SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, BRENNAN, DALLY, W. KELLER, BEYER, BRADFORD, CASORIO, CLYMER, CREIGHTON, DALEY, DAY, EACHUS, J. EVANS, GRELL, GROVE, KULA, MANN, MILNE, MOUL, MURT, PASHINSKI, PICKETT, READSHAW, SANTONI, SIPTROTH, SOLOBAY, STABACK, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, WALKO, GINGRICH, D. COSTA, DENLINGER AND KORTZ, JUNE 3, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 5, 2009   

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law

and Justice) and 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, consolidating the law relating to

constables; in Title 42, further providing for deposits into

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the Judicial System Augmentation Account and providing for

surcharges; in Title 44, repealing obsolete provisions on

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recidivism and revising provisions on second and third class

cities, on boroughs, on townships, on the Constables'

Education and Training Board, on use of firearms, on the

Constables' Education and Training Account and on statutory

authority; making editorial changes; and making related

repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Subchapter C of Chapter 29 of Title 42 of the

Pennsylvania Consolidated Statutes is repealed:

[SUBCHAPTER C

CONSTABLES

2941.  Definitions.

2942.  Conduct and insurance.

2943.  Board established.

2944.  Program established.

2945.  Program contents.

2946.  Continuing education.

2947.  Automatic certification.

2948.  Use of firearms.

2949.  Restricted account.

2950.  Fees.

§ 2941.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Constables' Education and Training Account

established in section 2949 (relating to restricted account).

"Board."  The Constables' Education and Training Board

established in section 2943 (relating to board established).

"Commission."  The Pennsylvania Commission on Crime and

Delinquency of the Commonwealth.

"Court."  The minor judiciary or any other court in this

Commonwealth.

"Judicial duties."  Those services specified in section 2950

(relating to fees).

"Term of office of a deputy constable."  The term of office

of the constable who appointed him.

§ 2942.  Conduct and insurance.

(a)  Certification.--After the establishment, implementation

and administration of the Constables' Education and Training

Program created under sections 2944 (relating to program

established) and 2945 (relating to program contents), no

constable or deputy constable shall perform any judicial duties

nor demand or receive any fee, surcharge or mileage provided by

this subchapter unless he has been certified under this

subchapter.

(b)  Liability insurance.--Every constable and deputy

constable must file with the clerk of courts proof that he has,

currently in force, a policy of professional liability insurance

covering each individual in the performance of his judicial

duties with a minimum coverage of $250,000 per incident and a

minimum aggregate of $500,000 per year. However, no constable or

deputy constable shall be required to file such proof until six

months after the effective date of this act. The Constables'

Education and Training Board shall immediately investigate and

implement the most cost-effective method of achieving liability

insurance for constables and deputy constables under this

subsection.

(c)  Loss of certification.--Any constable or deputy

constable who fails, neglects or refuses to maintain a current

insurance policy as required by subsection (b) or to file proof

thereof with the clerk of courts shall cease automatically to be

certified to perform judicial duties upon the expiration of the

policy of which proof has been filed with the clerk of courts.

(d)  Recertification.--Any constable or deputy constable who

ceases to be certified to perform judicial duties as a result of

the operation of subsection (c) may later be recertified

immediately by filing with the clerk of courts proof that such

insurance has been in force continuously since the officer was

last certified to perform judicial duties. In the case of a

violation of subsection (c), the individual may be recertified

by complying with subsection (b).

(e)  Limitations on liability.--The provisions of this

subchapter shall not be deemed to impose respondeat superior

liability on any county.

(f)  Conduct.--While a constable or deputy constable is

performing duties other than judicial duties, regardless of

whether or not he is certified under this subchapter, he shall

not in any manner hold himself out to be active as an agent,

employee or representative of any court, magisterial district

judge or judge.

§ 2943.  Board established.

(a)  Board created.--There is hereby established within the

commission an advisory board to be known as the Constables'

Education and Training Board.

(b)  Composition.--The board shall be composed of the

Pennsylvania State Police Commissioner or his designee and six

other members appointed by the Governor with the consent of a

majority of the members of the Senate:

(1)  Three persons who shall be constables.

(2)  One person who shall be a magisterial district

judge.

(3)  One person who shall be a court administrator.

(4)  One person who shall be a county commissioner.

(c)  Appointments and terms.--Members shall serve for three-

year terms and may be appointed for more than one additional

consecutive term. If a member who serves by virtue of public

office ceases to represent the class to which he was appointed,

his membership in the commission shall terminate immediately,

and a new member shall be appointed in the same manner as his

predecessor to fill the unexpired portion of the term. No

constable may be appointed, be reappointed or serve as a board

member unless he is certified under this subchapter.

(d)  Vacancy.--A member appointed to fill a vacancy created

by any reason other than expiration of a term shall be appointed

for the unexpired term of the member whom he is to succeed in

the same manner as the original appointment.

(e)  Expenses.--The members of the board shall serve without

compensation but shall be reimbursed the necessary and actual

expenses incurred in attending meetings of the board and in the

performance of their duties under this subchapter.

(f)  Removal.--Members of the board may be removed by the

appointing authority for good cause upon written notice from the

appointing authority specifically setting forth the cause for

removal.

(g)  Chairman elected.--The members of the board shall elect

a chairman from among the members to serve for a period of one

year. A chairman may be elected to serve successive terms. The

Governor shall designate the first chairman for organizational

purposes only.

(h)  Meetings.--The chairman shall summon the members of the

board to the first meeting within 30 days after his appointment

or within 30 days after the appointment of a sufficient number

of members to constitute a quorum, whichever is later. The board

shall meet as often as it deems necessary but at least four

times each year. Meetings may be called by the chairman of the

board or by any four members thereof, in either case upon at

least ten days' written notice to all members of the board. A

quorum shall consist of four members.

§ 2944.  Program established.

The board, with the review and approval of the commission,

shall:

(1)  Establish, implement and administer the Constables'

Education and Training Program according to the minimum

requirements set forth in this subchapter.

(2)  Establish, implement and administer requirements for

the minimum courses of study and training for constables and

deputy constables.

(3)  Establish, implement and administer requirements for

courses of study and in-service training for constables and

deputy constables.

(4)  Establish, implement and administer requirements for

a continuing education program for constables and deputy

constables concerning subjects the board may deem necessary

and appropriate for the continued education and training of

constables and deputy constables.

(5)  Approve or revoke the approval of any school which

may be utilized for the educational and training requirements

of this subchapter.

(6)  Establish the minimum qualifications for instructors

and certify instructors.

(7)  Consult, cooperate and contract with universities,

colleges, law schools, community colleges and institutes for

the development of basic and continuing education courses for

constables and deputy constables.

(8)  Promote the most efficient and economical program

for constable and deputy constable training by utilizing

existing facilities, programs and qualified State and local

personnel.

(9)  Certify constables and deputy constables who have

satisfactorily completed the basic and continuing education

and training requirements of this subchapter and issue

appropriate certificates to them.

(10)  Make rules and regulations and perform other duties

as may be reasonably necessary or appropriate to administer

the education and training program for constables and deputy

constables.

(11)  In consultation with the Insurance Commissioner,

monitor the price and availability of the liability insurance

required by section 2942(b) (relating to conduct and

insurance) and, if deemed necessary by the board, provide

information and coordination to assure the availability and

competitive pricing of such insurance.

(12)  Make an annual report to the Governor and to the

General Assembly concerning:

(i)  The administration of the Constables' Education

and Training Program.

(ii)  The activities of the board.

(iii)  The costs of the program.

(iv)  Proposed changes, if any, in this subchapter.

§ 2945.  Program contents.

The Constables' Education and Training Program shall include

training for a total of 80 hours, the content of which shall be

determined by regulation. The training shall include instruction

in the interpretation and application of the fees provided for

in section 2950 (relating to fees). Any constable or deputy

constable who is in office as of the effective date of this

subchapter shall be afforded one and only one opportunity prior

to the expiration of his current term to satisfactorily complete

this program by examination without the necessity of class

attendance.

§ 2946.  Continuing education.

The board, with the review and approval of the commission,

shall establish a mandatory continuing education program for

constables and deputy constables, which shall include no more

than 40 hours per year, concerning subjects the board may deem

necessary and appropriate for the continued education and

training of constables and deputy constables.

§ 2947.  Automatic certification.

All constables and deputy constables who are in office as of

the effective date of this subchapter shall be deemed to be

certified under and in compliance with sections 2945 (relating

to program contents) and 2946 (relating to continuing education)

for the balance of their current term of office or until the

constables and deputy constables have been provided an

opportunity to complete the education and training in accordance

with section 2945 or 2946, whichever is sooner.

§ 2948.  Use of firearms.

(a)  Standards.--The Constables' Education and Training

Board, with the review and approval of the Pennsylvania

Commission on Crime and Delinquency, shall establish standards

for the certification or qualification of constables and deputy

constables to carry or use firearms in the performance of any

duties.

(b)  Certification and qualification.--Until such time as the

board establishes the standards pursuant to subsection (a), no

constable or deputy constable shall carry or use a firearm in

the performance of any duties unless he is currently certified

or qualified in firearms under at least one of the following:

(1)  The act of June 18, 1974 (P.L.359, No.120), referred

to as the Municipal Police Education and Training Law.

(2)  The act of October 10, 1974 (P.L.705, No.235), known

as the Lethal Weapons Training Act.

(3)  The act of February 9, 1984 (P.L.3, No.2), known as

the Deputy Sheriffs' Education and Training Act.

(c)  Availability.--In accordance with subsection (b), the

firearms portion of the education and training under the listed

laws shall be made available to constables and deputy

constables.

§ 2949.  Restricted account.

(a)  Account established.--There is hereby established a

special restricted account within the General Fund, which shall

be known as the Constables' Education and Training Account, for

the purposes of financing training program expenses, the costs

of administering the program and all other costs associated with

the activities of the board and the implementation of this

subchapter and as provided under subsection (f).

(b)  Surcharge.--There is hereby assessed as a cost in each

case before a magisterial district judge a surcharge of $5 per

docket number in each criminal case and $5 per named defendant

in each civil case in which a constable or deputy constable

performs a service provided in this subchapter, except that no

county shall be required to pay this surcharge on behalf of any

indigent or other defendant in a criminal case.

(c)  Disposition of funds.--The surcharges collected under

subsection (b), if collected by a constable or deputy constable

shall be turned over within one week to the issuing authority.

The issuing authority shall remit the same to the Department of

Revenue for deposit into the account.

(d)  Disbursements.--Disbursements from the account shall be

made by the commission.

(e)  Audit.--The Auditor General shall conduct an audit of

the account as he may deem necessary or advisable from time to

time, but not less than once every three years.

(f)  Fund surplus.--If account moneys are sufficient to meet

the expenses and costs under subsection (a), the commission may

allocate any surplus funds in the account to assist constables

and deputy constables with costs associated with attendance at

continuing education programs under section 2946 (relating to

continuing education).

§ 2950.  Fees.

(a)  Travel or mileage.--Actual mileage for travel by motor

vehicle shall be reimbursed at a rate equal to the highest rate

allowed by the Internal Revenue Service. If travel is by other

than motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(b)  Apportionment.--If more than one defendant is

transported simultaneously, reimbursements shall be for actual

miles traveled, and the travel cost shall be divided between or

among the defendants.

(c)  Additional persons.--A constable or deputy constable

when he is transporting a prisoner, serving a felony or

misdemeanor warrant or serving a warrant on a juvenile or a

defendant of the opposite sex may, at his discretion, be

accompanied by a second constable or deputy constable who is

certified under section 2947 (relating to automatic

certification) to perform judicial duties. In such cases, each

officer shall receive the fee set out in this section. In all

other civil, landlord-tenant and summary criminal cases, the

issuing authority may authorize payment to a second officer.

(d)  Civil and landlord-tenant cases.--In civil and landlord-

tenant cases, constable fees must be paid in advance to the

court for services desired to be performed. These fees shall not

be refundable to the plaintiff if a case is settled or a debt is

satisfied less than 48 hours prior to a scheduled sale or

ejectment, in which latter case the constable or deputy

constable shall be paid for holding the sale or carrying out an

ejectment, respectively.

(e)  Payment.--All civil, landlord-tenant and criminal fees

shall be paid by the court to the constable as soon as possible

and in no case not more than 15 days in civil and landlord-

tenant cases and 30 days in criminal cases after the service is

performed and a proper request for payment is submitted,

provided that, in criminal cases where the books and accounts of

the relevant county offices are payable on a monthly basis,

payment shall be made not more than 15 days after the close of

the month.

(f)  Civil and landlord-tenant cases.--Fees in civil and

landlord-tenant cases shall be as follows:

(1)  For serving complaint, summons or notice on suitor

or tenant, either personally or by leaving a copy, $13, plus

$5 for each additional defendant at the same address, $2.50

for each return of service, plus mileage.

(2)  For levying goods, including schedule of property

levied upon and set aside, notice of levy and return of

service, $75, plus mileage.

(3)  For advertising personal property for public sale,

$7 per posting (maximum of $21), plus mileage, plus actual

cost of advertising.

(4)  For selling goods levied, clerk, receipts and

returns to court, $85, plus mileage.

(5)  For making return of not found, $13, plus mileage.

Payment shall be limited to three returns of not found.

(6)  For executing order of possession, $13, plus $5 for

each additional defendant at the same address, $2.50 for each

return of service, plus mileage.

(7)  For ejectment, $90, $2.50 for each return of

service, plus mileage.

(8)  For making any return of service other than not

found, $2.50 each.

(9)  For providing courtroom security as ordered, $13 per

hour, assessed against one or more parties as determined by

the court.

(10)  Actual mileage for travel by motor vehicle shall be

reimbursed at the rate equal to the highest rate allowed by

the Internal Revenue Service. If travel is by other than

motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(g)  Criminal cases.--Fees in criminal cases shall be as

follows:

(1)  For executing each warrant of arrest, or for

effectuating the payment of fines and costs by attempting to

execute each warrant of arrest, $25 for each docket number

and $2.50 for each return of service, plus mileage.

(2)  For taking custody of a defendant, $5 per defendant.

(3)  For conveyance of defendant to or from court, $5 per

defendant.

(4)  For attendance at arraignment or hearing, $13.

(5)  For executing discharge, $5 per defendant.

(6)  For executing commitment, $5 per defendant.

(7)  For executing release, $5 per defendant.

(8)  For making returns to the court, $2.50.

(9)  Transporting each nonincarcerated defendant to jail,

$17, plus mileage; transporting an incarcerated prisoner, $38

per prisoner, plus an hourly rate of $13 per hour, plus

mileage. Computation of hourly rate will apply after the

expiration of the first hour per prisoner per hour, not to

exceed $26 per hour per constable.

(10)  Receipt of the fees for transporting a

nonincarcerated defendant under paragraph (9) shall not

exclude receipt of the fees under paragraphs (6) and (8) for

that transport.

(11)  Receipt of the fees for transporting an

incarcerated prisoner under paragraph (9) shall exclude

receipt of the fees under paragraphs (2), (3), (4) and (7)

for that transport.

(12)  Actual mileage for travel by motor vehicle shall be

reimbursed at the rate equal to the highest rate allowed by

the Internal Revenue Service. If travel is by other than

motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(13)  For conveying defendants for fingerprinting, $17

per defendant, plus $13 per hour beyond the first hour per

defendant per hour, not to exceed $26 per hour per constable,

plus mileage.

(14)  For holding one or more defendants at the office of

a magisterial district judge, $13 per hour per defendant

beyond the first half hour.

(15)  For courtroom security as ordered, $13 per hour,

assessed against one or more parties as determined by the

court.

(16)  In all criminal cases wherein the defendant is

discharged or indigent or the case is otherwise dismissed,

the court shall assess to the county the fee provided in this

section, except that in cases of private criminal complaints

wherein the defendant is discharged prior to the indictment

or the filing of any information or the case is otherwise

dismissed at the summary offense hearing, the court shall

assess the fee to the affiant.

(h)  Subpoenas.--For serving district court-issued subpoenas

for civil, landlord-tenant or criminal matters, $13 for first

witness, plus $5 for each additional witness at the same

address, $2.50 return of service for each subpoena, plus

mileage. The same fee shall be payable for attempting to serve a

subpoena at a wrong address supplied by the party requesting the

service.

(i)  Similar fees.--For civil, landlord-tenant and criminal

services not specifically provided for, the court shall pay the

same fees as it pays for services that it determines to be

similar to those performed.]

Section 1.1.  Section 3733(a.1)(1)(iii), (iv) and (v) of

<--

Title 42 are amended to read:

§ 3733.  Deposits into account.

* * *

(a.1)  Additional fees.--

(1)  In addition to the court costs and filing fees

authorized to be collected by statute:

* * *

(iii)  An additional fee of $10 shall be charged by

the clerks of courts of all courts of common pleas, or by

any officials designated to perform the functions

thereof, for the initiation of any criminal proceeding

for which a fee, charge or cost is now authorized and a

conviction is obtained or guilty plea is entered. The

additional fee under this subparagraph shall also be

charged and collected when a defendant is granted entry

into Accelerated Rehabilitative Disposition or any other

pretrial diversionary program.

(iv)  An additional fee of $10 shall be charged and

collected by the minor judiciary, including magisterial

district judges, Philadelphia Municipal Court,

Philadelphia Traffic Court and Pittsburgh [Magistrates] 

Municipal Court, for the initiation of a legal proceeding

for which a fee or cost is now authorized, except that in

criminal, summary and traffic matters the fee shall be

charged only when a conviction is obtained or guilty plea

is entered. The additional fee under this subparagraph

shall also be charged and collected when a defendant is

granted entry into Accelerated Rehabilitative Disposition

or any other pretrial diversionary program.

(v)  An additional fee of $10 shall be charged and

collected by the recorders of deeds and clerks of court,

or by any officials designated to perform similar

functions, for each filing of a deed, mortgage or

property transfer for which a fee, charge or cost is now

authorized. The Supreme Court shall designate by

financial regulations which filings meet the criteria of

this subparagraph.

* * *

Section 1.2.  Title 42 is amended by adding a section to

read:

§ 3733.1.  Surcharge.

(a)  Imposition of surcharge.--In addition to each fee

imposed under section 3733(a.1) (relating to deposits into

account), except as set forth in subsection (b), the following

apply:

(1)  A surcharge of $11.25 shall be charged and collected

for a period of 25 months beginning on the effective date of

this section.

(2)  A permanent fee of $2.25 shall be charged and

collected.

(b)  Exceptions.--Subsection (a) does not apply to a

conviction or guilty plea based on the filing of a traffic

citation charging an offense under 75 Pa.C.S. (relating to

vehicles) which is classified as summary under a State statute

or local ordinance as provided in the Pennsylvania Rules of

Criminal Procedure.

(c)  Allocation and appropriation.--

(1)  The surcharge under subsection (a)(1) shall be

allocated as follows:

(i)  One dollar shall be deposited into the Access to

Justice Account.

(ii)  The remainder of money shall be deposited into

a separate reserve account within the Judicial Computer

System Augmentation Account. Notwithstanding section 3732

(relating to utilization of funds in account), money

deposited under this subparagraph is hereby appropriated

to the Supreme Court, upon compliance with Article XV of

the act of April 9, 1929 (P.L.343, No.176), known as The

Fiscal Code, for the operation of the Judicial

Department.

(2)  The fee under subsection (a)(2) shall be deposited

into the Criminal Justice Enhancement Account.

Section 1.3.  Chapter 53 of Title 44 is repealed:

[CHAPTER 53

RECIDIVISM RISK REDUCTION INCENTIVE

Sec.

5301.  Scope of chapter.

5302.  Purpose.

5303.  Definitions.

5304.  Recidivism risk reduction incentive programs.

5305.  Sentencing.

5306.  Recidivism risk reduction incentive minimum.

5307.  Authority of board.

5308.  Written guidelines and regulations.

5309.  Evaluation.

5310.  Reports.

5311.  Construction.

5312.  Applicability.

§ 5301.  Scope of chapter.

This chapter relates to recidivism risk reduction incentive.

§ 5302.  Purpose.

This chapter seeks to create a program that ensures

appropriate punishment for persons who commit crimes, encourages

prisoner participation in evidence-based programs that reduce

the risks of future crime and ensures the openness and

accountability of the criminal justice process while ensuring

fairness to crime victims.

§ 5303.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board."  The Pennsylvania Board of Probation and Parole.

"Commission."  The Pennsylvania Commission on Sentencing.

"Court."  The trial judge exercising sentencing jurisdiction

over an eligible offender under this chapter or the president

judge or the president judge's designee if the original trial

judge is no longer serving as a judge of the sentencing court.

"Defendant."  An individual charged with a criminal offense.

"Department."  The Department of Corrections of the

Commonwealth.

"Eligible offender."  A defendant or prisoner convicted of a

criminal offense who will be committed to the custody of the

department and who meets all of the following eligibility

requirements:

(1)  Does not demonstrate a history of present or past

violent behavior.

(2)  Has not been subject to a sentence the calculation

of which includes an enhancement for the use of a deadly

weapon as defined under law or the sentencing guidelines

promulgated by the Pennsylvania Commission on Sentencing or

the attorney for the Commonwealth has not demonstrated that

the defendant has been found guilty of or was convicted of an

offense involving a deadly weapon or offense under 18 Pa.C.S.

Ch. 61 (relating to firearms and other dangerous articles) or

the equivalent offense under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation.

(3)  Has not been found guilty or previously convicted or

adjudicated delinquent for or an attempt or conspiracy to

commit a personal injury crime as defined under section 103

of the act of November 24, 1998 (P.L.882, No.111), known as

the Crime Victims Act, or an equivalent offense under the

laws of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation.

(4)  Has not been found guilty or previously convicted or

adjudicated delinquent for violating any of the following

provisions or an equivalent offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation:

(i)  18 Pa.C.S. § 4302 (relating to incest).

(ii)  18 Pa.C.S. § 5901 (relating to open lewdness).

(iii)  18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

(iv)  18 Pa.C.S. § 6318 (relating to unlawful contact

with minor).

(v)  18 Pa.C.S. § 6320 (relating to sexual

exploitation of children).

(vi)  18 Pa.C.S. Ch. 76 Subch. C (relating to

Internet child pornography).

(vii)  Received a criminal sentence pursuant to 42

Pa.C.S. § 9712.1 (relating to sentences for certain drug

offenses committed with firearms).

(viii)  Any offense listed under 42 Pa.C.S. § 9795.1 

(relating to registration).

(5)  Is not awaiting trial or sentencing for additional

criminal charges, if a conviction or sentence on the

additional charges would cause the defendant to become

ineligible under this definition.

(6)  Has not been found guilty or previously convicted of

violating section 13(a)(14), (30) or (37) of the act of April

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, where the sentence was imposed

pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii),

(4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking

sentencing and penalties).

"Program plan."  An individualized plan recommended by the

Department of Corrections that contains approved treatment and

other approved programs designed to reduce recidivism risk of a

specific prisoner.

§ 5304.  Recidivism risk reduction incentive programs.

(a)  Authorization.--Subject to the provisions of this

chapter, the department is authorized to create or otherwise

designate treatment or other programs as recidivism risk

reduction incentive programs.

(b)  Intent.--This chapter is intended to encourage eligible

offenders committed to the custody of the department to

participate in and successfully complete evidence-based programs

under this chapter that reduce the likelihood of recidivism and

improve public safety.

(c)  Program requirements.--In accordance with the provisions

of this chapter, the department may designate a treatment

program or other program as a recidivism risk reduction

incentive program if there is appropriate scientific research

that demonstrates that the proposed program would likely reduce

overall recidivism rates or serious crime rates of program

participants. A recidivism risk reduction incentive program

designed to provide treatment in the form of a therapeutic

community for drug abuse or addiction shall meet the

requirements of an institutional therapeutic community as

defined under 42 Pa.C.S. § 9903 (relating to definitions).

(d)  Consultation.--The department shall consult with

appropriate research and technical assistance organizations,

such as the National Institute of Justice, the National

Institute of Corrections and the American Correctional

Association, concerning evidence-based programs that reduce

recidivism risks of prisoners and the scientific research

relating to those programs.

(e)  Program approval process.--

(1)  The department shall publish, in a manner reasonably

calculated to inform, a detailed description of the program,

the types of offenders who will be eligible to participate in

the program, the name and citation of research reports that

demonstrate the effectiveness of the proposed program and the

name and address of a department contact person responsible

for receiving public comments. On the same date as

publication, the department shall also deliver a copy of the

list to the Judiciary Committee of the Senate, the Judiciary

Committee of the House of Representatives, the board, the

commission and the victim advocate.

(2)  Upon consideration of the public comments and the

expiration of at least 60 days from the date of publication

required under paragraph (1), the department may designate

any program published as approved for inclusion in the

recidivism risk reduction incentive program.

§ 5305.  Sentencing.

(a)  Generally.--At the time of sentencing, the court shall

make a determination whether the defendant is an eligible

offender.

(b)  Waiver of eligibility requirements.--The prosecuting

attorney, in the prosecuting attorney's sole discretion, may

advise the court that the Commonwealth has elected to waive the

eligibility requirements of this chapter if the victim has been

given notice of the prosecuting attorney's intent to waive the

eligibility requirements and an opportunity to be heard on the

issue. The court, after considering victim input, may refuse to

accept the prosecuting attorney's waiver of the eligibility

requirements.

(c)  Recidivism risk reduction incentive minimum sentence.--

If the court determines that the defendant is an eligible

offender or the prosecuting attorney has waived the eligibility

requirements under subsection (b), the court shall enter a

sentencing order that does all of the following:

(1)  Imposes the minimum and maximum sentences as

required under 42 Pa.C.S. § 9752 (relating to sentencing

proceeding generally).

(2)  Imposes the recidivism risk reduction incentive

minimum sentence. The recidivism risk reduction incentive

minimum shall be equal to three-fourths of the minimum

sentence imposed when the minimum sentence is three years or

less. The recidivism risk reduction incentive minimum shall

be equal to five-sixths of the minimum sentence if the

minimum sentence is greater than three years. For purposes of

these calculations, partial days shall be rounded to the

nearest whole day. In determining the recidivism risk

reduction incentive minimum sentence, the aggregation

provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive

sentences of total confinement for multiple offenses) and

9762(d) (relating to sentencing proceeding; place of

confinement) shall apply.

(3)  Notwithstanding paragraph (2), if the defendant was

previously sentenced to two or more recidivism risk reduction

incentive minimum sentences, the court shall have the

discretion, with the approval of the prosecuting attorney, to

impose the recidivism risk reduction incentive minimum

sentence as provided for in paragraph (2).

(4)  Complies with all other applicable sentencing

provisions, including provisions relating to victim

notification and the opportunity to be heard.

§ 5306.  Recidivism risk reduction incentive minimum.

(a)  Generally.--The board or its designee shall issue a

decision to parole, without further review by the board, a

prisoner who has been sentenced to a recidivism risk reduction

incentive minimum sentence at the expiration of that recidivism

risk reduction incentive minimum sentence upon a determination

that all of the following apply:

(1)  The department certified that it has conducted an

appropriate assessment of the treatment needs and risks of

the prisoner using nationally recognized assessment tools

that have been normed and validated.

(2)  The department has certified that it developed a

program plan based on the assessment conducted under

paragraph (1) that is designed to reduce the risk of

recidivism through the use of recidivism risk reduction

incentive programs authorized and approved under this chapter

that are appropriate for that particular prisoner.

(3)  The department advised the prisoner that the

prisoner is required to successfully complete the program

plan.

(4)  The prisoner has successfully completed all required

recidivism risk reduction incentive programs or other

programs designated in the program plan.

(5)  The prisoner has maintained a good conduct record

following the imposition of the recidivism risk reduction

incentive minimum sentence.

(6)  The reentry plan for the prisoner is adequate.

(7)  Individual conditions and requirements for parole

have been established.

(8)  Notice and opportunity to be heard was provided by

the board to the sentencing court and the prosecuting

attorney in a manner consistent with section 21(b.2) of the

act of August 6, 1941 (P.L.861, No.323), referred to as the

Pennsylvania Board of Probation and Parole Law.

(9)  The department has certified that the prisoner

continues to be an eligible offender. In the event that a

recidivism risk reduction minimum sentence was imposed under

section 5305(b) (relating to sentencing), the department

certifies that it has not received additional information

demonstrating a history of past or present violent behavior

which was not available at the time of sentencing and the

prosecuting attorney was unaware of that information at the

time of sentencing.

(10)  There is no reasonable indication that the prisoner

poses a risk to public safety.

(b)  Funding.--The department shall make all reasonable

efforts to seek appropriate funding and resources in order to

implement the recidivism risk reduction program.

(c)  Program content.--Nothing in this section shall do any

of the following:

(1)  Require the department to include recidivism risk

reduction programs in an individual program plan where the

risk assessment indicates that such a program is unlikely to

reduce recidivism for that particular prisoner.

(2)  Prohibit the department from including appropriate

community works or public service projects as part of the

program plan.

(3)  Prohibit the department from making modifications to

the program plan at any time in order to ensure appropriate

treatment and recidivism risk reduction incentive program

placement.

(d)  Adjudication.--Nothing in this section shall be

interpreted as granting a right to be paroled to any person, and

any decision by the board and its designees or the department,

under this section, shall not be considered an adjudication

under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and

procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating

to judicial review of Commonwealth agency action).

§ 5307.  Authority of board.

If a prisoner has been sentenced by a court to a recidivism

risk reduction incentive minimum sentence and the prisoner is

not paroled under this chapter, the board shall have exclusive

authority to grant parole. Except as otherwise provided under

this chapter, the board shall retain its power and authority to

parole, commit and reparole prisoners committed to the

department.

§ 5308.  Written guidelines and regulations.

The department, upon consultation with the board, shall

develop written interim guidelines to assist in the

implementation of the provisions of this chapter. The interim

guidelines shall not be subject to the requirements of the act

of June 25, 1982 (P.L.633, No.181), known as the Regulatory

Review Act, and shall be effective for a period of two years

after publication in the Pennsylvania Bulletin. The interim

guidelines shall be replaced by regulations promulgated by the

department consistent with the Regulatory Review Act on or

before the date of expiration of the interim guidelines.

§ 5309.  Evaluation.

The department, the board and the commission shall monitor

and evaluate the recidivism risk reduction incentive programs.

Evaluations under this section should be scientifically rigorous

and seek to determine the effectiveness of the programs,

including whether specific recidivism risk reduction incentive

programs have reduced the recidivism rates of the program

participants as compared to previously incarcerated and

similarly situated prisoners. The department, the board and the

commission shall make evaluations conducted under this section

and underlying data available to the public. The publicly

available data and evaluations shall comply with generally

accepted practices of the research community, including

expectations relating to subject privacy and identifying

information.

§ 5310.  Reports.

(a)  Recidivism risk reduction.--The department, the board

and the commission shall monitor and evaluate the recidivism

risk reduction incentive programs to ensure that the goals and

objectives of this chapter are met. Reports to the General

Assembly shall be as follows:

(1)  In odd-numbered years, the department shall present

a report of its evaluation to the Judiciary Committee of the

Senate and the Judiciary Committee of the House of

Representatives no later than February 1. The report shall

include all of the following:

(i)  The number of offenders determined by the

department to be eligible offenders under this chapter

and the offenses for which the offenders were committed

to the custody of the department.

(ii)  The number of prisoners committed to the

custody of the department who were subject to a

recidivism risk reduction incentive minimum sentence.

(iii)  The number of prisoners paroled at the

recidivism risk reduction incentive minimum date.

(iv)  Any potential changes that would make the

program more effective.

(v)  The six-month, one-year, three-year and five-

year recidivism rates for prisoners released at the

recidivism risk reduction incentive minimum sentence.

(vi)  Any other information the department deems

relevant.

(2)  In even-numbered years, the commission shall present

a report of its evaluation to the Judiciary Committee of the

Senate and the Judiciary Committee of the House of

Representatives no later than February 1. The report shall

include all of the following:

(i)  Whether the goals of this chapter could be

achieved through amendments to parole or sentencing

guidelines.

(ii)  The various options for parole or sentencing

guidelines under subparagraph (i).

(iii)  The status of any proposed or implemented

guidelines designed to implement the provisions of this

chapter.

(iv)  Any potential changes to the program that would

be likely to reduce the risk of recidivism of prisoners

and improve public safety.

(v)  Any other information the commission deems

relevant.

(b)  Educational plan.--The Pennsylvania Commission on Crime

and Delinquency shall publish a report of a proposed educational

program plan within one year of the effective date of this

section. The proposed educational program plan shall be

developed in consultation with the department, commission,

board, the Pennsylvania District Attorneys Association, the

victim advocate and representatives of the judiciary and the

criminal defense bar and other criminal justice stakeholders.

The plan shall seek to provide cost-effective training or

information through electronic means, publications or continuing

educational programs that address the following topics:

(1)  The treatment programs available through the board

and the department.

(2)  The availability of programs and eligibility

requirements that can reduce recidivism risk, including State

intermediate punishment, the motivational boot camp and

recidivism risk reduction incentives programs.

(3)  The calculation of sentencing credit and practices

that could inadvertently prevent an inmate from receiving

sentence credit.

(4)  Recent statutory changes relating to sentencing,

place of confinement, medical releases, transfer of inmates

and parole.

§ 5311.  Construction.

Notwithstanding any other provision of law, this chapter

shall not be construed to do any of the following:

(1)  Confer any legal right upon any individual,

including an individual participating in or seeking to

participate in a recidivism risk reduction incentive program,

to do any of the following:

(i)  Participate in a recidivism risk reduction

incentive program.

(ii)  Continue participation in a recidivism risk

reduction incentive program.

(iii)  Modify the contents of the recidivism risk

reduction incentive program.

(iv)  File any cause of action in any Federal or

State court challenging the department's determination

that a participant be suspended or expelled from or that

a participant has successfully completed or failed to

successfully complete any recidivism risk reduction

incentive program.

(2)  Confer any legal right on any individual to be

released on parole under this act.

(3)  Enlarge or limit the right of a participant to

appeal the participant's sentence.

§ 5312.  Applicability.

This chapter shall apply to persons incarcerated under the

supervision of the department.]

Section 2.  Title 44 is amended by adding a part to read:

PART IV

OTHER OFFICERS

Chapter

71.  Constables

CHAPTER 71

CONSTABLES

Subchapter

A.  Preliminary Provisions

B.  Election

C.  Appointment

D.  Conflicts

E.  Training

F.  Powers and Duties

G.  Compensation

H.  Penalties and Remedies

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7101.  Scope.

7102.  Definitions.

7103.  Cities of the first class.

§ 7101.  Scope.

This chapter relates to constables.

§ 7102.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Livestock."  Cattle, horses, sheep, goats and swine of every

age and sex.

§ 7103.  Cities of the first class.

As of February 10, 1970, the office of constable is abolished

in cities of the first class and the terms of office of

incumbents are terminated.

SUBCHAPTER B

ELECTION

Sec.

7111.  Term of office.

7112.  Cities of the second and third classes.

7113.  Boroughs.

7114.  Townships.

§ 7111.  Term of office.

The term of a constable in a city of the second class, city

of the second class A, city of the third class, borough,

incorporated town or township is six years.

§ 7112.  Cities of the second and third classes.

The qualified voters of each ward in a city of the second or

third class shall elect a properly qualified person for

constable in each ward.

§ 7113.  Boroughs.

(a)  General rule.--Except as provided in subsection (b), the

qualified voters of every borough shall vote for and elect a

properly qualified person for constable.

(b)  Boroughs divided into wards.--The qualified voters of

every borough divided into wards shall vote for and elect a

properly qualified person for constable in each ward and a

properly constable for high constable in the borough.

§ 7114.  Townships.

(a)  Election.--The following shall apply:

(1)  The qualified voters of every township shall vote

for and elect a properly qualified person for constable.

(2)   The qualified electors of each township of the

first class may vote for and elect a properly qualified

person to serve as constable, in addition to the constable

elected under paragraph (1).

(b)  Procedure upon election; penalty.--Every person elected

to the office of constable in a township shall appear in court

on the first day of the next court of common pleas of the same

county to accept or decline the office. A person who neglects or

refuses to appear, after having been duly notified of the

election, shall forfeit to the township the sum of $40 to be

levied by order of the court.

(c)  Bond.--The bond given by a constable in a township shall

be in a sum not less than $500 nor more than $3,000, as the

court shall direct, and shall be taken by the clerk of the court

in the name of the Commonwealth, with conditions for just and

faithful discharge by the constable of the duties of office. The

bond shall be held in trust for the use and benefit of persons

who may sustain injury by reason of neglect of duty, and for the

same purposes and uses as a sheriff's bond.

SUBCHAPTER C

APPOINTMENT

§ 7121.  Constables.

When a vacancy occurs in the office of constable, regardless

of the reason for the vacancy, the court of common pleas of the

county of the vacancy, upon petition of not less than ten

qualified electors residing in the borough, city, ward or

township of the vacancy, shall appoint a suitable person, who,

upon being qualified as required by law, shall serve as the

constable for the unexpired term of the vacancy.

§ 7122.  Deputy constables.

(a)  General rule.--Sole power to appoint deputy constables

in a ward, borough or township is vested in the constable of the

ward, borough or township, subject to approval of the court of

common pleas under subsection (b). No person shall be appointed

as a deputy constable unless, at the time of appointment, he is

a bona fide resident of the ward, borough or township for which

he is appointed and he continues to be a bona fide resident for

the duration of the appointment.

(b)  Court approval and qualifications.--

(1)  Except as set forth in paragraph (2), no deputy

shall be appointed, either by general or partial

deputization, without approbation of the court of common

pleas of the county, except for special appointments in a

civil suit or proceeding, at the request and risk of the

plaintiff or his agent. If a deputy no longer resides in, or

ceases to be a qualified elector of, the ward in which he was

appointed to serve, the court of common pleas may revoke the

appointment of the deputy upon petition of five duly

qualified electors of the ward and proof of facts requiring

revocation.

(2)  In the event of a deputy's death or inability or

refusal to act, the constable of a township may, with

approbation of the court of common pleas of the county where

the deputy served, appoint another deputy who shall have full

authority to act until the next regular session of court. The

constable and his surety shall be liable for acts of the

deputy as in other cases. The constable shall file a written

copy of the deputization in the office of the clerk of courts 

of the county where the constable serves.

(c)  Certain provisions relating to boroughs unaffected.--

This section does not affect the provisions of section 14 of the

act of June 28, 1923 (P.L.903, No.348), entitled "A supplement

to an act, approved the fourteenth day of May, one thousand nine

hundred and fifteen (Pamphlet Laws, three hundred and twelve),

entitled 'An act providing a system for government of boroughs,

and revising, amending, and consolidating the law relating to

boroughs'; so as to provide a system of government where a

borough now has annexed or hereafter shall annex land in an

adjoining county, including assessment of property, levying and

collection of taxes, making municipal improvements, and filing

and collecting of liens for the same; the jurisdiction of courts

for the enforcement of borough ordinances and State laws, and

primary, general, municipal, and special elections; and

repealing inconsistent laws."

SUBCHAPTER D

CONFLICTS

§ 7131.  Public office.

(a)  General rule.--Except as set forth in subsection (b), it

shall be unlawful for a constable to hold or exercise the office

of magisterial district judge or alderman.

(b)  Exceptions.--Nothing in this section or in any other law

or court rule shall be construed to prohibit a constable from:

(1)  being an officer of a political body or political

party as those terms are defined in the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code;

(2)  holding the office of a national, State or county

committee of a political party;

(3)  running for and holding an elective office; or

(4)  participating in election day activities.

§ 7132.  Police officers.

(a)  Constable employed as policeman not to accept other fees

in addition to salary.--Except for public rewards and legal

mileage allowed to a constable for traveling expenses, and

except as provided in subsection (b), it is unlawful for a

constable who is also employed as a policeman to charge or

accept a fee or other compensation, other than his salary as a

policeman, for services rendered or performed pertaining to his

office or duties as a policeman or constable.

(b)  Exception.--Unless prevented from doing so by the

operation of the civil service provisions of the act of February

1, 1966 (1965 P.L.1656, No.581), known as The Borough Code,

borough policemen who reside in the borough may hold and

exercise the office of constable in the borough, or in any ward

thereof, and receive all costs, fees and emoluments pertaining

to such office.

SUBCHAPTER E

TRAINING

Sec.

7141.  Definitions.

7142.  Conduct and insurance.

7143.  Board established.

7144.  Program established.

7145.  Program contents.

7146.  Continuing education.

7147.  (Reserved).

7148.  Use of firearms.

7149.  restricted account.

§ 7141.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Constables' Education and Training Account

established in section 7149 (relating to restricted account).

"Board."  The Constables' Education and Training Board

established in section 7143 (relating to board established).

"Commission."  The Pennsylvania Commission on Crime and

Delinquency of the Commonwealth.

"Court."  The minor judiciary or any other court in this

Commonwealth.

"Judicial duties."  Those services specified in section 7161

(relating to fees).

"Term of office of a deputy constable."  The term of office

of the constable who appointed him.

§ 7142.  Conduct and insurance.

(a)  Certification.--After the establishment, implementation

and administration of the Constables' Education and Training

Program created under sections 7144 (relating to program

established) and 7145 (relating to program contents), no

constable or deputy constable shall perform any judicial duties

nor demand or receive any fee, surcharge or mileage provided by

this subchapter unless he has been certified under this

subchapter.

(b)  Liability insurance.--Every constable and deputy

constable must file with the clerk of courts proof that he has,

currently in force, a policy of professional liability insurance

covering each individual in the performance of his judicial

duties with a minimum coverage of $250,000 per incident and a

minimum aggregate of $500,000 per year. The Constables'

Education and Training Board shall immediately investigate and

implement the most cost-effective method of achieving liability

insurance for constables and deputy constables under this

subsection.

(c)  Loss of certification.--Any constable or deputy

constable who fails, neglects or refuses to maintain a current

insurance policy as required by subsection (b) or to file proof

thereof with the clerk of courts shall cease automatically to be

certified to perform judicial duties upon the expiration of the

policy of which proof has been filed with the clerk of courts.

(d)  Recertification.--Any constable or deputy constable who

ceases to be certified to perform judicial duties as a result of

the operation of subsection (c) may later be recertified

immediately by filing with the clerk of courts proof that such

insurance has been in force continuously since the officer was

last certified to perform judicial duties. In the case of a

violation of subsection (c), the individual may be recertified

by complying with subsection (b).

(e)  Limitations on liability.--The provisions of this

subchapter shall not be deemed to impose respondeat superior

liability on any county.

(f)  Conduct.--While a constable or deputy constable is

performing duties other than judicial duties, regardless of

whether or not he is certified under this subchapter, he shall

not in any manner hold himself out to be active as an agent,

employee or representative of any court, magisterial district

judge or judge.