection of the

public safety.]

Section 4. Sections 2154.7(d), 8127(b), 9718, 9721(a), (a.1)

and (b), 9728(a)(2) and (b)(5), 9730, 9754, 9755(d) and (h),

9756(c.1), 9763 heading, (a), (b)(14) (b)(1), (2), (8), (10),

(14), (16) and (17), (c) and (d), 9764(f), 9771(a) and (b) and

9771.1 of Title 42 are amended to read:

§ 2154.7. Adoption of risk assessment instrument.

* * *

(d) Alternative sentencing.--Subject to the eligibility

requirements of each program, the risk assessment instrument may

be an aide to help determine:

A04173 - 14 -

(1) for persons under supervision, intensity of

intervention, use of restrictive conditions and duration of

supervision; and

(2) appropriate candidates for alternative sentencing,

including the recidivism risk reduction incentive, State [and

county intermediate punishment programs] drug treatment §

8127. Personal earnings exempt from process.

* * *

(b) Priority.--An order of attachment for support shall have

first priority and an order described in subsection (a)(5) shall

have second priority over any other attachment, execution,

garnishment or wage assignment.

* * *

§ 9718. Sentences for offenses against infant persons.

(a) Mandatory sentence.--

(1) A person convicted of the following offenses when

the victim is less than 16 years of age shall be sentenced to

a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated

assault) - not less than two years.

18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating

to rape) - not less than ten years.

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse) - not less than ten years.

18 Pa.C.S. § 3125(a)(1) through (6) (relating to

aggravated indecent assault) - not less than five years.

(2) A person convicted of the following offenses when

the victim is less than 13 years of age shall be sentenced to

a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2502(c) (relating to murder) - not less than

A04173 - 15 -

15 years.

18 Pa.C.S. § 2702(a)(1) - not less than five years.

(3) A person convicted of the following offenses shall

be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 3121(c) and (d) - not less than ten years.

18 Pa.C.S. § 3125(a)(7) - not less than five years.

18 Pa.C.S. § 3125(b) - not less than ten years.

(b) Eligibility for parole.--Parole shall not be granted

until the minimum term of imprisonment has been served.

shall not be an element of the crime, and notice of the

provisions of this section to the defendant shall not be

required prior to conviction, but reasonable notice of the

Commonwealth's intention to proceed under this section shall be

provided after conviction and before sentencing. The

applicability of this section shall be determined at sentencing.

The court shall consider any evidence presented at trial and

shall afford the Commonwealth and the defendant an opportunity

to present any necessary additional evidence and shall

determine, by a preponderance of the evidence, if this section

is applicable.] Application of mandatory minimum penalty.--With

the exception of prior convictions, any provision of this

section that requires imposition of a mandatory minimum sentence

shall constitute an element enhancing the underlying offense.

Any enhancing element must be proven beyond a reasonable doubt

at trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall also decide whether

any enhancing element has been proven.

A04173 - 16 -

(c.1) Notice.--Notice to the defendant of the applicability

of this section shall be required prior to conviction.

(d) Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (a) or to place the offender on probation or to

suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

(e) Appeal by Commonwealth.--[If a sentencing court

refuses to apply this section where applicable, the

Commonwealth shall have the right to appellate review of the

action of the sentencing court. The appellate court shall

vacate the sentence and remand the case to the sentencing

court for imposition of a sentence in accordance with this

section if it finds that the sentence was imposed in

violation of this section.] If the fact-finder has found any

enhancing element and a sentencing court imposes a sentence

below the mandatory minimum sentence, the Commonwealth shall

have the right to appellate review of the sentence. If the

appellate court finds that the mandatory sentencing provision

was applicable, the court shall vacate the sentence and

remand the case for resentencing in accordance with that

provision. program and State motivational boot camps.

* * *

§ 9721. Sentencing generally.

(a) General rule.--In determining the sentence to be imposed

the court shall, except as provided in subsection (a.1),

A04173 - 17 -

consider and select one or more of the following alternatives,

and may impose them consecutively or concurrently:

(1) An order of probation.

(2) A determination of guilt without further penalty.

(3) Partial confinement.

(4) Total confinement.

(5) A fine.

[(6) County intermediate punishment.

(7) State intermediate punishment.]

(a.1) Exception.--

(1) Unless specifically authorized under section 9763

(relating to [a sentence of county intermediate punishment)

or 61 Pa.C.S. Ch. 41 (relating to State intermediate

punishment)] conditions of probation), subsection (a) shall

not apply where a mandatory minimum sentence is otherwise

provided by law.

(2) [An eligible offender may be sentenced to State

intermediate punishment pursuant to subsection (a)(7) and as

described in 61 Pa.C.S. Ch. 41 or to] A person may be

eligible for the State drug treatment program or State

motivational boot camp as described in 61 Pa.C.S. Ch. 39

(relating to motivational boot camp), even if a mandatory

minimum sentence would otherwise be provided by law.

(3) An eligible [offender] person may be sentenced to

total confinement pursuant to subsection (a)(4) and a

recidivism risk reduction incentive minimum sentence pursuant

to section 9756(b.1) (relating to sentence of total

confinement), even if a mandatory minimum sentence would

otherwise be provided by law.

(b) General standards.--In selecting from the alternatives

A04173 - 18 -

set forth in subsection (a), the court shall follow the general

principle that the sentence imposed should call for total

confinement that is consistent with section 9725 (relating to

total confinement) and the protection of the public, the gravity

of the offense as it relates to the impact on the life of the

victim and on the community, and the rehabilitative needs of the

defendant. The court shall also consider any guidelines for

sentencing and resentencing adopted by the Pennsylvania

Commission on Sentencing and taking effect under section 2155

(relating to publication of guidelines for sentencing,

resentencing and parole, risk assessment instrument and

recommitment ranges following revocation). In every case in

which the court imposes a sentence for a felony or misdemeanor,

modifies a sentence, resentences [an offender] a person

following revocation of probation[, county intermediate

punishment or State intermediate punishment] or resentences

following remand, the court shall make as a part of the record,

and disclose in open court at the time of sentencing, a

statement of the reason or reasons for the sentence imposed. In

every case where the court imposes a sentence or resentence

outside the guidelines adopted by the Pennsylvania Commission on

Sentencing under sections 2154 (relating to adoption of

guidelines for sentencing), 2154.1 (relating to adoption of

guidelines for [county intermediate punishment), 2154.2

(relating to adoption of guidelines for State intermediate

punishment)] restrictive conditions), 2154.3 (relating to

adoption of guidelines for fines), 2154.4 (relating to adoption

of guidelines for resentencing) and 2154.5 (relating to adoption

of guidelines for parole) and made effective under section 2155,

the court shall provide a contemporaneous written statement of

A04173 - 19 -

the reason or reasons for the deviation from the guidelines to

the commission, as established under section 2153(a)(14)

(relating to powers and duties). Failure to comply shall be

grounds for vacating the sentence or resentence and resentencing

the defendant.

* * *

§ 9728. Collection of restitution, reparation, fees, costs,

fines and penalties.

(a) General rule.--

* * *

(2) In accordance with section 9730.1 (relating to

collection of court costs, restitution and fines by private

collection agency), the collection of restitution,

reparation, fees, costs, fines and penalties under this

section may be referred to a private collection agency. Any

county that does not engage the services of a private

collection agency shall operate a collections enforcement

unit consistent with the provisions of paragraph (1) and

dedicated to carrying out the duties therein provided.

Statistical information relating to the amount of restitution

collected by the county probation department or any agent

designated by the county commissioners of the county with the

approval of the president judge of the county shall be [made

available] provided to the Pennsylvania Commission on Crime

and Delinquency and Pennsylvania Commission on Sentencing on

an annual basis. The statistical information shall be

sufficiently detailed so as to show compliance with the

requirements of this section, including subsection (g.1).

(b) Procedure.--

* * *

A04173 - 20 -

(5) Deductions shall be as follows:

(i) The [county correctional facility to which the

offender has been sentenced or the] Department of

Corrections shall [be authorized to] make monetary

deductions [from] of at least 25% of deposits made to

inmate wages and personal accounts for the purpose of

collecting restitution [or], costs imposed under section

9721(c.1), filing fees to be collected under section

6602(c) (relating to prisoner filing fees) and any other

court-ordered obligation. [or costs imposed under section

9721(c.1). Any amount deducted shall be transmitted by

the Department of Corrections or the county correctional

facility to the probation department of the county or

other agent designated by the county commissioners of the

county with the approval of the president judge of the

county in which the offender was convicted. The

Department of Corrections shall develop guidelines

relating to its responsibilities under this paragraph.]

(ii) The county correctional facility to which the

offender has been sentenced shall:

(A) Be authorized to make monetary deductions

from inmate wages and personal accounts for the

purpose of collecting restitution, costs imposed

under section 9721(c.1), filing fees to be collected

under section 6602(c) and any other court-ordered

obligation or fees owed to the county jail or prison

related to the inmate's incarceration.

(B) Deduct an amount sufficient to satisfy any

outstanding restitution, costs imposed under section

9721(c.1), filing fees to be collected under section

A04173 - 21 -

6602(c) or other court-ordered obligations before

releasing funds on deposit.

(iii) Any amount deducted under this paragraph shall

be in addition to the full amount authorized to be

collected pursuant to any order for support. Any amount

deducted shall be transmitted to the probation department

of the county or other agent designated by the county

commissioners with the approval of the president judge of

the county in which the offender was convicted.

(iv) The Department of Corrections and each county

correctional facility shall develop guidelines relating

to its responsibilities under this paragraph. The

guidelines shall be incorporated into any contract

entered into with a correctional facility.

* * *

§ 9730. Payment of court costs, restitution and fines.

(a) [Use of credit cards] Method of payment.--The treasurer

of each county may allow the use of credit cards and bank cards

in the payment of court costs, restitution and fines[.] and may

provide for automatic periodic deductions from a bank account,

subject to the agreement of the owner of the account.

(a.1) Wage attachment.--A court may, at sentencing, assign

an amount not greater than 25% of the defendant's gross salary,

wages or other earnings to be used for the payment of court

costs, restitution or fines.

(b) Procedures regarding default.--

(1) If a defendant defaults in the payment of [a fine,]

court costs [or], restitution or fines after imposition of

sentence, the issuing authority or a senior judge or senior

magisterial district judge appointed by the president judge

A04173 - 22 -

for the purposes of this section may conduct a hearing to

determine whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

financially able to pay the [fine or] costs, restitution or

fine, the issuing authority, senior judge or senior

magisterial district judge may enter an order for wage

attachment, turn the delinquent account over to a private

collection agency or impose imprisonment for nonpayment, as

provided by law.

(3) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

without the financial means to pay the [fine or] costs,

restitution or fine immediately or in a single remittance,

the issuing authority, senior judge or senior magisterial

district judge may provide for payment in installments. In

determining the appropriate installments, the issuing

authority, senior judge or senior magisterial district judge

shall consider the defendant's financial resources, the

defendant's ability to make restitution and reparations and

the nature of the burden the payment will impose on the

defendant. If the defendant is in default of a payment or

advises the issuing authority, senior judge or senior

magisterial district judge that default is imminent, the

issuing authority, senior judge or senior magisterial

district judge may schedule a rehearing on the payment

schedule. At the rehearing the defendant has the burden of

proving changes of financial condition such that the

defendant is without the means to meet the payment schedule.

The issuing authority, senior judge or senior magisterial

A04173 - 23 -

district judge may extend or accelerate the schedule, leave

it unaltered or sentence the defendant to a period of

community service as the issuing authority, senior judge or

senior magisterial district judge finds to be just and

practicable under the circumstances.

(4) A decision of the issuing authority, senior judge or

senior magisterial district judge under paragraph (2) or (3)

is subject to section 5105 (relating to right to appellate

review).

§ 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.

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).

(b) Conditions generally.--The court shall attach [such of

the reasonable conditions authorized by subsection (c) of this

section as it deems necessary to insure or assist the defendant

in leading a law-abiding life.

its order require the defendant:

(1) To meet his family responsibilities.

(2) To devote himself to a specific occupation or

employment.

(2.1) To participate in a public or nonprofit community

service program unless the defendant was convicted of murder,

A04173 - 24 -

rape, aggravated assault, arson, theft by extortion,

terroristic threats, robbery or kidnapping.

(3) To undergo available medical or psychiatric

treatment and to enter and remain in a specified institution,

when required for that purpose.

(4) To pursue a prescribed secular course of study or

vocational training.

(5) To attend or reside in a facility established for

the instruction, recreation, or residence of persons on

probation.

(6) To refrain from frequenting unlawful or disreputable

places or consorting with disreputable persons.

(7) To have in his possession no firearm or other

dangerous weapon unless granted written permission.

(8) To make restitution of the fruits of his crime or to

make reparations, in an amount he can afford to pay, for the

loss or damage caused thereby.

(9) To remain within the jurisdiction of the court and

to notify the court or the probation officer of any change in

his address or his employment.

(10) To report as directed to the court or the probation

officer and to permit the probation officer to visit his

home.

(11) To pay such fine as has been imposed.

(12) To participate in drug or alcohol treatment

programs.

(13) To satisfy any other conditions reasonably related

to the rehabilitation of the defendant and not unduly

restrictive of his liberty or incompatible with his freedom

of conscience.

A04173 - 25 -

(14) To remain within the premises of his residence

during the hours designated by the court.] 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.

§ 9755. Sentence of partial confinement.

* * *

(d) Conditions to release.--The court may in addition

include in its order such of the conditions as are enumerated in

section [9754 (relating to order of probation)] 9763 (relating

to conditions of probation) as may be reasonably related to the

sentence.

* * *

(h) Sentence of partial confinement combined with [sentence

of county intermediate punishment] probation.--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] restrictive conditions of

probation imposed pursuant to section 9763 (relating to

[sentence of county intermediate punishment)] conditions of

probation) 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

A04173 - 26 -

concurrently total 90 days or less.

§ 9756. Sentence of total confinement.

* * *

(c.1) Sentence of total confinement combined with [sentence

of county intermediate punishment] probation.--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] restrictive conditions of

probation imposed pursuant to section 9763(c) or (d)

(relating to [sentence of county intermediate punishment)]

conditions of probation) 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.

* * *

§ 9763. [Sentence of county intermediate punishment] Conditions

of probation.

(a) General rule.--In imposing [a sentence of county

intermediate punishment] probation, the court shall consider

guidelines adopted by the Pennsylvania Commission on Sentencing

under section 2154 (relating to adoption of guidelines for

sentencing) or 2154.1 (relating to adoption of guidelines for

restrictive conditions) and specify at the time of sentencing

the conditions of probation, including the length of the term

[for which the defendant is to be in a county intermediate

punishment program established under Chapter 98 (relating to

county intermediate punishment) or a combination of county

A04173 - 27 -

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 a county intermediate punishment program or a

combination of county intermediate punishment programs.] of

restrictive conditions under subsection (c) or (d). The term of

restrictive conditions under subsection (c) shall be equal to or

greater than the mandatory minimum term of imprisonment required

by statute.

(b) Conditions generally.--The court may attach any of the

following conditions upon the defendant as it deems necessary:

* * *

(1) To meet family responsibilities, including

consideration of child care responsibilities and limitations.

(2) To be devoted to a specific occupation [or],

employment or education initiative.

* * *

[(8) To refrain from frequenting unlawful or

disreputable places or consorting with disreputable persons.]

* * *

(10) To make restitution of the fruits of the crime or

to make reparations, in an affordable amount and on a

schedule that the defendant can afford to pay, for the loss

or damage caused by the crime.

* * *

(14) To participate in drug or alcohol screening and

treatment programs, including outpatient [and inpatient]

A04173 - 28 -

programs.

* * *

[(16) To remain within the premises of the defendant's

residence during the hours designated by the court.

(17) To be subject to electronic monitoring.]

(1) Any person receiving a penalty imposed pursuant to

75 Pa.C.S. § 1543(b) (relating to driving while operating

privilege is suspended or revoked), former 75 Pa.C.S. § 3731

(relating to driving under influence of alcohol or controlled

substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a

first, second or third offense under 75 Pa.C.S. Ch. 38

(relating to driving after imbibing alcohol or utilizing

drugs) may only [be sentenced to county intermediate

punishment] have probation imposed after undergoing an

assessment under 75 Pa.C.S. § 3814 (relating to drug and

alcohol assessments).

(2) If the defendant is determined to be in need of drug

and alcohol treatment, the defendant may only [be sentenced

to county intermediate punishment which] have probation that

includes participation in drug and alcohol treatment under 75

Pa.C.S. § 3815(c) (relating to mandatory sentencing). The

defendant [may only be sentenced to county intermediate

punishment in] shall have restrictive DUI probation

conditions of:

(i) a residential inpatient program or a residential

rehabilitative center;

(ii) house arrest with electronic surveillance;

(iii) a partial confinement program such as work

release, work camp and halfway facility; or

A04173 - 29 -

(iv) any combination of the programs set forth in

this paragraph.

(3) If the defendant is determined not to be in need of

drug and alcohol treatment, the defendant [may only be

sentenced to county intermediate punishment in] shall have

restrictive DUI probation conditions of:

(i) house arrest with electronic surveillance;

(ii) partial confinement programs such as work

release, work camps and halfway facilities; or

(iii) any combination of the programs set forth in

this paragraph.

(4) If the defendant is determined to be in need of

additional treatment under 75 Pa.C.S. § 3814(2), the judge

shall impose a minimum sentence as provided by law and a

maximum sentence equal to the statutorily available maximum.

A sentence to the statutorily available maximum imposed under

this subsection may, in the discretion of the sentencing

court, be ordered to be served in a county prison,

notwithstanding the provisions of section 9762 (relating to

sentencing proceeding; place of confinement).

(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.] Restrictive conditions

A04173 - 30 -

of probation.--Probation may include restrictive conditions

that:

(1) house the person full time or part time, including

inpatient treatment; or

(2) significantly restrict the person's movement and

monitor the person's compliance with the program, including

electronic monitoring or home confinement.

§ 9764. Information required upon commitment and subsequent

disposition.

* * *

(f) Release from county correctional facility to State

probation or parole.--

(1) Prior to the release of an inmate from a county

correctional facility to State probation or parole

supervision, the facility shall provide to the Department of

Corrections and the Pennsylvania Board of Probation and

Parole the information contained in subsections [(a)(1)

through (4)] (a) and (b) with the exception of subsection (a)

(5).

(2) Prior to the release of an inmate from a county

correctional facility to State probation or parole

supervision, the facility shall provide to the inmate his

current medications as prescribed and any customary and

necessary medical supplies as determined by the prescribing

physician.

* * *

§ 9771. Modification or revocation of order of probation.

(a) General rule.--The court [may] has inherent power to at

any time terminate continued supervision or lessen [or increase]

the conditions upon which an order of probation has been

A04173 - 31 -

imposed.

(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 or if the person presents an identifiable threat

to public safety. 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. 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.

* * *

§ 9771.1. Court-imposed sanctions for [offenders] 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 [immediate] brief

sanctions on [offenders] persons who violate their probation.

[(b) Coordination with other officials.--The court shall

work with probation administrators and officers, jail

administrators, prosecutors, public defenders and law

enforcement in the judicial district to develop and implement

the program.

(1) The court shall determine which offenders are

eligible for and admitted into the program. The program shall

A04173 - 32 -

focus on, but not be limited to, offenders who have committed

drug-related crimes.

(2) An offender shall be ineligible for the program if

the offender has been convicted or adjudicated delinquent of

a crime of violence as defined in section 9714 (relating to

sentences for second and subsequent offenses) or of a crime

requiring registration under Subchapter H (relating to

registration of sexual offenders).

(d) Warning hearing.--

(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).

(e) Drug testing.--The program shall require, when

applicable, randomized drug testing.]

(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:

A04173 - 33 -

(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.

(j) Local rules.--

(1) The court may adopt local rules for the

administration of this program. Except as provided for under

paragraph (2), the local rules may not be inconsistent with

this section or any rules adopted by the Supreme Court.

(2) The court may adopt local rules that are

inconsistent with subsection (g) regarding the terms of

imprisonment or other sanctions or conditions provided for

A04173 - 34 -

under subsection (g).

Section 5. Sections 9773 and 9774 of Title 42 are repealed:

[§ 9773. Modification or revocation of county intermediate

punishment sentence.

(a) General rule.--The court may at any time terminate a

sentence of county intermediate punishment or increase or

decrease the conditions of a sentence pursuant to section 9763

(relating to sentence of county intermediate punishment).

(b) Revocation.--The court may revoke a sentence of county

intermediate punishment upon proof of a violation of specific

conditions of the sentence. Upon revocation and subject to

section 9763(d), the sentencing alternatives available to the

court shall be the same as the alternatives available at the

time of initial sentencing. Upon a revocation of county

intermediate punishment for any reason specified by law, 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. Consideration shall be given to the time

served in the county intermediate punishment program.

the conditions of a sentence of county intermediate punishment

without a hearing at which the court shall consider the record

of the initial sentencing proceeding as well as the conduct of

the defendant while serving a sentence of county intermediate

punishment. A hearing is not required to decrease the conditions

of the sentence.

§ 9774. Revocation of State intermediate punishment sentence.

(a) General rule.--The court may at any time terminate a

sentence of State intermediate punishment pursuant to 61 Pa.C.S.

A04173 - 35 -

Ch. 41 (relating to State intermediate punishment).

(b) Revocation.--The court shall revoke a sentence of State

intermediate punishment if after a hearing it determines that

the participant was expelled from or failed to complete the

program.

intermediate punishment sentence, the sentencing alternatives

available to the court shall be the same as the alternatives

available at the time of initial sentencing. The attorney for

the Commonwealth must 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.]

Section 6. Sections 9804 and 9810(a) of Title 42 are amended

to read:

§ 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;

(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:

A04173 - 36 -

(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.] programs are restrictive conditions of probation

imposed under section 9763(c) or (d) (relating to

conditions of probation), which may be subject to

guidelines adopted under section 2154.1 (relating to

adoption of guidelines for restrictive conditions).

(b) Eligibility.--

(1) (i) [No person other than the eligible offender

shall be sentenced to a county intermediate punishment

program.] Upon adoption of guidelines for imposing

restrictive conditions adopted by the Pennsylvania

Commission on Sentencing under section 2154.1, only

eligible persons may have restrictive conditions imposed.

(ii) The prosecuting attorney, in the prosecuting

attorney's sole discretion, may advise the court that the

Commonwealth has elected to waive the eligibility

requirements [of this chapter] if the victim has been

given notice of the prosecuting attorney's intent to

waive the eligibility requirements and an opportunity to

be heard on the issue.

(iii) The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

(2) [The Pennsylvania Commission on Sentencing shall

employ the term "eligible offender" to further identify

offenders who would be appropriate for participation in

A04173 - 37 -

county intermediate punishment programs. In developing the

guidelines, the commission shall give primary consideration

to protection of the public safety.] Only programs that meet

the requirements of restrictive conditions of probation under

section 9763(c) or (d) and are certified in accordance with

section 2154.1(b) shall be eligible for county intermediate

punishment program funding.

[(4) (i) Any person receiving a penalty imposed

pursuant to 75 Pa.C.S. § 1543(b) (relating to driving

while operating privilege is suspended or revoked), 3804

(relating to penalties) or 3808(a)(2) (relating to

illegally operating a motor vehicle not equipped with

ignition interlock) shall undergo an assessment under 75

Pa.C.S. § 3814 (relating to drug and alcohol

assessments).

(ii) If the defendant is determined to be in need of

drug and alcohol treatment, a sentence to county

intermediate punishment shall include participation in

drug and alcohol treatment under 75 Pa.C.S. § 3815(c)

(relating to mandatory sentencing). The defendant may

only be sentenced to county intermediate punishment in:

(A) a residential inpatient program or a

residential rehabilitative center;

(B) house arrest with electronic surveillance;

release, work camp and halfway facility; or

(D) any combination of the programs set forth in

this subparagraph.

(iii) If the defendant is determined not to be in

need of drug and alcohol treatment or if the defendant

A04173 - 38 -

receives a penalty imposed under 30 Pa.C.S. § 5502(c.1)

(relating to operating watercraft under influence of

alcohol or controlled substance), the defendant may only

be sentenced to a county intermediate punishment program

in:

(A) house arrest with electronic surveillance;

(B) partial confinement programs such as work

release, work camps and halfway facilities; or

this paragraph.

(5) A defendant subject to 75 Pa.C.S. § 3804 (relating

to penalties) or 30 Pa.C.S. § 5502(c.1) may only be sentenced

to county intermediate punishment for a first, second or

third offense under 75 Pa.C.S. Ch. 38 (relating to driving

after imbibing alcohol or utilizing drugs) or 30 Pa.C.S. §

5502.]

§ 9810. Continued eligibility.

(a) Evaluation.--In order to remain eligible for [continued

grant] county intermediate punishment 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[.] and

shall include certification by the Pennsylvania Commission on

Sentencing under section 2154.1(b) (relating to adoption of

guidelines for restrictive conditions).

* * *

Section 7. The definition of "eligible inmate" in section

3903 of Title 61 is amended to read:

§ 3903. Definitions.

The following words and phrases when used in this chapter

A04173 - 39 -

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Eligible inmate." A person sentenced to a term of

confinement under the jurisdiction of the Department of

Corrections who is serving a term of confinement, the minimum of

which is not more than two years and the maximum of which is

five years or less, or an inmate who is serving a term of

confinement, the minimum of which is not more than three years

where that inmate is within two years of completing his minimum

term, and who has not reached 40 years of age at the time he is

approved for participation in the motivational boot camp

program. The term shall not include any inmate who is subject to

a sentence the calculation of which included an enhancement for

the use of a deadly weapon as defined pursuant to the sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing, any inmate who has been convicted or adjudicated

delinquent of any crime [requiring registration] listed under 42

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

offenders) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL

OFFENDERS) or any inmate with a current conviction or a prior

conviction within the past ten years for [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. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § 2901(a) (relating to kidnapping).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

A04173 - 40 -

18 Pa.C.S. § 3502 (relating to burglary) in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).] 18 Pa.C.S. § 2502 (relating to murder), drug

trafficking as defined in section 4103 (relating to

definitions) or a crime of violence as defined in 42 Pa.C.S.

§ 9714(g) (relating to sentences for second or subsequent

offenses) . or criminal attempt, criminal solicitation or

criminal conspiracy to commit any of these offenses.

* * *

Section 8. Sections 3904(b) and 3905(e) of Title 61 are

amended to read:

§ 3904. Selection of inmate participants.

* * *

(b) Duties of sentencing judge.--The sentencing judge shall

employ the sentencing guidelines to identify those defendants

who are eligible for participation in a motivational boot camp.

The judge shall have the discretion to exclude a defendant from

eligibility if the judge determines that the defendant would be

inappropriate for placement in a motivational boot camp. The

judge shall note on the sentencing order whether the defendant

has been [identified as eligible] excluded from eligibility for

a motivational boot camp program.

* * *

§ 3905. Motivational boot camp program.

A04173 - 41 -

* * *

[(e) Evaluation.--The department and the commission shall

monitor and evaluate the motivational boot camp programs to

ensure that the programmatic objectives are met. Both shall

present biennial reports of the evaluations to the Judiciary

Committee of the Senate and the Judiciary Committee of the House

of Representatives no later than February 1 in alternate years.]

Section 9. The heading of Chapter 41 of Title 61 is amended

to read:

CHAPTER 41

STATE [INTERMEDIATE PUNISHMENT] DRUG TREATMENT PROGRAM

Section 10. Section 4101 of Title 61 is amended to read:

§ 4101. Scope of chapter.

This chapter relates to the State [intermediate punishment]

drug treatment program.

Section 11. The definitions of "eligible offender" and

"participant" in section 4103 of Title 61 are amended and the

section is amended by adding a definition to read:

§ 4103. 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:

* * *

"Drug trafficking." A violation of section 13(a)(14), (30)

or (37) of the act of April 14, 1972 (P.L.233, No.64), known as

The Controlled Substance, Drug, Device and Cosmetic Act, where

the controlled substance is:

(1) Marijuana, if the amount of marijuana involved is at

least 50 pounds or at least 51 live plants.

(2) A narcotic drug classified in Schedule I or Schedule

A04173 - 42 -

II under section 3 or 4 of The Controlled Substance, Drug,

Device and Cosmetic Act, if the aggregate weight of the

compound or mixture containing the substance involved is at

least 100 grams.

(3) Any of the following, if the aggregate weight of the

compound or mixture of the substance involved is at least 100

grams:

(i) Coca leaves.

(ii) A salt, compound, derivative or preparation of

coca leaves.

(iii) A salt, compound, derivative or preparation

which is chemically equivalent or identical with any of

the substances under subparagraphs (i) and (ii).

(iv) A mixture containing any of the substances

under subparagraphs (i) and (ii), except decocainized

coca leaves or extracts of coca leaves which do not

contain cocaine or ecgonine.

(4) Any of the following, if the aggregate weight of the

compound or mixture of the substance involved is at least 100

grams:

(i) Methamphetamine.

(ii) Phencyclidine.

(iii) A salt, isomer or salt of an isomer of

methamphetamine or phencyclidine.

(iv) A mixture containing:

(A) Methamphetamine or phencyclidine.

(B) A salt of methamphetamine or phencyclidine.

phencyclidine.

(D) A salt of an isomer of methamphetamine or

A04173 - 43 -

phencyclidine.

(5) Heroin or a mixture containing heroin, if the

aggregate weight of the compound or mixture containing the

heroin is 50 grams or greater.

(6) A mixture containing it is 3, 4-

methylenedioxyamphetamine (MDA); 3,4-

methylenedioxymethamphetamine (MDMA); 5-methoxy-

3,4methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-

ethylamphetamine; or N-hydroxy-3,4-methylenedioxyamphetamine .

WHEN THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE

CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST 1,000 TABLETS,

CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR 300 GRAMS.

(7) FENTENYL Fentanyl OR A MIXTURE CONTAINING FENTENYL

Fentanyl , IF THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE

CONTAINING THE FENTENYL Fentanyl IS 50 10 GRAMS OR MORE.

(8) Carfentanil or a mixture containing carfentanil, if

the aggregate weight of the compound or mixture containing

the carfentanil is one gram or more.

"Eligible [offender." Subject to 42 Pa.C.S. § 9721(a.1)

(relating to sentencing generally), a defendant] person."

(1) A person who has not been designated by the

sentencing court as ineligible and is a person convicted of a

drug-related offense who:

[(1)] (i) Has undergone an assessment performed by

the Department of Corrections, which assessment has

concluded that the [defendant] person is in need of drug

and alcohol addiction treatment and would benefit from

commitment to [a drug offender] the State drug treatment

program and that placement in [a drug offender] the State

drug treatment program would be appropriate.

A04173 - 44 -

[(2)] (ii) Does not demonstrate a history of present

or past violent behavior.

[(3) Would be placed in the custody of the

department if not sentenced to State intermediate

punishment.] (iii) Is a person sentenced to a term of

confinement under the jurisdiction of the department, the

minimum of which is not more than two years, or a person

who is serving a term of confinement, the minimum of

which is not more than five years where the person is

within two years of completing the person's minimum term.

[(4)] (iv) Provides written consent permitting

release of information pertaining to the [defendant's]

person's participation in [a drug offender] the State

drug treatment program.

(2) The term shall not include a [defendant] person who

is subject to a sentence the calculation of which includes an

enhancement for the use of a deadly weapon, as defined

pursuant to law or the sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing, a [defendant]

person who has been convicted or adjudicated delinquent of

any crime [requiring registration] listed under 42 Pa.C.S.

Ch. 97 Subch. H (relating to registration of sexual

offenders) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL

OFFENDERS) or a [defendant] person with a current conviction

or a prior conviction within the past ten years for [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. § 2506 (relating to drug delivery resulting in

death).

A04173 - 45 -

18 Pa.C.S. § 2901(a) (relating to kidnapping).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary), in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).] 18 Pa.C.S. § 2502 (relating to murder), drug

trafficking as defined in this section or a crime of violence

as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for

second or subsequent offenses) . or criminal attempt, criminal

solicitation or criminal conspiracy to commit any of these

offenses.

* * *

"Participant." An eligible [offender actually sentenced to

State intermediate punishment pursuant to 42 Pa.C.S. § 9721(a)

(7) (relating to sentencing generally).] person placed in the

State drug treatment program.

* * *

Section 12. Sections 4104, 4105 and 4107 of Title 61 are

amended to read:

§ 4104. [Referral to State intermediate punishment] Selection

for the State drug treatment program.

(a) [Referral for evaluation.--

(1) Prior to imposing a sentence, the court may, upon

motion of the Commonwealth, commit a defendant to the custody

A04173 - 46 -

of the department for the purpose of evaluating whether the

defendant would benefit from a drug offender treatment

program and whether placement in the drug offender treatment

program is appropriate.

(1.1)] Duties of commission and sentencing judge.--

(1) Through the use of sentencing guidelines, the

commission shall employ the term "eligible person" as defined

in this chapter to further identify persons who would be

potentially appropriate for participation in the State drug

treatment program. The sentencing judge shall employ the

sentencing guidelines to identify persons who are eligible

for participation in the State drug treatment program. The

judge shall consider the position of a victim of the crime,

as advised by the prosecuting attorney, on whether to exclude

the person from eligibility for placement in the State drug

treatment program. The judge shall exclude the person from

eligibility if the prosecuting attorney opposes eligibility.

The judge shall note on the sentencing order if a person has

been excluded from eligibility for the State drug treatment

program. If the person is not excluded from eligibility, the

minimum sentence imposed shall operate as the minimum for

parole eligibility purposes if the person is not placed in

the program by the department under subsection (c) or if the

person is expelled from the program under section 4105(f)

(relating to State drug treatment program).

(2) (i) The prosecuting attorney shall advise the court

if the prosecuting attorney or a victim of the crime opposes

eligibility and, in the prosecuting attorney's sole

discretion, may advise the court that the Commonwealth has

elected to waive the eligibility requirements of this chapter

A04173 - 47 -

if the victim has been given notice of the prosecuting

attorney's intent to waive the eligibility requirements and

an opportunity to be heard on the issue.

(ii) The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

[(2) Upon committing a defendant to the department, the

court shall forward to the department:

(i) A summary of the offense for which the defendant

has been convicted.

(ii) Information relating to the defendant's history

of delinquency or criminality, including the information

maintained by the court under 42 Pa.C.S. Ch. 63 (relating

to juvenile matters), when available.

(iii) Information relating to the defendant's

history of drug or alcohol abuse or addiction, when

available.

(iv) A presentence investigation report, when

available.

(v) Any other information the court deems relevant

to assist the department with its assessment of the

defendant.]

(b) Assessment of [addiction.--

(1) The] addiction.--The department shall conduct an

assessment of the addiction and other treatment needs of [a

defendant] an eligible person and determine whether the

[defendant] person would benefit from [a drug offender] the

State drug treatment program[.], public safety would be

enhanced by the person's participation in the State drug

treatment program, and placement of the person in the State

A04173 - 48 -

drug treatment program would not depreciate the seriousness

of the offense. The assessment shall be conducted using a

nationally recognized assessment instrument or an instrument

that has been normed and validated on the department's inmate

population by a recognized expert in such matters. The

assessment instrument shall be administered by persons

skilled in the treatment of drug and alcohol addiction and

trained to conduct assessments. The assessments shall be

reviewed and approved by a supervisor with at least three

years of experience providing drug and alcohol counseling

services.

[(2) The department shall conduct risk and other

assessments it deems appropriate and shall provide a report

of its assessments to the court, the defendant, the attorney

for the Commonwealth and the commission within 60 days of the

court's commitment of the defendant to the custody of the

department.]

treatment program.--If the department in its discretion believes

[a defendant] an eligible person would benefit from [a drug

offender] the State drug treatment program and placement in the

[drug offender treatment] program is appropriate, the department

shall [provide] make the placement and notify the court, counsel

for the [defendant[,] ELIGIBLE PERSON, THE COMMISSION and the

attorney for the Commonwealth [and the commission with a

proposed drug offender treatment program detailing the type of

treatment proposed] of the placement.

[(d) Prerequisites for commitment.--Upon receipt of a

recommendation for placement in a drug offender treatment

program from the department and agreement of the attorney for

A04173 - 49 -

the Commonwealth, the court may sentence an eligible offender to

a period of 24 months of State intermediate punishment if the

court finds that:

(1) The eligible offender is likely to benefit from

State intermediate punishment.

(2) Public safety would be enhanced by the eligible

offender's participation in State intermediate punishment.

(3) Sentencing the eligible offender to State

intermediate punishment would not depreciate the seriousness

of the offense.

(e) Resentencing.--The department may make a written request

to the sentencing court that an offender who is otherwise

eligible but has not been referred for evaluation or originally

sentenced to State intermediate punishment be sentenced to State

intermediate punishment. The court may resentence the offender

to State intermediate punishment if all of the following apply:

(1) The department has recommended placement in a drug

offender treatment program.

(2) The attorney for the Commonwealth and the offender

have agreed to the placement and modification of sentence.

(3) The court makes the findings set forth under

subsection (d).

(4) The resentencing has occurred within 365 days of the

date of the defendant's admission to the custody of the

department.

(5) The court has otherwise complied with all other

requirements for the imposition of sentence including victim

notification under the act of November 24, 1998 (P.L.882,

No.111), known as the Crime Victims Act.]

(f) Consecutive probation.--Nothing in this chapter shall

A04173 - 50 -

prohibit the court from sentencing an eligible [offender] person

to a consecutive period of probation. The total duration of the

sentence may not exceed the maximum term for which the eligible

[offender] person could otherwise be sentenced.

[(g) Applicability and program limitations.--The court may

not modify or alter the terms of the department's proposed

individualized drug offender treatment plan without the

agreement of the department and the attorney for the

Commonwealth.

(h) Videoconferencing.--The department shall make

videoconferencing facilities available to allow the court to

conduct proceedings necessary under this section when the

eligible offender has been committed to the custody of the

department pursuant to subsection (b).

(i) Victims.--Victims of personal injury crimes shall be

given the opportunity to receive notice of and to provide prior

comment on any recommendation by the department under subsection

(b) or (d) that the offender participate in the State

Intermediate Punishment Program.

(j) Definitions.--As used in this section, the term

"personal injury crime" shall be defined as in section 103 of

the act of November 24, 1998 (P.L.882, No.111), known as the

Crime Victims Act.]

§ 4105. [Drug offender] State drug treatment program.

(a) Establishment.--The department shall establish and

administer [a drug offender] the State drug treatment program

[as a State intermediate punishment]. The program shall be

designed to address the individually assessed drug and alcohol

abuse and addiction needs of a participant and shall address

other issues essential to the participant's successful

A04173 - 51 -

reintegration into the community, including, but not limited to,

educational and employment issues.

(b) Duration and components.--Notwithstanding any credit to

which the defendant may be entitled under 42 Pa.C.S. § 9760

(relating to credit for time served), the duration of the State

drug [offender] treatment program [shall be] is 24 months [and],

but if the participant is unable to complete the program within

24 months and is otherwise compliant with the program, subject

to the discretion of the department, the program duration may be

extended up to 30 months total in order for the participant to

successfully complete the program. The program shall include the

following:

(1) A period in a State correctional institution of not

less than seven months. This period shall include:

(i) The time during which the [defendants are]

eligible person is being evaluated by the department

under section 4104(b) (relating to [referral to State

intermediate punishment] selection for the State drug

treatment program).

(ii) Following evaluation under subparagraph (i),

not less than four months shall be in an institutional

therapeutic community.

(2) A period of treatment in a community-based

therapeutic community of at least two months.

(3) A period of at least six-months' treatment through

an outpatient addiction treatment facility. During the

outpatient addiction treatment period of the [drug offender

treatment] program, the participant may be housed in a

community corrections center or group home or placed in an

approved transitional residence. The participant must comply

A04173 - 52 -

with any conditions established by the department regardless

of where the participant resides during the outpatient

addiction treatment portion of the [drug offender treatment]

program.

(4) A period of supervised reintegration into the

community for the balance of the [drug offender treatment]

program, during which the participant shall continue to be

supervised by the department and comply with any conditions

imposed by the department.

(5) Upon certification by the department of the

participant's successful completion of the program, the

entire term of confinement that rendered the participant

eligible to participate in the State drug treatment program

shall be deemed to have been served.

(1) Consistent with the minimum time requirements set

forth in subsection (b), the department may transfer, at its

discretion, a participant between a State correctional

institution, an institutional therapeutic community, a

community-based therapeutic community, an outpatient

addiction treatment program and an approved transitional

residence. The department may also transfer a participant

back and forth between less restrictive and more restrictive

settings based upon the participant's progress or regression

in treatment or for medical, disciplinary or other

administrative reasons.

(2) This subsection shall be construed to provide the

department with the maximum flexibility to administer the

State drug [offender] treatment program both as a whole and

for individual participants.

A04173 - 53 -

(d) Right of refusal to admit.--The administrator of a

community-based therapeutic community or outpatient addiction

treatment facility may refuse to accept a participant whom the

administrator deems to be inappropriate for admission and may

immediately discharge to the custody of the department any

participant who fails to comply with facility rules and

treatment expectations or refuses to constructively engage in

the treatment process.

(e) Notice to court of completion of program.--When the

department determines that a participant has successfully

completed the State drug [offender] treatment program, it shall

notify the sentencing court, the attorney for the Commonwealth

and the commission.

(f) Expulsion from program.--

(1) A participant may be expelled from the State drug

[offender] treatment program at any time in accordance with

guidelines established by the department, including failure

to comply with administrative or disciplinary procedures or

requirements set forth by the department. An expelled

participant shall be housed in a State correctional

institution to serve the remainder of the participant's

sentence. The expelled participant shall be eligible for

parole at the minimum sentence but may not be eligible for

short sentence parole under section 6137.1 (relating to short

sentence parole).

(1.1) A POLICE OFFICER COMMISSIONED UNDER SECTION 1 OF

THE ACT OF MAY 21, 1943 (P.L.469, NO.210), ENTITLED "AN ACT

PROVIDING FOR COMMISSIONING AS POLICE OFFICERS CERTAIN

EMPLOYES OF INSTITUTIONS MAINTAINED IN WHOLE OR IN PART BY

THE COMMONWEALTH; CONFERRING UPON THEM THE POWERS OF

A04173 - 54 -

CONSTABLES IN CERTAIN CASES; AND IMPOSING DUTIES ON WARDENS

AND KEEPERS OF JAILS, POLICE STATIONS AND LOCK-UPS," SHALL

HAVE THE AUTHORITY TO ISSUE A WARRANT FOR THE RETURN OF A

PARTICIPANT WHO IS NOT IN COMPLIANCE WITH THE TERMS OF THE

DRUG OFFENDER TREATMENT PROGRAM TO THE CUSTODY OF THE

DEPARTMENT.

(2) The department shall promptly notify the court, the

[defendant] participant, the attorney for the Commonwealth

and the commission of the expulsion of a participant from the

State drug [offender] treatment program and the reason for

such expulsion. [The participant shall be housed in a State

correctional institution or county jail pending action by the

court.

(3) The court shall schedule a prompt State intermediate

punishment revocation hearing pursuant to 42 Pa.C.S. § 9774

(relating to revocation of State intermediate punishment

sentence).]

§ 4107. [Reports] Evaluation.

[(a) Final report.--The department shall provide a final

report to the court, the defendant, the attorney for the

Commonwealth and the commission on a participant's progress in

the drug offender treatment program.]

(b) Evaluation and report to General Assembly.--The

department [and the commission] shall monitor and evaluate the

State drug [offender] treatment program to ensure that the

programmatic objectives are met. [In odd-numbered years, the]

Every three years, the department shall present a report of its

evaluation to the Judiciary Committee of the Senate and the

Judiciary Committee of the House of Representatives no later

than February 1. [In even-numbered years, the commission shall

A04173 - 55 -

present a report of its evaluation to the Judiciary Committee of

the Senate and the Judiciary Committee of the House of

Representatives no later than February 1.] The General Assembly

shall convene hearings in the appropriate committees to hear and

deliberate upon reports under this section. The report shall

include:

(1) The number of [offenders] persons evaluated for the

State drug [offender] treatment program.

(2) The number of [offenders sentenced to] persons

placed into the State drug [offender] treatment program.

(3) The number of [offenders] persons sentenced to a

State correctional institution who may have been eligible for

the State drug [offender] treatment program.

(4) The number of [offenders] persons successfully

completing the State drug [offender] treatment program.

(5) The six-month, one-year, three-year and five-year

recidivism rates for [offenders] persons who have completed

the State drug [offender] treatment program and for a

comparison group of [offenders] persons who were not placed

in the State drug [offender] treatment program.

(6) Any changes the department [or the commission]

believes will make the State drug [offender] treatment

program more effective.

Section 13. The definition of "eligible offender" in section

4503 of Title 61 is amended to read:

§ 4503. 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:

* * *

A04173 - 56 -

"Eligible [offender] person." A defendant or inmate

convicted of a criminal offense who will be committed to the

custody of the department and who meets all of the following

eligibility requirements:

(1) Does not demonstrate a history of present or past

violent behavior.

(2) Has not been subject to a sentence the calculation

of which includes an enhancement for the use of a deadly

weapon as defined under law or the sentencing guidelines

promulgated by the Pennsylvania Commission on Sentencing or

the attorney for the Commonwealth has not demonstrated that

the defendant has been found guilty of or was convicted of an

offense involving a deadly weapon or offense under 18 Pa.C.S.

Ch. 61 (relating to firearms and other dangerous articles) or

the equivalent offense under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation[.] or criminal attempt, criminal solicitation

or criminal conspiracy to commit any of these offenses.

(3) Has not been found guilty of or previously convicted

of or adjudicated delinquent for or [an attempt or conspiracy

to commit] criminal attempt, criminal solicitation or

criminal conspiracy to commit murder, a crime of violence as

defined in 42 Pa.C.S. § 9714(g) (relating to sentences for

second and subsequent offenses) or a personal injury crime as

defined under section 103 of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act, except for

an offense under 18 Pa.C.S. § 2701 (relating to simple

assault) when the offense is a misdemeanor of the third

degree, or an equivalent offense under the laws of the United

A04173 - 57 -

States or one of its territories or possessions, another

state, the District of Columbia, the Commonwealth of Puerto

Rico or a foreign nation.

(4) Has not been found guilty or previously convicted or

adjudicated delinquent for violating any of the following

provisions or an equivalent offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation or criminal attempt, criminal

solicitation or criminal conspiracy to commit any of these

offenses:

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child pornography).

Received a criminal sentence pursuant to 42 Pa.C.S. §

9712.1 (relating to sentences for certain drug offenses

committed with firearms).

Any offense [for which registration is required]

listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders) OR I (RELATING TO

CONTINUED REGISTRATION OF SEXUAL OFFENDERS) .

Drug trafficking as defined in section 4103 (relating

to definitions).

(5) Is not awaiting trial or sentencing for additional

criminal charges, if a conviction or sentence on the

additional charges would cause the defendant to become

ineligible under this definition.

[(6) Has not been found guilty or previously convicted

of violating section 13(a)(14), (30) or (37) of the act of

A04173 - 58 -

April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act, where the sentence

was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)

(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to

drug trafficking sentencing and penalties).]

* * *

Section 13.1. Section 4505(c)(2) of Title 61 is amended to

read:

§ 4505. Sentencing.

* * *

If the court determines that the defendant is an eligible

offender or the prosecuting attorney has waived the eligibility

requirements under subsection (b), the court shall enter a

sentencing order that does all of the following:

* * *

(2) Imposes the recidivism risk reduction incentive

minimum sentence. Prior to sentencing, the court shall direct

the department to calculate the length of the sentence. The

recidivism risk reduction incentive minimum shall be equal to

three-fourths of the minimum sentence imposed when the

minimum sentence is three years or less. The recidivism risk

reduction incentive minimum shall be equal to five-sixths of

the minimum sentence if the minimum sentence is greater than

three years. For purposes of these calculations, partial days

shall be rounded to the nearest whole day. In determining the

recidivism risk reduction incentive minimum sentence, the

aggregation provisions of 42 Pa.C.S. §§ 9757 (relating to

consecutive sentences of total confinement for multiple

offenses) and 9762(f) (relating to sentencing proceeding;

A04173 - 59 -

place of confinement) shall apply[.] and the recidivism risk

reduction incentive minimum sentence shall be recalculated

following the aggregation of consecutive sentences. An

offender determined by the court to be ineligible for a

recidivism risk reduction incentive minimum sentence for any

of the sentences subject to aggregation shall be ineligible

for a recidivism risk reduction incentive minimum sentence

for the aggregated sentence.

* * *

Section 14. Sections 4509 and 4510 of Title 61 are repealed:

[§ 4509. Evaluation.

(a) General rule.--The department, the board and the

commission shall monitor and evaluate the recidivism risk

reduction incentive programs. Evaluations under this section

should be scientifically rigorous and seek to determine the

effectiveness of the programs, including whether specific

recidivism risk reduction incentive programs have reduced the

recidivism rates of the program participants as compared to

previously incarcerated and similarly situated inmates.

(b) Publication.--The department, the board and the

commission shall make evaluations conducted under this section

and underlying data available to the public. The publicly

available data and evaluations shall comply with generally

accepted practices of the research community, including

expectations relating to subject privacy and identifying

information.

§ 4510. Reports.

(a) Recidivism risk reduction.--The department, the board

and the commission shall monitor and evaluate the recidivism

risk reduction incentive programs to ensure that the goals and

A04173 - 60 -

objectives of this chapter are met and shall report to the

General Assembly as follows:

(1) In even-numbered years, the department shall present

a report of its evaluation to the Judiciary Committee of the

Senate and the Judiciary Committee of the House of

Representatives no later than February 1. The report shall

include all of the following:

(i) The number of inmates determined by the

department to be eligible offenders under this chapter

and the offenses for which the eligible offenders were

committed to the custody of the department.

(ii) The number of inmates committed to the custody

of the department who were subject to a recidivism risk

reduction incentive minimum sentence.

(iii) The number of inmates paroled at the

recidivism risk reduction incentive minimum date.

(iv) Any potential changes that would make the

program more effective.

(v) The six-month, one-year, three-year and five-

year recidivism rates for inmates released at the

recidivism risk reduction incentive minimum sentence.

(vi) Any other information the department deems

relevant.

(2) In odd-numbered years, the commission shall present

a report of its evaluation to the Judiciary Committee of the

Senate and the Judiciary Committee of the House of

Representatives no later than February 1. The report shall

include all of the following:

(i) Whether the goals of this chapter could be

achieved through amendments to parole or sentencing

A04173 - 61 -

guidelines.

(ii) The various options for parole or sentencing

guidelines under subparagraph (i).

(iii) The status of any proposed or implemented

guidelines designed to implement the provisions of this

chapter.

(iv) Any potential changes to the program that would

be likely to reduce the risk of recidivism of inmates and

improve public safety.

(v) Any other information the commission deems

relevant.

(b) Educational plan.--

(1) The Pennsylvania Commission on Crime and Delinquency

shall publish a report of a proposed educational program plan

within one year of the effective date of this section. The

proposed educational program plan shall be developed in

consultation with the department, the commission, the board,

the Pennsylvania District Attorneys Association, the victim

advocate and representatives of the judiciary and the

criminal defense bar and other criminal justice stakeholders.

(2) The plan shall seek to provide cost-effective

training or information through electronic means,

publications or continuing educational programs that address

the following topics:

(i) The treatment programs available through the

board and the department.

(ii) The availability of programs and eligibility

requirements that can reduce recidivism risk, including

State intermediate punishment, motivational boot camp and

recidivism risk reduction incentive programs.

A04173 - 62 -

(iii) The calculation of sentencing credit and

practices that could inadvertently prevent an inmate from

receiving sentence credit.

(iv) Recent statutory changes relating to

sentencing, place of confinement, medical releases,

transfer of inmates and parole.]

Section 14.1. Section 5906(a) introductory paragraph of

Title 61 is amended to read:

§ 5906. Confidentiality of victim information.

(a) General rule.--Notwithstanding any other provision of

law, any and all statements or testimony of the victim [or] and

of any family member submitted to the department shall be:

* * *

Section 15. Section 6101 of Title 61 is amended to read:

§ 6101. 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." The Pennsylvania [Board of Probation and] Parole

Board.

Section 16. The heading of Subchapter B of Chapter 61 of

Title 61 is amended to read:

SUBCHAPTER B

ADMINISTRATION OF THE PENNSYLVANIA PAROLE BOARD

Section 16.1. Section 6111 heading and (a) of Title 61 are

amended to read:

§ 6111. Pennsylvania [Board of Probation and] Parole Board.

(a) Establishment.--The Pennsylvania [Board of Probation

and] Parole Board is an independent administrative board for the

administration of the [probation and] parole laws of this

A04173 - 63 -

Commonwealth.

* * *

Section 17. Section 6123 of Title 61 is repealed:

[§ 6123. Advisory committee.

(a) Establishment.--An advisory committee on probation is

reestablished to assist the board.

(b) Composition.--The advisory committee shall consist of

nine members, seven of whom shall be appointed by the Governor,

with the consent of a majority of the members of the Senate. At

least two shall be judges of courts of record of this

Commonwealth, at least one shall be a county commissioner, at

least one shall be a chief county probation officer, and the

remaining members shall be qualified in the field of probation

and parole either by training or experience. The President pro

tempore of the Senate and the Speaker of the House of

Representatives shall each appoint a member of their respective

houses to serve as members of the committee.

(1) The term of a member hereafter appointed, except to

fill a vacancy, shall be for four years and until their

successors have been appointed and qualified, but in no event

more than 90 days beyond the expiration of their appointed

term.

(2) The terms of members of the committee who are

appointed by virtue of holding an office as a member of the

General Assembly, judge, chief county probation officer or

county commissioner shall continue only so long as that

person remains in that office.

(3) Vacancies occurring in an office of a member of the

advisory committee by expiration of term, death, resignation,

A04173 - 64 -

removal or for any other reason shall be filled in the manner

provided by section 8 of Article IV of the Constitution of

Pennsylvania for the remainder of the term.

(4) Whenever the term of an advisory committee member,

other than one who is a member of the General Assembly,

expires, that member's position shall be immediately deemed a

vacancy, and the Governor shall nominate a person to fill

that membership position on the committee within 90 days of

the date of expiration, even if the member continues to

remain on the committee. The Governor shall designate one of

the members of the committee as its chairperson.

(d) Reimbursement of expenses.--Each member of the advisory

committee shall be paid all reasonable and necessary travel and

other expenses incurred by him in the performance of his duties.

(e) Assistance to be provided.--The advisory committee shall

aid the chairperson and the board in formulating and reviewing

standards for probation personnel and probation services in the

counties.]

Section 18. Sections 6131(a)(3), (4) and (5), 6133(c) and

(d) and 6137(a)(1) and (g) of Title 61 are amended to read:

§ 6131. General powers of board.

(a) General rule.--The board shall have the power and its

duty shall be:

* * *

(3) To collect and maintain a record of all persons who

are placed on [probation and] parole.

[(4) To collect, compile and publish statistical and

other information relating to probation and parole work in

all courts and such other information the board may deem of

value in probation service.

A04173 - 65 -

(5) To establish, by regulation, uniform Statewide

standards for:

(i) Presentence investigations.

(ii) The supervision of probationers.

(iii) The qualifications for probation personnel.

(iv) Minimum salaries.

(v) Quality of probation service.

The standards for the qualifications of probation personnel

shall only apply to probation personnel appointed after the

date the standards are established. Should any probation

personnel appointed prior to the date the standards were

established fail to meet the standards, the court having

jurisdiction of such personnel may request the board to

establish in-service training for them in accordance with the

standards.]

* * *

§ 6133. Probation services.

* * *

(1) A county that provides additional probation staff

for presentence investigations and improved probation

supervision and programs shall receive a grant-in-aid from

the Commonwealth through the board for additional costs

incurred thereby but only to the extent that the additional

staff and program meet the qualifications and standards

established by the board.

(2) The grant-in-aid shall provide 80% of the personnel

salary costs incurred by a county to administer these

additional services and programs.

(3) If insufficient funds are appropriated, each county

A04173 - 66 -

shall receive a prorated reduction in the grant-in-aid.

(4) The board shall establish rules and regulations for

the allocation of funds available for such grants-in-aid.]

Supervision and investigation.--Supervision and presentence

investigations by court order or request shall be provided in

accordance with board regulations.

(d) In-service training.--The board shall provide in-service

training for personnel of county probation offices when

requested to do so by the court having jurisdiction of the

probation office[.] as provided by memorandum of understanding

with the Pennsylvania Commission on Crime and Delinquency and

contingent upon the availability of money.

§ 6137. Parole power.

(a) General criteria for parole.--

(1) The board may parole subject to consideration of

guidelines established under 42 Pa.C.S. § 2154.5 (relating to

adoption of guidelines for parole) or subject to section

6137.1 (relating to short sentence parole) and may release on

parole any inmate to whom the power to parole is granted to

the board by this chapter, except an inmate condemned to

death or serving life imprisonment, whenever in its opinion:

(i) The best interests of the inmate justify or

require that the inmate be paroled.

(ii) It does not appear that the interests of the

Commonwealth will be injured by the inmate's parole.

* * *

(g) Procedure.--

(1) The department shall identify all inmates committed

to the custody of the department that meet the definition of

an eligible offender.

A04173 - 67 -

(2) Upon identification of an inmate as an eligible

offender, 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

inmate's minimum sentence indicating that the department has

preliminarily identified the inmate 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 inmates 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 inmate'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 inmate's minimum sentence. The

notice may be sent electronically. For inmates 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.

(3) Within 30 days of receipt of notice under paragraph

(2), the court or prosecuting attorney may file a written

objection to the department's preliminary identification of

the inmate as an eligible offender. Notice of the objection

shall be provided to the department and the board.

A04173 - 68 -

(4) If no notice of objection has been filed under

paragraph (3), the board or its designee shall approve for

parole at the expiration of the eligible offender's minimum

date upon a determination that all of the following apply:

(i) The department certified that the inmate has

maintained a good conduct record and continues to remain

an eligible offender.

(ii) The reentry plan for the inmate is adequate.

(iii) Individual conditions and requirements for

parole have been established.

(iv) There is no reasonable indication that the

inmate poses a risk to public safety.

(5) If the court or prosecuting attorney files a timely

objection under paragraph (3), the board shall make a

determination as to whether the inmate 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. If the board determines

that the inmate is an eligible offender under this chapter,

the board shall follow the provisions under paragraph (4). If

the board determines that the inmate 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 inmate should be paroled at the

minimum date, paroled at a later date or denied parole.

(6) Nothing in this subsection shall be construed as

granting a right to be paroled to any person, and any

decision by the board and its designees or the department,

under this section shall not be considered an adjudication

under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and

A04173 - 69 -

procedure of Commonwealth agencies) and Ch. 7 Subch. A

(relating to judicial review of Commonwealth agency action).

(7) Except as provided under this subsection, nothing in

this chapter shall otherwise affect the powers and duties of

the board or the department.

* * *

Section 19. Title 61 is amended by adding a section sections

to read:

§ 6137.1. Short sentence parole.

(a) General rule.--This section applies to persons committed

to the department with a minimum sentence of confinement under

42 Pa.C.S. § 9756(b) (relating to sentence of total confinement)

of two years or less or a recidivism risk reduction incentive

minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or

less, whichever is shorter. Regardless of sentence imposed, this

section does not apply to:

(1) persons committed for or with an aggregate sentence

containing a personal injury crime , or any criminal attempt,

criminal solicitation or criminal conspiracy to commit a

personal injury crime as defined in section 103 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime

Victims Act;

(1.1) persons committed for or with an aggregate

sentence containing a crime of violence, or any criminal

attempt, criminal solicitation or criminal conspiracy to

commit a crime of violence as defined in 42 Pa.C.S. § 9714(g)

(relating to sentences for second or subsequent offenses);

(2) persons committed for or with an aggregate sentence

containing an offense under 18 Pa.C.S. § 6105 (relating to

persons not to possess, use, manufacture, control, sell or

A04173 - 70 -

transfer firearms) or a criminal attempt, criminal

solicitation or criminal conspiracy to commit the offense ;

(3) persons committed for or with an aggregate sentence

containing an enhancement for the use of a deadly weapon as

defined under law or the sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing or where the

attorney for the Commonwealth has demonstrated that the

defendant has been found guilty of or was convicted of an

offense involving a deadly weapon or offense under 18 Pa.C.S.

Ch. 61 (relating to firearms and other dangerous articles) or

a criminal attempt, criminal solicitation or criminal

conspiracy to commit the offense or an equivalent offense

under the laws of the United States or one of its territories

or possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation;

(4) persons committed for or with an aggregate sentence

containing a violation of any of the following provisions or

an equivalent offense under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation , including a criminal attempt, criminal

solicitation or criminal conspiracy to commit the offense :

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child pornography).

A criminal sentence pursuant to 42 Pa.C.S. § 9712.1

(relating to sentences for certain drug offenses

committed with firearms).

An offense for which registration is required listed

A04173 - 71 -

under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders).

An offense for which registration is required listed

under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued

registration of sexual offenders).

(5) persons committed for or with an aggregate sentence

containing an offense under section 13(a)(14), (30) or (37)

of the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, where

the sentence was imposed upon a finding of an amount or

aggregate weight under 18 Pa.C.S. § 7508(a)(1)(iii), (2)

(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to

drug trafficking sentencing and penalties); persons committed

for or with an aggregate sentence containing an offense of

DRUG TRAFFICKING AS DEFINED IN SECTION 4103 (RELATING TO

DEFINITIONS) ; or a criminal attempt, criminal solicitation or

criminal conspiracy to commit drug trafficking as defined in

section 4103;

(6) persons awaiting trial or sentencing for additional

criminal charges, if a conviction or sentence on the

additional charges would cause the person to become

ineligible under this subsection; or

(7) persons who are currently serving a sentence to

State prison and have been denied parole on that sentence

prior to the effective date of this section.

(b) Approval of parole.--The board shall, without requiring

an interview, approve for parole at the expiration of the

eligible person's minimum date or recidivism risk reduction

incentive minimum date, whichever is shorter, unless the person

has:

A04173 - 72 -

(1) been found guilty of a major disciplinary infraction

while confined in a county correctional institution or State

correctional institution; or

(2) a pending felony charge or outstanding felony arrest

warrant or detainer, except that this section may be applied

to allow a person to be paroled to a detainer related to an

underlying felony charge.

;

(8) persons convicted of any criminal offense while

incarcerated; or

(9) any person who the board, in its discretion,

determines should be excluded from this section because:

(i) there exists an identifiable threat to public

safety; or

(ii) inclusion substantially jeopardizes the

rehabilitative needs of the person.

(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 or recidivism risk reduction incentive

minimum date, 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.

(b.1) Misconduct.--Notwithstanding subsection (b), a person

shall not be eligible for short sentence parole under this

section if the person has:

(1) been found guilty of a major disciplinary infraction

while confined in a county correctional institution or State

correctional institution; or

A04173 - 73 -

(2) a pending felony charge or outstanding felony arrest

warrant or detainer, except that this section may be applied

to allow a person to be paroled to a detainer related to an

underlying felony charge.

(relating to investigation of circumstances of offense), 6137(a)

(3.1), (e)(1), (f) and (g) (relating to parole power) and 6139

(relating to parole procedure) and section 1101(e) of the Crime

Victims Act do not apply to paroles under this section.

(d) Assessment.--The department shall provide a risk-and-

needs assessment to the board and the board shall establish

initial conditions of parole based on the assessment.

(e) Applicability.--This section shall only apply to

individuals persons sentenced after the effective date of this

section.

(f) Reports.--The Pennsylvania Commission on Sentencing

shall provide a report to the General Assembly on cost savings

and recidivism attributed to this section as follows:

(1) No later than two years after the effective date of

this section.

(2) No later than two years after the report issued

under paragraph (1).

(g) Procedures.--The chairman of the board shall adopt

procedures to carry out this section.

(h) Definition.--As used in this section, the term "major

disciplinary infraction" means :

(1) committing a violation equivalent to an incident

that could lead to a conviction under 18 Pa.C.S. (relating to

crimes and offenses);

(2) wearing a disguise;

A04173 - 74 -

(3) tattooing;

(4) gambling;

(5) threatening harm to another person upon or following

release; or

(6) possessing dangerous contraband while incarcerated.

THE VIOLATION:

(1) WAS SEXUAL IN NATURE;

(2) INVOLVED ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE

THREAT TO CAUSE BODILY HARM injury TO ANOTHER;

(3) INVOLVED POSSESSION OR CONTROL OF A WEAPON; AND or

(4) INVOLVED ESCAPE OR POSSESSING IMPLEMENTS OF ESCAPE.

§ 6137.2. Reentry supervision.

(a) General rule.--This section applies to persons committed

to the department with a minimum sentence of total confinement

under 42 Pa.C.S. § 9756(b) (relating to sentence of total

confinement) of 4 years or more. Regardless of the sentence

imposed, this section does not apply to persons sentenced to

death, life imprisonment or persons otherwise ineligible for

parole.

(b) Reentry supervision.--Any person under subsection (a)

shall be sentenced to a period of reentry supervision of 12

months consecutive to and in addition to any other lawful

sentence issued by the court.

period of parole by the parole board during the same period of

incarceration shall be deemed to have served the requirements of

this section.

(d) Supervision.--A person released to reentry supervision

shall be considered to be released on parole.

(e) Imposition.--The court shall impose reentry supervision

A04173 - 75 -

in addition to the maximum sentence permitted for the offense

for which the defendant was convicted.

(f) Applicability.--This section shall only apply to persons

sentenced after the effective date of this section.

Section 20. Section 6138(c) 6138(c)(1) and (1.1) of Title 61

is are amended and the subsections (a) and (c) are amended by

adding a paragraph paragraphs to read:

§ 6138. Violation of terms of parole.

* * *

(a) Convicted violators.--

* * *

(1.1) In addition to paragraph (1), a parolee under the

jurisdiction of the board released from a correctional

facility who, during the period of parole or while delinquent

on parole, commits a crime punishable by imprisonment for

which the parolee is convicted or found guilty by a judge or

jury or to which the parolee pleads guilty or nolo contendere

or of any misdemeanor of the third degree or of any of the

following offenses where graded as a summary offense, may at

the discretion of the board be recommitted as a parole

violator:

(i) Possession of a firearm in a court facility

under 18 Pa.C.S. § 913(b)(3) (relating to possession of

firearm or other dangerous weapon in court facility).

(ii) Harassment under 18 Pa.C.S. § 2709 (relating to

harassment).

(iii) Retail theft under 18 Pa.C.S. § 3929 (relating

to retail theft).

(iv) Disorderly conduct under 18 Pa.C.S. § 5503

(relating to disorderly conduct).

A04173 - 76 -

(v) Public drunkenness under 18 Pa.C.S. § 5505

(relating to public drunkenness and similar misconduct).

(vi) Cruelty to animals under 18 Pa.C.S. § 5533

(relating to cruelty to animal).

(vii) Aiding or abetting a minor to commit truancy

under 18 Pa.C.S. § 6301 (relating to corruption of

minors).

(viii) Selling or furnishing nonalcoholic beverages

to minors under 18 Pa.C.S. § 6310.7 (relating to selling

or furnishing nonalcoholic beverages to persons under 21

years of age).

* * *

(8) A parolee under the board's supervision who is

alleged to have committed a technical parole violation may be

arrested and detained for a period not to exceed seven days,

provided that either the parolee is detained on a 48-hour

warrant or the parolee is brought before a hearing examiner

within 48 hours to determine if the parolee shall be released

or held for the remainder of the seven days or a shorter

period. The chairman of the board shall adopt procedures

governing the appropriate use of brief detention under this

section so that technical violations enumerated under

paragraph (1) are not resolved with brief detention.

(8) (I) A PAROLEE UNDER THE BOARD'S SUPERVISION WHO IS

ALLEGED TO HAVE COMMITTED A TECHNICAL PAROLE VIOLATION

MAY BE ARRESTED AND DETAINED FOR A PERIOD NOT TO EXCEED

SEVEN DAYS, PROVIDED THAT EITHER THE PAROLEE IS DETAINED

ON A 48-HOUR WARRANT OR THE PAROLEE IS BROUGHT BEFORE A

A04173 - 77 -

HEARING EXAMINER WITHIN 48 HOURS TO DETERMINE IF THE

PAROLEE SHALL BE RELEASED OR HELD FOR THE REMAINDER OF

THE SEVEN DAYS OR A SHORTER PERIOD. THE CHAIRMAN OF THE

BOARD SHALL ADOPT PROCEDURES GOVERNING THE APPROPRIATE

USE OF BRIEF DETENTION UNDER THIS SECTION SO THAT

TECHNICAL VIOLATIONS ENUMERATED UNDER PARAGRAPH (1) ARE

NOT RESOLVED WITH BRIEF DETENTION.

(II) THIS PARAGRAPH SHALL NOT APPLY TO PAROLEES IF:

(A) THE VIOLATION WAS SEXUAL IN NATURE;

(B) THE VIOLATION INVOLVED ASSAULTIVE BEHAVIOR;

OF A WEAPON;

(D) THE VIOLATION INVOLVED ESCAPE OR POSSESSING

IMPLEMENTS OF ESCAPE; OR

(E) THERE EXISTS AN IDENTIFIABLE THREAT TO

PUBLIC SAFETY.

* * *

(1) [A] Subject to paragraph (1.3), a parolee under the

jurisdiction of the board who violates the terms and

conditions of his parole, other than [by the commission of a

new crime of which the parolee is convicted or found guilty

by a judge or jury or to which the parolee pleads guilty or

nolo contendere in a court of record] a convicted violator

who has parole revoked under subsection (a), may be detained

pending a hearing before the board or waiver of the hearing

or recommitted after a hearing before the board or a waiver

of the hearing. Detention and recommitment under this

paragraph shall be in a community corrections center [or],

community corrections facility[, unless the board determines

A04173 - 78 -

that one of the following conditions is present:

(i) The violation was sexual in nature.

(ii) The violation involved assaultive behavior.

(iii) The violation involved possession or control

of a weapon.

(iv) The parolee has absconded, and the parolee

cannot be safely diverted to a community corrections

center or community corrections facility.

(v) There exists an identifiable threat to public

safety, and the parolee cannot be safely diverted to a

community corrections center or community corrections

facility.

(1.1) If the board determines that a condition under

paragraph (1) applies, the parolee shall be detained in or

recommitted to a State correctional institution or contracted

county jail.] or any secured facility operated or contracted

by the department.

(1.2) Notwithstanding paragraph (1) and subject to

paragraph (1.3), a parolee under the jurisdiction of the

board who violates the terms and conditions of his parole,

other than a convicted violator who has parole revoked under

subsection (a), may be arrested and detained without

revocation of parole under a program to impose swift,

predictable and brief sanctions. The program shall provide

for immediate detention in a community corrections center,

community corrections facility or any secured facility

operated or contracted by the department for a period not to

exceed seven days. The board shall adopt procedures governing

appropriate detention under this paragraph, including

identifying which offenders are eligible for the program and

A04173 - 79 -

providing warnings to parolees to clearly communicate

expectations and consequences.

(1.3) If the board determines that one of the following

conditions is present regarding a parolee who violates the

terms and conditions of parole, the parolee shall not be

eligible for detention under paragraph (1.2) and shall be

detained in or recommitted to a State correctional

institution or contracted county jail:

(i) The violation was sexual in nature.

(ii) The violation involved assaultive behavior or

included a credible threat to cause bodily injury to

another.

(iii) The violation involved possession or control

of a weapon.

(iv) The parolee has absconded and the parolee

cannot be safely diverted to a community corrections

center, community corrections facility or any secured

facility operated or contracted by the department.

(v) There exists an identifiable threat to public

safety, and the parolee cannot be safely diverted to a

community corrections center, community corrections

facility or any secured facility operated or contracted

by the department.

(vi) The violation involved an intentional and

unexcused failure to adhere to recommended programming or

conditions on more than three occasions, and the parolee

cannot be safely diverted to a community corrections

center, community corrections facility or any secured

facility operated or contracted by the department.

* * *

A04173 - 80 -

Section 21. Section 6139(a)(6) and (b) of Title 61 are

amended to read:

§ 6139. Parole procedure.

(a) Specific requirements.--

* * *

(6) In no case shall a parole be granted, or an

application for parole be dismissed, unless a board member,

hearing examiner or other person so designated by the board

shall have seen and heard the parolee in person in regard

thereto within six months prior to the granting or dismissal

thereof. This requirement does not apply to paroles under

section 6137.1 (relating to short sentence parole) or to

persons scored as low probability to parole or high

probability to parole under parole guidelines adopted under

42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for

parole) .

* * *

(b) Reliance on reports.--In granting and revoking paroles

and in discharging from parole, the members of the board acting

thereon shall not be required to personally hear or see all the

witnesses and evidence submitted to them for their action, but

they may act on the report submitted to them by their agents and

employees, together with any pertinent and adequate information

furnished to them by fellow members of the board or by others.

In granting or revoking parole or bringing an alleged parole

violator before a hearing examiner, the appearance may be

conducted via videoconferencing or similar virtual presence

technology. This subsection shall not apply to victim input

under section 6140 (relating to victim statements, testimony and

participation in hearing).

A04173 - 81 -

* * *

Section 22. Section 6140 of Title 61 is amended by adding a

subsection to read:

§ 6140. Victim statements, testimony and participation in

hearing.

* * *

(i) Victim or family member.--The term "victim or family

member" shall be interpreted and applied to include all victims

and family members and shall not be interpreted or applied to

exclude any victim, victim's representative or family member who

wishes to submit a statement, testify or otherwise participate

under this section.

Section 23. Chapter 61 of Title 61 is amended by adding a

subchapter to read:

SUBCHAPTER E

PAROLEE HOMICIDE REVIEW

Sec.

6161. Parolee Homicide Review Team.

6162. Members.

6163. Confidentiality.

6164. Regulations.

§ 6161. Parolee Homicide Review Team.

(a) Establishment.--The department shall establish the

Parolee Homicide Review Team, which shall examine circumstances

surrounding those who have committed criminal homicide while

under supervision by the board.

(b) Powers and duties.--The department, in cooperation with

the members of the Parolee Homicide Review Team, shall have the

following powers and duties in relation to the program:

(1) Collect, review and analyze all appropriate events

A04173 - 82 -

and issues surrounding and related to homicides committed by

those while under the supervision of the board.

(2) Identify compliance with applicable statutes,

regulations, guidelines, best practices, protocols and other

standards.

(3) Develop and recommend any appropriate changes in

applicable statutes, regulations, guidelines, best practices,

protocols and other standards.

(4) Review relevant and applicable issues related to the

training of individuals who interact with those under the

supervision of the board and develop and recommend any

appropriate changes to such training.

(5) Review relevant and applicable issues related to

collaboration with other criminal justice agencies and

develop recommendations to address any systematic gaps in

supervision and public safety.

(6) Review relevant and applicable issues related to

treatment, counseling, services and reentry programs and

develop recommendations to improve case management of

individuals.

(7) Submit a report to the Governor and the chairperson

and minority chairperson of the Judiciary Committee of the

Senate and the chairperson and minority chairperson of the

Judiciary Committee of the House of Representatives by

September 30 of each year relating to the activities, review,

findings, analysis and recommendations of the Parolee

Homicide Review Team. The recommendations shall address all

issues identified under paragraphs (1), (2), (3), (4), (5)

and (6), as well as factors that are likely to improve

supervision practices, identify deficiencies in the system

A04173 - 83 -

and recommendations to address them in order to reduce

recidivism and improve public safety and strengthen

collaboration with criminal justice agencies.

approval of the other members of the Parolee Homicide Review

Team, may include case reviews of nonhomicide cases if such

cases resulted in a serious breach of public safety and review

of such cases is necessary to maintain or improve the safety of

the public.

(d) Meetings.--The Parolee Homicide Review Team shall meet

no less than once per year, but as often as the chair deems

necessary to fulfill the duties of the Parolee Homicide Review

Team.

§ 6162. Members.

(a) Permanent members.--The Parole Homicide Review Team

shall consist of the following individuals or their designees:

(1) The Secretary of Corrections, who shall chair the

Parolee Homicide Review Team.

(2) The chair of the Board of Probation and Parole.

(3) The commissioner of the Pennsylvania State Police.

(4) Three district attorneys selected by the

Pennsylvania District Attorneys Association. Each district

attorney shall be from different regions of this

Commonwealth.

(5) Three chief county probation officers selected by

the County Probation Officers Association. Each chief county

probation officer shall be from different regions of this

Commonwealth.

(6) The executive director of the Pennsylvania

Commission on Sentencing.

A04173 - 84 -

(7) The Attorney General.

(8) The executive director of the Pennsylvania Chiefs of

Police Association.

(9) The victim advocate.

(10) No more than two professors of law with expertise

in criminal justice, appointed by the Governor.

(11) A representative from the Administrative Office of

Pennsylvania Courts, appointed by the Chief Justice.

(12) A representative of a local victim services

organization, appointed by the Governor.

(13) The executive director of the Pennsylvania

Commission on Crime and Delinquency.

(b) Ad hoc members.--The chair, in consultation with and

approval of the other members of the Parolee Homicide Review

Team, may invite other relevant individuals to serve on an ad

hoc basis and participate as full members of the review team for

a particular review. These individuals may include individuals

with particular expertise that would be helpful to the review

panel or representatives of organizations or agencies that had

contact with or provided services to the homicide victim or the

alleged perpetrator.

§ 6163. Confidentiality.

(a) Maintenance.—-Members of the Parolee Homicide Review

Team shall maintain the confidentiality of any identifying

information obtained relating to this section.

(b) Agreement.--Each member of the Parolee Homicide Review

Team shall sign a confidentiality agreement applicable to all

reviews conducted by the Parolee Homicide Review Team.

faith provides information or records to the Parolee Homicide

A04173 - 85 -

Review Team shall not be subject to civil or criminal liability

as a result of providing the information or record.

(d) Discovery.--The discussions, deliberations and records

of the Parolee Homicide Review Team are privileged and

confidential and shall not be subject to discovery, subpoena or

introduction into evidence in any civil or criminal action.

(e) Right-to-Know Law.--The provisions of this chapter shall

not be subject to the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law .

(f) Meetings.--Meetings of the Parolee Homicide Review Team

shall be closed to the public and shall not be subject to the

provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(g) Penalty.--A person who violates the provisions of this

section commits a misdemeanor of the third degree.

§ 6164. Regulations.

The department shall promulgate regulations necessary to

carry out the purposes of this subchapter.

Section 24. Sections 6303 and 6304 of Title 61 are amended

to read:

§ 6303. County Probation Officers' Firearm Education and

Training Commission.

[The County Probation Officers' Firearm Education and

Training Commission is established under the Pennsylvania Board

of Probation and Parole. The commission shall establish within

six months following the appointment of commission members a

County Probation Officers' Firearm Education and Training

Program to provide firearm education and training in accordance

with the provisions of this chapter.] The County Adult Probation

and Parole Advisory Committee established under the act of

November 22, 1978 (P.L.1166, No.274), referred to as the

A04173 - 86 -

Pennsylvania Commission on Crime and Delinquency Law, shall

serve as the County Probation Officers' Firearm Education and

Training Commission under this chapter, including assuming all

of its funding, powers, duties and responsibilities under this

chapter.

§ 6304. Commission [membership] and advisory subcommittee.

(a) Composition.--The [commission] chairperson of the County

Adult Probation and Parole Advisory Committee shall [be composed

of the chairman of the board and eight other members to be

appointed by the Governor] appoint an advisory subcommittee to

be composed of:

(1) Three county adult probation officers who are full

members of the County Chief Adult Probation and Parole

Officers' Association of Pennsylvania, one of whom is a chief

adult probation officer from a county authorized to carry

firearms and two of whom are firearms instructors certified

as such by the National Rifle Association, the Pennsylvania

State Police or the Federal Bureau of Investigation.

(2) One member of the Pennsylvania Council of Chief

Juvenile Probation Officers.

(3) One representative of the Juvenile Court Judges'

Commission.

(4) One judge of a court of common pleas of a county

that employs officers who carry firearms.

(5) One director qualified under 53 Pa.C.S. Ch. 21

Subch. D (relating to municipal police education and

training).

(6) One county commissioner from a county which employs

officers who carry firearms.

[(b) Terms.--Terms of the members initially appointed shall

A04173 - 87 -

be three members for one year, three members for two years and

three members for three years, as designated by the Governor at

the time of appointment. Thereafter, terms shall be for three

years. Each member shall hold office until the expiration of the

term for which the member was selected or until the member's

earlier death, resignation or removal or until the member's

successor has been selected and qualified but in no event more

than six months beyond the expiration of the member's appointed

term.

by other than expiration of a term shall be appointed for the

unexpired term of the member who that person is to succeed in

the same manner as the original appointment.]

(d) Compensation.--The members of the commission and

subcommittee shall serve without compensation but shall be

reimbursed the necessary and actual expenses incurred in

attending the meetings of the commission and in the performance

of their duties under this chapter.

(e) Organization.--[The commission shall elect from among

its members a chairperson and other officers who shall hold

office at the pleasure of the commission.] The chairperson of

the County Adult Probation and Parole Advisory Committee shall

serve as chairperson of the commission. The commission shall act

only with the concurrence of the majority.

(f) Meetings and quorum.--The commission shall meet [at

least four times each year until the program is implemented.

Thereafter, the commission shall meet] as may be necessary, but

at least once annually. Special meetings may be called by the

chairperson of the commission or upon written request of three

members. A quorum shall consist of [four members of the

A04173 - 88 -

commission] a majority of the members appointed.

Section 25. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 42

Pa.C.S. §§ 2151.2, 2152 and 2153.

(2) Article XXVIII-F of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

is repealed.

Section 26. The addition of 61 Pa.C.S. § 6137.1 shall not be

interpreted to create a right to parole or a liberty interest.

The Commonwealth and its agencies shall not be subject to suit

for failure to grant parole under 61 Pa.C.S. § 6137.1.

Section 22 27. This act shall take effect as follows:

(1) The following shall take effect in 60 days:

(i) The amendment of 42 Pa.C.S. §§ 2154, 2154.1 and

2154.7.

(ii) The repeal of 42 Pa.C.S. § 2154.2.

(III) THE AMENDMENT OF 61 PA.C.S. §§ 4101, 4103,

4104, 4105 AND 4107.

(iii) (IV) The amendment of 61 Pa.C.S. Ch. 61 Subch.

B heading.

(iv) (V) The amendment of 61 Pa.C.S. §§ 6101, 6111,

6131(a)(3), (4) and (5) and 6133(c) and (d).

(v) (VI) The repeal of 61 Pa.C.S. § 6123.

(2) The following shall take effect in 120 days:

(i) The amendment or addition of 61 Pa.C.S. §§

6137(a)(1), 6138(c) 6138(c)(8) and 6139(a)(6) and (b)

shall take effect in 120 days.

(ii) The addition of 61 Pa.C.S. § 6137.5.

(3) The amendment of 61 Pa.C.S. §§ 6303 and 6304 shall

A04173 - 89 -

take effect in one year.

(3) (4) The remainder of this act shall take effect

immediately.

A04173 - 90 -