H0007B2906A06525 DMS:JB 04/01/08 #90 A06525
AMENDMENTS TO HOUSE BILL NO. 7
Sponsor: REPRESENTATIVE LEACH
Printer's No. 2906
1 Amend Sec. 1 (Sec. 1), page 1, line 20, by inserting a
2 bracket before "Section"
3 Amend Sec. 1 (Sec. 1), page 1, line 20, by striking out the
4 bracket before "Be"
5 Amend Sec. 1 (Sec. 1), page 2, line 14, by striking out all
6 of said line and inserting
7 removed.]
8 Section 1. Removal.
9 Amend Sec. 1 (Sec. 1), page 2, line 15, by striking out
10 "Petition" and inserting
11 Prisoners committed to custody of the Department of
12 Corrections
13 Amend Sec. 1 (Sec. 1), page 2, line 16, by inserting after
14 "Corrections" where it appears the second time
15 , the prisoner or a person to whom the court grants
16 standing to act on behalf of the prisoner
17 Amend Sec. 1 (Sec. 1), page 2, line 17, by striking out
18 "approve the proposed removal of" and inserting
19 temporarily defer service of the sentence of
20 confinement and temporarily remove
21 Amend Sec. 1 (Sec. 1), page 2, lines 21 and 22, by striking
22 out "Department of Corrections' request to" and inserting
23 petitioner's request to temporarily defer service of
24 the sentence of confinement and
25 Amend Sec. 1 (Sec. 1), page 2, line 23, by inserting after
1 "upon"
2 clear and convincing
3 Amend Sec. 1 (Sec. 1), page 2, lines 25 and 26, by striking
4 out "Department of Corrections reasonably believes that the"
5 Amend Sec. 1 (Sec. 1), page 2, line 30, by striking out
6 "Department of Corrections" and inserting
7 petitioner
8 Amend Sec. 1 (Sec. 1), page 3, lines 4 and 5, by striking out
9 "The Department of Corrections reasonably believes that there"
10 and inserting
11 There
12 Amend Sec. 1 (Sec. 1), page 3, line 11, by inserting after
13 "community."
14 In making this determination the sentencing court shall consider
15 the prisoner's institutional conduct record, whether the
16 prisoner was ever convicted of a crime of violence, the length
17 of time that the prisoner has been imprisoned and any other
18 factors the sentencing court deems relevant.
19 Amend Sec. 1 (Sec. 1), page 3, by inserting between lines 16
20 and 17
21 (vii) Each agency representing the Commonwealth at a
22 proceeding which resulted in an order committing or
23 detaining the inmate, the State or local correctional
24 facility housing the inmate and any registered crime
25 victim have been given notice and an opportunity to be
26 heard on the petition.
27 Amend Sec. 1 (Sec. 1), page 3, lines 17 through 20, by
28 striking out "Department of" in line 17, all of lines 18 through
29 20 and inserting
30 petitioner's request to temporarily defer service of the
31 sentence of confinement in order for the prisoner to receive
32 care from a licensed hospice care provider proposed by the
33 petitioner if all of the following are established by clear and
34 convincing proof:
35 Amend Sec. 1 (Sec. 1), page 3, lines 23 through 27, by
36 striking out all of said lines and inserting
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1 (ii) The licensed hospice care provider can provide
2 the prisoner with more appropriate care.
3 Amend Sec. 1 (Sec. 1), page 3, line 30, by inserting after
4 "hospice" where it appears the first time
5 care
6 Amend Sec. 1 (Sec. 1), page 4, line 1, by striking out
7 "hospice" and inserting
8 proposed, licensed hospice care
9 Amend Sec. 1 (Sec. 1), page 4, line 3, by inserting after
10 "community."
11 In making this determination the sentencing court shall consider
12 the prisoner's institutional conduct record, whether the
13 prisoner was ever convicted of a crime of violence, the length
14 of time that the prisoner has been imprisoned and any other
15 factors the sentencing court deems relevant.
16 Amend Sec. 1 (Sec. 1), page 4, line 4, by inserting after
17 "hospice"
18 care
19 Amend Sec. 1 (Sec. 1), page 4, by inserting between lines 9
20 and 10
21 (vi) Each agency representing the Commonwealth at a
22 proceeding which resulted in an order committing or
23 detaining the prisoner, the State or local correctional
24 facility housing the prisoner and any registered crime
25 victim have been given notice and an opportunity to be
26 heard on the petition.
27 Amend Sec. 1 (Sec. 1), page 4, lines 10 through 20, by
28 striking out all of said lines and inserting
29 (3) Any order entered pursuant to this subsection
30 temporarily deferring service of a prisoner's sentence of
31 confinement shall include a provision that the Department of
32 Corrections or prosecuting attorney may at any time petition
33 the sentencing court for an order directing that the prisoner
34 be recommitted to the custody of the Department of
35 Corrections if the circumstances under which the prisoner was
36 released change or for any previously unknown circumstances,
37 including a change in the prisoner's medical status, the
38 prisoner's risk of escape, the prisoner's danger to the
39 community, or the nature of the medical or other care
40 provided by the hospital, long-term care nursing facility or
41 hospice care provider.
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1 (4) The sentencing court may terminate at any time its
2 order authorizing the temporary deferral of the service of a
3 prisoner's sentence of confinement entered pursuant to this
4 subsection. A prisoner taken into custody pursuant to an
5 order directing the prisoner's detention or recommitment
6 under this subsection shall be delivered to the nearest State
7 correctional institution to be housed by the Department of
8 Corrections pending a hearing on the matter.
9 Amend Sec. 1 (Sec. 1), page 4, line 21, by striking out
10 "Placement.--An inmate" and inserting
11 Prisoners committed to the custody of other
12 facilities.--A prisoner
13 Amend Sec. 1 (Sec. 1), page 4, line 26, by inserting after
14 "may"
15 have service of his sentence of confinement deferred
16 and may
17 Amend Sec. 1 (Sec. 1), page 4, line 30, by striking out
18 "apply" and inserting
19 are established by clear and convincing proof
20 Amend Sec. 1 (Sec. 1), page 5, line 3, by inserting after
21 "designee"
22 or the prisoner or a person to whom the court grants
23 standing to act on behalf of the prisoner
24 Amend Sec. 1 (Sec. 1), page 5, line 5, by striking out
25 "person confined" and inserting
26 prisoner
27 Amend Sec. 1 (Sec. 1), page 5, lines 10 and 11, by striking
28 out all of said lines and inserting
29 (3) An entry of an order pursuant to this subsection
30 temporarily deferring service of a prisoner's sentence of
31 confinement shall include a provision that the administrator
32 of the local correctional facility or the prosecuting
33 attorney may at any time petition the sentencing court
34 seeking the issuance of a bench warrant directing that the
35 prisoner be recommitted to the custody of the local
36 correctional facility if the circumstances under which the
37 prisoner was released change or for previously unknown
38 circumstances, including a change in the prisoner's medical
39 status, the prisoner's risk of escape, the prisoner's danger
40 to the community or the nature of the medical or other care
41 provided by the hospital, long-term care nursing facility or
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1 hospice care provider.
2 (4) The sentencing court may terminate at any time its
3 order authorizing the temporary deferral of the service of a
4 prisoner's sentence of confinement entered pursuant to this
5 subsection. A prisoner taken into custody pursuant to an
6 order directing his detention or recommitment under this
7 subsection shall be delivered to the county correctional
8 facility, jail or other institution at which he was confined
9 prior to the entry of the order deferring the service of his
10 sentence of confinement pending a hearing on the matter.
11 Amend Sec. 1 (Sec. 1), page 5, line 15, by inserting after
12 "detained"
13 and to the State or local correctional facility
14 responsible for housing the prisoner
15 Amend Sec. 1 (Sec. 1), page 5, by inserting between lines 24
16 and 25
17 (d) Notice.--
18 (1) Any order entered under this section placing a
19 prisoner in a hospital, long-term care nursing facility or
20 hospice care location which provides care to persons who were
21 not placed therein pursuant to an order entered under this
22 section shall direct the individual in charge of the
23 hospital, long-term care nursing facility or hospice care
24 location to ensure that each person receiving care at, and
25 each employee or contractor working in, the hospital, long-
26 term care nursing facility or hospice care location is
27 notified that the placement was ordered if it is foreseeable
28 that the person, employee or contractor will come into
29 contact with the prisoner during the placement.
30 (2) The sentencing court shall forward notice of any
31 order entered under this section placing a prisoner in a
32 hospital, long-term care nursing facility or hospice care
33 location to the hospital, long-term care nursing facility or
34 hospice care location and to the Department of Public
35 Welfare.
36 (e) Petition requirements.--Any petition filed pursuant to
37 this section must aver:
38 (1) The name of the hospital, long-term care nursing
39 facility or hospice care location proposed for placement.
40 (2) That the petitioner reasonably believes the named
41 hospital, long-term care nursing facility or hospice care
42 location has agreed to accept the placement of the prisoner
43 and the facts upon which that belief is based.
44 Amend Sec. 1 (Sec. 1), page 5, line 25, by striking out "(d)"
45 and inserting
46 (f)
47 Amend Sec. 1 (Sec. 1), page 6, line 1, by inserting after
48 "hospice"
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1 care
2 Amend Sec. 1 (Sec. 1), page 6, line 6, by inserting after
3 "hospice" where it appears the first time
4 care
5 Amend Sec. 1 (Sec. 1), page 6, lines 12 through 14, by
6 striking out all of said lines and inserting
7 "Prosecuting attorney." The district attorney of the county
8 that most recently sentenced a prisoner, or a designee of the
9 district attorney.
10 "Sentencing court." The trial judge who most recently
11 sentenced a prisoner or the president judge of the county court
12 of common pleas if the trial judge is no longer serving as a
13 judge of that court.
14 Amend Sec. 2 (Sec. 2), page 6, lines 16 through 20, by
15 striking out all of said lines and inserting
16 [Section 2. If any person so removed under an order of
17 court, as provided in the first section of this act, shall
18 escape, he or she, so offending, shall, upon conviction thereof,
19 be guilty of the crime of breach of prison.]
20 Section 2. Removal from placement.
21 If any person placed in a hospital, long-term care nursing
22 facility or hospice care location pursuant to this act removes
23 himself from the hospital, long-term care nursing facility or
24 hospice care location, he shall be subject to arrest upon
25 probable cause and shall, upon conviction thereof, be guilty of
26 criminal contempt.
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