H0006B2931A05959 MSP:JMM 02/26/08 #90 A05959
AMENDMENTS TO HOUSE BILL NO. 6
Sponsor: REPRESENTATIVE D. O'BRIEN
Printer's No. 2931
1 Amend Title, page 1, line 21, by striking out "and" and
2 inserting a comma
3 Amend Title, page 1, line 21, by removing the period after
4 "parole" and inserting
5 and for victim of the offense.
6 Amend Sec. 2 (Sec. 4), page 3, line 16, by inserting after
7 "(e)"
8 and 44 Pa.C.S. Ch. 53 (relating to recidivism risk
9 reduction incentive)
10 Amend Sec. 4 (Sec. 17), page 6, line 5, by inserting after
11 "YEARS."
12 If a court paroles or reparoles a person, the court shall report
13 the parole decision to the Pennsylvania Commission on Sentencing
14 pursuant to 42 Pa.C.S. § 2153(a)(14) (relating to powers and
15 duties).
16 Amend Sec. 5 (Sec. 21), page 6, line 17, by striking out
17 "2154.4" and inserting
18 2154.5
19 Amend Sec. 5 (Sec. 21), page 7, line 5, by striking out
20 "2154.4" and inserting
21 2154.5
22 Amend Sec. 5 (Sec. 21), page 7, line 7, by removing the
23 period after "guidelines" and inserting
24 to the Pennsylvania Commission on Sentencing, as
25 established under 42 Pa.C.S. § 2153(a)(14) (relating
1 to powers and duties).
2 Amend Sec. 5 (Sec. 21), page 7, lines 8 and 9, by striking
3 out all of line 8 and "with this subsection, including" in line
4 9 and inserting
5 use
6 Amend Sec. 5 (Sec. 21), page 7, line 10, by inserting after
7 "from"
8 also
9 Amend Sec. 5 (Sec. 21), page 7, line 11, by striking out
10 "detailed guideline"
11 Amend Sec. 5 (Sec. 21), page 7, line 12, by removing the
12 period after "act" and inserting
13 including internal decisional instruments.
14 Amend Sec. 5 (Sec. 21), page 11, line 18, by striking out
15 "2154.5" and inserting
16 2154.6
17 Amend Sec. 5 (Sec. 21), page 11, by inserting between lines
18 19 and 20
19 (c.1) In each case in which the board deviates from the
20 recommitment ranges established under 42 Pa.C.S. § 2154.6, the
21 board shall provide a contemporaneous written statement of the
22 reason for the deviation from the recommitment ranges to the
23 Pennsylvania Commission on Sentencing, as established under 42
24 Pa.C.S. § 2153(a)(14).
25 Amend Bill, page 12, by inserting between lines 27 and 28
26 Section 7. Section 22.1 of the act, amended July 11, 1990
27 (P.L.476, No.114), is amended to read:
28 Section 22.1. The victim of the offense for which a
29 defendant is sentenced, or a member of the immediate family of
30 the victim if the victim is a juvenile, is incapable of
31 testifying or died as a result of the defendant's conduct, shall
32 be notified by the district attorney immediately following
33 sentencing, in cases where the defendant has been sentenced to a
34 term of imprisonment, that he shall have the opportunity to
35 present a statement for the parole report to be considered at
36 the parole hearing or to testify to the parole board expressing
37 his opinion concerning the release of the defendant. Each victim
38 or relative shall be responsible for notifying the board of his
39 intention to submit such a statement and to provide and keep
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1 current an appropriate mailing address.
2 The report may include a statement concerning the continuing
3 nature and extent of any physical harm or psychological or
4 emotional harm or trauma suffered by the victim, the extent of
5 any loss of earnings or ability to work suffered by the victim
6 and the continuing effect of the crime upon the victim's family.
7 At the time public notice is given that an inmate is being
8 considered for parole pursuant to this section, the board shall
9 also notify any victim or nearest relative who has previously
10 contacted the board of the availability to provide a statement
11 for inclusion in the parole report or to present testimony for
12 inclusion at the parole hearing.
13 The board shall notify such person at his last known mailing
14 address. The notification required by this section shall be
15 given by the board, in the case of a parole to be granted
16 pursuant to section 22 of this act, or by the court, in the case
17 of a parole to be granted pursuant to section 17 of this act.
18 The victim or family member shall notify the board within
19 thirty days from the date of the notice of his intent to present
20 testimony for a parole hearing. This time period may be waived
21 by the board for good cause.
22 Upon the victim or family member submitting a written
23 statement to the board subsequent to notice, the statement shall
24 be made a part of the board's file on the inmate, and the
25 inmate's case shall be referred to a hearing officer designated
26 to conduct parole release hearings.
27 Upon the victim or family member informing the board
28 subsequent to notice being provided that such person intends to
29 testify, the chairperson shall assign the inmate's case to a
30 hearing examiner for the purpose of receiving such person's
31 testimony.
32 The assigned hearing examiner shall conduct a hearing within
33 thirty days from the date the board received notification of the
34 intent to offer testimony.
35 The hearing shall be conducted at a time and place and on a
36 date determined by the chairperson or designee. Notice of the
37 time, place and date of the hearing shall be provided to the
38 victim or family member, in writing, and shall be mailed at
39 least ten days prior to the hearing date.
40 The hearing shall be recorded by an electronic recording
41 device.
42 The hearing examiner shall prepare a written report within a
43 reasonable amount of time prior to the hearing date. A copy of
44 the report shall be forwarded to the person offering testimony.
45 A copy of the report shall be made a part of the board's file on
46 the prisoner.
47 Upon completion of the written report, the prisoner's case
48 shall be referred to a hearing examiner designated to conduct
49 parole release hearings.
50 The hearing scheduled pursuant to this section shall be
51 conducted, when possible, prior to a parole release hearing and
52 prior to the board rendering a decision. However, nothing herein
53 shall be construed to preclude the board from conducting a
54 timely parole release hearing.
55 After submission of the report, the board shall within a
56 reasonable amount of time:
57 (1) evaluate the information provided;
58 (2) determine whether the decision shall be affirmed or
59 modified;
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1 (3) determine whether a rescission hearing shall be
2 conducted; and
3 (4) notify the prisoner in writing of its decision.
4 [Any] Except as otherwise provided by law or this section,
5 any and all statements or testimony of the victim or family
6 member submitted to the board pertaining to the continuing
7 nature and extent of any physical harm or psychological or
8 emotional harm or trauma suffered by the victim, the extent of
9 any loss of earnings or ability to work suffered by the victim
10 and the continuing effect of the crime upon the victim's family
11 shall [not be deemed confidential and shall be released to the
12 prisoner unless the withholding of the statements or testimony
13 is requested by the victim and the hearing officer determines
14 that the release of the statements or testimony would endanger
15 the safety of the person providing the statements or testifying.
16 The board on its own motion may for good cause identify all or
17 part of the statements or testimony as confidential.]:
18 (1) Be deemed confidential and privileged.
19 (2) Not be subject to subpoena or discovery.
20 (3) Not be introduced into evidence in any judicial or
21 administrative proceeding.
22 (4) Not be released to the prisoner.
23 All records maintained by the board pertaining to victims
24 shall be kept separate[, and current address information of the
25 victim or]. Current address, telephone numbers and any other
26 personal information of the victim and family members shall be
27 deemed confidential.
28 Except as otherwise provided by law, no person who has had
29 access to a report, record or any other information under this
30 section shall disclose the content of the report, record or
31 other information or testify in a judicial or administrative
32 proceeding without the written consent of the victim.
33 A victim or the family member who has submitted a written
34 statement for the parole report or testified at a hearing
35 pursuant to this section shall be notified by the board of the
36 final decision rendered in the prisoner's case.
37 If the final decision is to not release the prisoner and if,
38 subsequent to that decision, additional parole release hearings
39 are conducted for that same prisoner, then the victim or family
40 member who has submitted a written statement for the parole
41 report or who has testified at a hearing pursuant to this
42 section shall be notified by the board at the last known address
43 if and when additional parole hearings are scheduled by the
44 board.
45 Amend Sec. 7, page 12, line 28, by striking out "7" and
46 inserting
47 8
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