PRINTER'S NO. 3253

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2353 Session of 1986


        INTRODUCED BY SAURMAN, SEVENTY, FOX, BUNT, NAHILL, GEIST, FARGO,
           TRELLO, JOHNSON, WOGAN, J. TAYLOR, FATTAH, DAWIDA, CARN AND
           BIRMELIN, APRIL 14, 1986

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 1986

                                     AN ACT

     1  Providing for a pilot program for counties for the purchase and
     2     use of electronic monitoring devices for certain offenders;
     3     providing further duties of the Pennsylvania Commission on
     4     Crime and Delinquency; and making an appropriation.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Definitions.
     8     The following words and phrases when used in this act shall
     9  have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     "Commission."  The Pennsylvania Commission on Crime and
    12  Delinquency.
    13  Section 2.  Program.
    14     (a)  Duty of commission.--The Pennsylvania Commission on
    15  Crime and Delinquency shall develop and administer a pilot
    16  program for counties for the purchase of electronic monitoring
    17  devices. These devices shall be used for the surveillance of
    18  offenders who are placed on probation in lieu of incarceration.


     1     (b)  Participation.--The commission shall solicit and receive
     2  applications from two or more counties for participation in the
     3  program.
     4     (c)  Requirements of commission.--The application shall
     5  contain an assurance that the applicant will comply with any
     6  reasonable requirements that the commission may adopt.
     7     (d)  Elements of plan.--The application shall include a plan
     8  containing the following elements:
     9         (1)  A specific identification of the type of offenders
    10     targeted for participation in the program.
    11         (2)  An assurance that participation by the offenders is
    12     on a voluntary basis.
    13         (3)  Adequate certification that the plan has been
    14     reviewed by and has received the approval of the president
    15     judge of the court of common pleas, the chief probation
    16     officer, the district attorney and the chairman of the county
    17     commissioners.
    18     (e)  Review of application by Pennsylvania Board of Probation
    19  and Parole.--The commission shall not approve an application
    20  unless the application has been reviewed by the Pennsylvania
    21  Board of Probation and Parole and the board certifies that the
    22  plan meets the board's county adult probation standards.
    23  Section 3.  Rules and regulations.
    24     The commission may, in the manner provided by law, promulgate
    25  the rules and regulations necessary to carry out this act.
    26  Section 4.  Allocation of funds.
    27     Participating counties shall provide 25% and the Commonwealth
    28  shall provide 75% of the funds necessary for the program. The
    29  funds shall be used for the purchase of the electronic monitor
    30  devices and any related equipment expenses and for the salaries
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     1  of any employees assigned responsibility for the program on a
     2  full-time basis. The commission's administrative costs should
     3  not exceed 10% of the total amount appropriated.
     4  Section 5.  Appropriation.
     5     The sum of $150,000, or as much thereof as may be necessary,
     6  is hereby appropriated to the Pennsylvania Commission on Crime
     7  and Delinquency for the fiscal year July 1, 1986, to June 30,
     8  1987, to carry out this act.
     9  Section 6.  Effective date.
    10     This act shall take effect immediately.














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