H0004B2394A06266 MSP:SRA 03/17/07 #90 A06266
AMENDMENTS TO HOUSE BILL NO. 4
Sponsor: REPRESENTATIVE D. O'BRIEN
Printer's No. 2394
1 Amend Title, page 1, line 15, by removing the period after
2 "incentive" and inserting
3 and for work release or other court order.
4 Amend Sec. 2 (Sec. 2152), page 2, line 10, by inserting after
5 "Corrections"
6 , the victim advocate appointed under section 301 of
7 the act of November 24, 1998 (P.L.882, No.111), known
8 as the Crime Victims Act,
9 Amend Sec. 3, page 2, line 16, by inserting after "amended"
10 and the subsection is amended by adding a paragraph
11 Amend Sec. 3 (Sec. 2153), page 2, line 25, by striking out
12 "appropriate"
13 Amend Sec. 3 (Sec. 2153), page 3, line 7, by inserting after
14 "imposed"
15 , including initial sentences and any subsequent
16 modification of sentences or resentences following
17 revocation or remand, and parole and reparole
18 decisions by the board and any other paroling
19 authority
20 Amend Sec. 3 (Sec. 2153), page 3, line 21, by inserting after
21 "guidelines"
22 , recommitment ranges
23 Amend Sec. 3 (Sec. 2153), page 3, line 22, by inserting after
24 "laws"
25 to document eligibility for and releases pursuant to a county
26 reentry plan, to document eligibility for and imposition of
1 recidivism risk reduction incentive minimum sentences and to
2 document all parole and reparole decisions by the board and any
3 other paroling authority
4 Amend Sec. 3 (Sec. 2153), page 3, line 25, by striking out
5 "or" where it appears the first time and inserting an
6 underscored comma
7 Amend Sec. 3 (Sec. 2153), page 3, line 25, by inserting
8 brackets before and after "or both." and inserting
9 , releases pursuant to a county reentry plan, recommitment
10 ranges and recidivism risk reduction incentive minimum
11 sentences, and collect information on all parole and reparole
12 decisions by the board and any other paroling authority.
13 Amend Sec. 3 (Sec. 2153), page 3, line 26, by inserting after
14 "and"
15 electronic
16 Amend Sec. 3 (Sec. 2153), page 3, by inserting between lines
17 27 and 28
18 (15) Prior to adoption of changes to guidelines for
19 sentencing, resentencing and parole, and recommitment ranges
20 following revocation, use a correctional population
21 simulation model to determine:
22 (i) Resources that are required under current
23 guidelines and ranges.
24 (ii) Resources that would be required to carry out
25 any proposed changes to the guidelines and ranges.
26 Amend Sec. 4 (Sec. 2154.3), page 3, line 30, by striking out
27 "2154.3" and inserting
28 2154.4
29 Amend Sec. 4 (Sec. 2154.4), page 4, line 8, by striking out
30 "2154.4" and inserting
31 2154.5
32 Amend Sec. 4 (Sec. 2154.5), page 5, line 8, by striking out
33 "2154.5" and inserting
34 2154.6
35 Amend Sec. 4 (Sec. 2154.5), page 5, line 23, by inserting
36 after "provide"
HB0004A06266 - 2 -
1 a
2 Amend Sec. 4 (Sec. 2154.5), page 5, lines 24 and 25, by
3 striking out "reasons, consistent with board procedure," and
4 inserting
5 statement of the reasons
6 Amend Sec. 4 (Sec. 2154.5), page 5, line 25, by inserting
7 after "ranges"
8 to the commission as established under section
9 2153(a)(14) (relating to powers and duties)
10 Amend Sec. 5 (Sec. 2155), page 6, line 6, by inserting after
11 "resentencing"
12 and parole
13 Amend Sec. 5 (Sec. 2155), page 6, line 12, by inserting after
14 "punishment" where it appears the second time
15 , parole guidelines
16 Amend Sec. 5 (Sec. 2155), page 7, line 13, by inserting after
17 "punishment" where it appears the second time
18 , parole guidelines
19 Amend Sec. 5 (Sec. 2155), page 7, line 22, by inserting after
20 "guidelines"
21 and recommitment ranges
22 Amend Sec. 5 (Sec. 9721), page 8, line 2, by striking out ",
23 resentencing and recommitment" and inserting
24 and resentencing
25 Amend Sec. 5 (Sec. 9721), page 8, line 5, by inserting after
26 "resentencing"
27 and parole
28 Amend Sec. 5 (Sec. 9721), page 8, line 7, by inserting after
29 "misdemeanor,"
30 modifies a sentence, resentences an offender following
31 revocation of probation, county intermediate punishment or State
HB0004A06266 - 3 -
1 intermediate punishment or resentences following remand,
2 Amend Sec. 5 (Sec. 9721), page 8, line 11, by striking out ",
3 resentence or recommitment" and inserting
4 or resentence
5 Amend Sec. 5 (Sec. 9721), page 8, line 11, by inserting
6 brackets before and after "sentencing"
7 Amend Sec. 5 (Sec. 9721), page 8, line 15, by striking out
8 "2154.3" and inserting
9 2154.2 (relating to adoption of guidelines for State
10 intermediate punishment), 2154.3 (relating to
11 adoption of guidelines for fines), 2154.4
12 Amend Sec. 5 (Sec. 9721), page 8, line 16, by striking out
13 "2154.4" and inserting
14 2154.5
15 Amend Sec. 5 (Sec. 9721), page 8, line 20, by inserting after
16 "guidelines"
17 to the commission, as established under section
18 2153(a)(14) (relating to powers and duties)
19 Amend Sec. 5 (Sec. 9721), page 8, line 21, by inserting after
20 "sentence"
21 or resentence
22 Amend Sec. 7 (Sec. 9762), page 10, lines 6 and 7, by striking
23 out "Beginning three years after the effective date of this
24 subsection, all" and inserting
25 All
26 Amend Sec. 7 (Sec. 9762), page 10, line 7, by inserting after
27 "sentenced"
28 three or more years after the effective date of this
29 subsection
30 Amend Sec. 7 (Sec. 9762), page 10, line 8, by striking out
31 "for the following terms"
32 Amend Sec. 7 (Sec. 9762), page 11, line 8, by striking out
HB0004A06266 - 4 -
1 "restrictive"
2 Amend Sec. 7 (Sec. 9762), page 11, line 10, by inserting
3 after "county"
4 intermediate
5 Amend Sec. 7 (Sec. 9762), page 11, lines 15 through 23, by
6 striking out "persons" in line 15, all of lines 16 through 23
7 and inserting
8 every Level 4 or 5 offender as identified in the Basic
9 Sentencing Matrix promulgated by the Pennsylvania Commission on
10 Sentencing who is participating in an approved work release
11 program. The reimbursement per prisoner shall not exceed the
12 average per-prisoner cost of confinement paid by the
13 Commonwealth for the confinement of prisoners in the Department
14 of Corrections. No more than $2,500,000 shall be expended
15 annually for this purpose. Reimbursement shall be made on a pro
16 rata basis if the total dollar amount of eligible confinement
17 costs exceeds $2,500,000. Nothing in this paragraph shall
18 prevent more than $2,500,000 being appropriated for this
19 purpose. Reimbursement shall be made on a pro rata basis if the
20 total dollar amount of eligible confinement costs exceeds any
21 additional appropriation. A county shall not be reimbursed under
22 this section for any offender participating in an approved work
23 release program for whom the county is being or has been
24 reimbursed from any other State funds regardless of their
25 source.
26 Amend Sec. 8 (Sec. 9764), page 12, line 30, by inserting a
27 bracket before "the"
28 Amend Sec. 8, page 13, line 1, by inserting a bracket after
29 "order" and inserting immediately thereafter
30 a copy of the court commitment form DC-300B generated
31 from the Common Pleas Criminal Court Case Management
32 System of the Unified Judicial System
33 Amend Sec. 8 (Sec. 9764), page 14, lines 4 and 5, by striking
34 out all of said lines and inserting
35 (8) A copy of the sentencing order and any detainers
36 filed against the inmate which the county has notice and the
37 court commitment form DC-300B generated from the Common Pleas
38 Criminal Court Case Management System of the Unified Judicial
39 System.
40 Amend Sec. 8 (Sec. 9764), page 16, by inserting between lines
41 10 and 11
HB0004A06266 - 5 -
1 (3) The Department of Corrections, board and a county
2 correctional facility shall not be liable for compensatory,
3 punitive or other damages for relying in good faith on any
4 sentencing order or court commitment form DC-300B generated
5 from the Common Pleas Criminal Court Case Management System
6 of the Unified Judicial System or otherwise transmitted to
7 them.
8 Amend Sec. 8 (Sec. 9764), page 16, lines 11 through 19, by
9 striking out "The county or" in line 11, all of lines 12 through
10 18 and "transfers." in line 19
11 Amend Sec. 8 (Sec. 9764), page 16, lines 22 through 24, by
12 striking out "This subsection" in line 22 and all of lines 23
13 and 24
14 Amend Bill, page 19, by inserting between lines 19 and 20
15 Section 8.1. Title 42 is amended by adding a section to
16 read:
17 § 9813. Work release or other court order and purposes.
18 (a) Generally.--Notwithstanding any provision of law, if any
19 offender has been sentenced to undergo imprisonment in a county
20 jail for a term of less than five years, the court, at the time
21 of sentence or at any time thereafter upon application made in
22 accordance with this section, may enter an order making the
23 offender eligible to leave the jail during necessary and
24 reasonable hours for the purpose of working at his employment,
25 conducting his own business or other self-employed occupation,
26 including housekeeping and attending to the needs of family,
27 seeking employment, attending an educational institution,
28 securing medical treatment or for other lawful purposes as the
29 court shall consider necessary and appropriate.
30 (b) Procedure.--At the time of imposition of a county jail
31 sentence, a crime victim receiving notice of the sentence
32 imposed shall be informed that the offender may be eligible for
33 an order under this section. An application for an order under
34 this section shall be served on the attorney for the
35 Commonwealth. Prior to granting any order under this section,
36 the court shall ensure that the attorney for the Commonwealth
37 and a registered crime victim have received notice of the
38 application and had a reasonable opportunity to be heard on the
39 application.
40 (c) Revocation or modification of previously entered
41 order.--The county jail officials may detain and recommit the
42 offender or preclude the offender from leaving the county jail
43 if the offender violates the conditions set by the jail
44 officials or the court, or if allowing the offender to leave the
45 county jail poses a risk to community safety or the orderly and
46 safe management of the jail. The jail officials shall notify the
47 court of such action. In addition, the order of court may be
48 revoked or modified at any time with notice to the prisoner.
49 Amend Sec. 9 (Sec. 9904), page 20, line 11, by removing the
HB0004A06266 - 6 -
1 period after "sentence" and inserting
2 including victim notification under the act of
3 November 24, 1998 (P.L.882, No.111), known as the
4 Crime Victims Act.
5 Amend Sec. 10 (Sec. 5303), page 22, line 12, by removing the
6 period after "Act" and inserting
7 , or an equivalent offense under the laws of the United States
8 or one of its territories or possessions, another state, the
9 District of Columbia, the Commonwealth of Puerto Rico or a
10 foreign nation.
11 Amend Sec. 10 (Sec. 5304), page 24, line 16, by striking out
12 "and" and inserting a comma
13 Amend Sec. 10 (Sec. 5304), page 24, line 17, by inserting
14 after "Representatives"
15 , the board, the commission and the Victim Advocate
16 Amend Sec. 10 (Sec. 5305), page 24, line 30, by removing the
17 period after "chapter" and inserting
18 if the victim has been given notice of the prosecuting
19 attorney's intent to waive the eligibility requirements and an
20 opportunity to be heard on the issue. The court, after
21 considering victim input, may refuse to accept the prosecuting
22 attorney's waiver of the eligibility requirements.
23 Amend Sec. 10 (Sec. 5306), page 25, line 27, by striking out
24 "parole" and inserting
25 issue a decision to parole, without further review by
26 the board,
27 Amend Sec. 10 (Sec. 5306), page 27, lines 2 through 5, by
28 striking out all of lines 2 through 4 and "behavior" in line 5
29 and inserting
30 under section 5305(b) (relating to sentencing), the department
31 certifies that it has not received additional information
32 demonstrating a history of past or present violent behavior
33 which was not available at the time of sentencing
34 Amend Bill, page 32, by inserting between lines 9 and 10
35 Section 11. Repeals are as follows:
36 (1) The General Assembly declares that the repeal under
37 paragraph (2) is necessary to effectuate the addition of 42
38 Pa.C.S. § 9813.
HB0004A06266 - 7 -
1 (2) Section 1 of the act of August 13, 1963 (P.L.774,
2 No.390), referred to as the County Jail Prisoner Temporary
3 Release Law, is repealed.
4 Amend Sec. 11, page 32, line 10, by striking out "11" and
5 inserting
6 12
C17L90MSP/HB0004A06266 - 8 -