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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, KOTIK, BOYD, D. COSTA, DERMODY, HARKINS, HARRIS, HESS, HORNAMAN, KAVULICH, W. KELLER, METCALFE, MILLARD, MILLER, MOUL, MURT, SCAVELLO, STABACK, STERN, SWANGER AND YOUNGBLOOD, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Titles 42 (Judiciary and Judicial Procedure) and 61 |
2 | (Prisons and Parole) of the Pennsylvania Consolidated |
3 | Statutes, further providing for sentence of total confinement |
4 | and for prerelease plan for inmates. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 9756(b) and (e) of Title 42 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 9756. Sentence of total confinement. |
10 | * * * |
11 | (b) Minimum sentence.-- |
12 | (1) [The] Except as provided in paragraph (1.1), the |
13 | court shall impose a minimum sentence of confinement which |
14 | shall not exceed one-half of the maximum sentence imposed. |
15 | (1.1) For any defendant being sentenced for commission |
16 | of a violent crime, the court shall impose all of the |
17 | following: |
18 | (i) A minimum sentence of confinement which shall |
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1 | not exceed 85% of the maximum sentence imposed. |
2 | (ii) Notwithstanding the provisions of 18 Pa.C.S. |
3 | (relating to crimes and offenses) and this title, a |
4 | consecutive two-year term of probation. |
5 | (2) The minimum sentence imposed under this section may |
6 | not be reduced through parole prior to the expiration of the |
7 | minimum sentence unless otherwise authorized by this section |
8 | or other law. |
9 | (3) Except where the maximum sentence imposed is two |
10 | years or more, and except where a mandatory minimum sentence |
11 | of imprisonment or total confinement is required by law, the |
12 | court shall, at the time of sentencing, state whether or not |
13 | the defendant is eligible to participate in a reentry plan at |
14 | any time prior to the expiration of the minimum sentence or |
15 | at the expiration of a specified portion of the minimum |
16 | sentence. For maximum sentences of less than two years as |
17 | defined under section 9762(f) (relating to sentencing |
18 | proceeding; place of confinement), a court may parole a |
19 | defendant prior to the expiration of the minimum sentence |
20 | only if the defendant was made eligible to participate in a |
21 | reentry plan at the time of sentencing. The court shall |
22 | provide at least ten days' written notice and an opportunity |
23 | to be heard, pursuant to section 9776 (relating to judicial |
24 | power to release inmates), to the prosecuting attorney before |
25 | granting parole pursuant to this subsection. The reentry plan |
26 | eligibility shall be considered a part of the sentence and |
27 | subject to the requirements relating to the entry, recording |
28 | and reporting of sentences. |
29 | * * * |
30 | (e) Definitions.--[As used in this section, the term |
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1 | "reentry plan" is a] The following words and phrases when used |
2 | in this section shall have the meanings given to them in this |
3 | subsection unless the context clearly indicates otherwise: |
4 | "Reentry release." A release plan that may include drug and |
5 | alcohol treatment, behavioral health treatment, job training, |
6 | skills training, education, life skills or any other condition |
7 | deemed relevant by the court. |
8 | "Violent crime." As defined in 61 Pa.C.S. § 3702(e) |
9 | (relating to prerelease plan for inmates). |
10 | Section 2. Section 3702(a) of Title 61 is amended and the |
11 | section is amended by adding a subsection to read: |
12 | § 3702. Prerelease plan for inmates. |
13 | (a) Transfer authorization.-- |
14 | (1) [The] Except as provided in paragraphs (2) and (3), |
15 | the secretary may transfer an inmate incarcerated in any |
16 | prerelease center or in any prerelease center located in any |
17 | State correctional institution who has not been sentenced to |
18 | death or life imprisonment to any prerelease center. |
19 | (2) The transfer of the inmate to the prerelease center |
20 | shall not occur where the transfer is not appropriate due to |
21 | a certified terminal illness. |
22 | (3) No inmate who is serving a period of incarceration |
23 | that includes a sentence imposed for commission of a violent |
24 | crime shall be eligible for prerelease status. This section |
25 | shall not apply to inmates described under this paragraph. |
26 | * * * |
27 | (e) Definition.--As used in this section, the term "violent |
28 | crime" means any of the following offenses: |
29 | (1) 18 Pa.C.S. § 901 (relating to criminal attempt) |
30 | involving an attempt to commit murder or any of the offenses |
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1 | in paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12), |
2 | (13), (14), (15), (16), (17) or (18). |
3 | (2) 18 Pa.C.S. § 902 (relating to criminal solicitation) |
4 | involving a solicitation to commit murder or any of the |
5 | offenses in paragraph (4), (5), (6), (7), (8), (9), (10), |
6 | (11), (12), (13), (14), (15), (16), (17) or (18). |
7 | (3) 18 Pa.C.S. § 903 (relating to criminal conspiracy) |
8 | involving a conspiracy to commit murder or any of the |
9 | offenses in paragraph (4), (5), (6), (7), (8), (9), (10), |
10 | (11), (12), (13), (14), (15), (16), (17) or (18). |
11 | (4) 18 Pa.C.S. § 2502(c) (relating to murder). |
12 | (5) 18 Pa.C.S. § 2503 (relating to voluntary |
13 | manslaughter). |
14 | (6) 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
15 | homicide of law enforcement officer). |
16 | (7) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
17 | aggravated assault). |
18 | (8) 18 Pa.C.S. § 2702.1 (relating to assault of law |
19 | enforcement officer). |
20 | (9) 18 Pa.C.S. § 2901 (relating to kidnapping). |
21 | (10) 18 Pa.C.S. § 3121 (relating to rape). |
22 | (11) 18 Pa.C.S. § 3123 (relating to involuntary deviate |
23 | sexual intercourse). |
24 | (12) 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
25 | (13) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
26 | assault). |
27 | (14) 18 Pa.C.S. § 3301(a) (relating to arson and related |
28 | offenses). |
29 | (15) 18 Pa.C.S. § 3502 (relating to burglary) if at the |
30 | time of the offense the structure entered was adapted for |
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1 | overnight accommodation. |
2 | (16) 18 Pa.C.S. § 3701 (relating to robbery). |
3 | (17) 18 Pa.C.S. § 3702 (relating to robbery of motor |
4 | vehicle). |
5 | (18) 18 Pa.C.S. § 4302 (relating to incest). |
6 | (19) A crime equivalent to an offense in paragraph (1), |
7 | (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), |
8 | (13), (14), (15), (16), (17) or (18) under the laws of this |
9 | Commonwealth in effect at the time of the commission of the |
10 | offense. |
11 | (20) A crime equivalent to an offense in paragraph (1), |
12 | (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), |
13 | (13), (14), (15), (16), (17), (18) or (19) under Federal law |
14 | or in a jurisdiction outside this Commonwealth. |
15 | Section 3. This act shall take effect in 60 days. |
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