H0004B2394A06344 MSP:DM 03/17/08 #90 A06344 AMENDMENTS TO HOUSE BILL NO. 4 Sponsor: REPRESENTATIVE DALLY Printer's No. 2394 1 Amend Title, page 1, line 5, by striking out "and" where it 2 appears the first time and inserting a comma 3 Amend Title, page 1, line 5, by inserting after "duties" 4 and for adoption of guidelines for sentencing 5 Amend Bill, page 3, by inserting between lines 28 and 29 6 Section 3.1. Section 2154(a) of Title 42 is amended by 7 adding a paragraph to read: 8 § 2154. Adoption of guidelines for sentencing. 9 (a) General rule.--The commission shall adopt guidelines for 10 sentencing within the limits established by law which shall be 11 considered by the sentencing court in determining the 12 appropriate sentence for defendants who plead guilty or nolo 13 contendere to, or who were found guilty of, felonies and 14 misdemeanors. The guidelines shall: 15 * * * 16 (5) Consider the impact of any amendments to section 17 9756 (relating to sentence of total confinement). 18 * * * 19 Amend Sec. 6, page 8, lines 24 and 25, by striking out all of 20 said lines and inserting 21 Section 6. Section 9756(b) of Title 42 is amended and the 22 section is amended by adding subsections to read: 23 Amend Sec. 6 (Sec. 9756), page 8, by inserting between lines 24 27 and 28 25 (b) Minimum sentence.-- 26 (1) The court shall impose a minimum sentence of 27 confinement which shall not exceed one-half of the maximum 28 sentence imposed. 29 (2) The minimum sentence imposed under this section may 30 not be reduced through parole prior to the expiration of the 31 minimum sentence unless otherwise authorized by this section 32 or other law. 33 (3) Except where the maximum sentence imposed is two
1 years or more, and except where a mandatory minimum sentence 2 of imprisonment or total confinement is required by law, the 3 court shall, at the time of sentencing, state whether or not 4 the defendant is eligible to participate in a reentry plan at 5 any time prior to the expiration of the minimum sentence or 6 at the expiration of a specified portion of the minimum 7 sentence. For maximum sentences of less than two years as 8 defined under section 9762(f) (relating to sentencing 9 proceeding; place of confinement), a court may parole a 10 defendant prior to the expiration of the minimum sentence 11 only if the defendant was made eligible to participate in a 12 reentry plan at the time of sentencing. The court shall 13 provide at least ten days' written notice and an opportunity 14 to be heard, pursuant to the act of June 19, 1911 (P.L.1059, 15 No.813), referred to as the County Jail and Workhouse Parole 16 Law, to the prosecuting attorney before granting parole 17 pursuant to this subsection. The reentry plan eligibility 18 shall be considered a part of the sentence and subject to the 19 requirements relating to the entry, recording and reporting 20 of sentences. 21 Amend Sec. 6 (Sec. 9756), page 9, by inserting between lines 22 5 and 6 23 (e) Definitions.--As used in this section, the term "reentry 24 plan" is a release plan that may include drug and alcohol 25 treatment, behavioral health treatment, job training, skills 26 training, education, life skills or any other conditions deemed 27 relevant by the court. C17L90MSP/HB0004A06344 - 2 -