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.










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