PRINTER'S NO. 2086
No. 1708 Session of 1989
INTRODUCED BY HAGARTY, PICCOLA, CALTAGIRONE, MOEHLMANN, BORTNER,
McVERRY, WOGAN, MAIALE, HECKLER, NOYE, VEON, GIGLIOTTI,
MERRY, D. W. SNYDER, GODSHALL, GEIST, JOHNSON, DEMPSEY,
FARGO, REBER, NAHILL, FOX, E. Z. TAYLOR, CORRIGAN, VROON,
SAURMAN, HOWLETT, DeLUCA, PHILLIPS, CIVERA, RAYMOND, BUNT,
BUSH, BATTISTO, LEE AND FLICK, JUNE 19, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 1989
AN ACT
1 Amending the act of July 16, 1968 (P.L.351, No.173), entitled,
2 as amended, "An act authorizing the establishment of prisoner
3 pre-release centers and release plans under the jurisdiction
4 of the Department of Justice and defining its powers and
5 duties," providing for an electronic surveillance program.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of July 16, 1968 (P.L.351,
9 No.173), referred to as the Prisoner Pre-release Plan Law,
10 amended December 27, 1974 (P.L.993, No.325), is amended to read:
11 Section 2. Release Plan for Prison Inmates.--(a) The
12 Commissioner of Correction may transfer any person incarcerated
13 in any pre-release center or in any pre-release center located
14 in any State or Regional Penal or Correctional Institution under
15 the supervision of the Bureau of Correction who has not been
16 sentenced to death or life imprisonment, to any pre-release
17 center under the supervision of the Department of Justice.
1 (b) Any person transferred to and confined in a pre-release
2 center may be released therefrom temporarily with or without
3 direct supervision at the discretion of the Bureau of Correction
4 in accordance with rules and regulations as provided in section
5 3 of this act, for the purposes of gainful employment,
6 vocational or technical training, academic education and such
7 other lawful purposes as the bureau shall consider necessary and
8 appropriate for the furtherance of the inmate's individual pre-
9 release program subject to compliance with subsection (c) of
10 this section.
11 (c) (1) A person who has not served his minimum sentence
12 shall not be transferred to a pre-release center unless (i) more
13 than twenty days have elapsed after written notice of the
14 proposed transfer, describing the person's individual pre-
15 release program, has been received by the sentencing judge or in
16 the event he is unavailable, the sentencing court and the
17 prosecuting district attorney's office and no written objection
18 by the judge containing the reason therefor has been received by
19 the bureau; or (ii) the judge withdraws his objection after
20 consultation with representatives of the bureau; or (iii)
21 approval of the proposed transfer is given by the Board of
22 Pardons.
23 (2) In the event of a timely objection by the judge,
24 representatives of the bureau shall meet with the judge and
25 attempt to resolve the disagreement. If, within twenty days of
26 the bureau's receipt of the objection, the judge does not
27 withdraw his objection, or the bureau does not withdraw its
28 proposal for transfer, or the judge and the bureau do not agree
29 on an alternate proposal for transfer, the matter shall be
30 listed for hearing at the next session of the Board of Pardons
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1 to be held in the hearing district in which the judge is
2 located. During the hearing before the Board of Pardons,
3 representatives of the judge, the bureau, the district attorney
4 of the county where the individual was prosecuted and any victim
5 involved shall have the opportunity to be heard.
6 (3) A person who has served his minimum sentence may be
7 released by the Bureau of Correction only after notice to the
8 judge that the privilege is being granted.
9 (4) Notice of the release of each person shall be given to
10 the State Police, the probation officer and the sheriff or chief
11 of police of the county, and the chief of police of the
12 municipality or township of the locality to which the individual
13 is assigned or of his authorized destination.
14 (5) A person who has been confined in a pre-release center
15 may, if the person has successfully complied with the conditions
16 of confinement at the pre-release center and in the judgment of
17 the Commissioner of Corrections, is suitable for participation
18 in an electronic surveillance program may be placed on
19 electronic surveillance supervision in the community for the
20 final thirty days of the person's minimum sentence. The
21 Department of Corrections shall supervise the person on
22 electronic surveillance and immediately return the person to a
23 State or Regional Panel or Correctional Institution if the
24 person violates the conditions of supervision. Persons sentenced
25 for a conviction of section 13(a)(30) of the act of April 14,
26 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
27 Device and Cosmetic Act," shall not be eligible for electronic
28 surveillance supervision.
29 Section 2. This act shall take effect immediately.
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