HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL, LEACH, STOUT AND SMUCKER, DECEMBER 14, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2010   

AN ACT

Amending Title 61 (Penal and Correctional Institutions) Titles

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42 (Judiciary and Judicial Procedure) and 61 (Prisons and

Parole) of the Pennsylvania Consolidated Statutes, in inmate

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prerelease plans, providing for inmates serving short minimum

sentences; and, in probation and parole, providing for

release to group-based home providers; and further providing

for parole power further providing for adoption of guidelines

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for sentencing; providing for adoption of risk assessment

instrument; in general administration, providing for powers

and duties of department; in county jail oversight board in

counties of the second class and second class A, further

providing for scope of subchapter, for definitions and for

county jail oversight board; in inmate labor, adding

provisions relating to State correctional institutions and

the Prison Labor Commission; in inmate prerelease plans,

providing for inmates serving short minimum sentences; in

motivational boot camp, providing for evaluation; in State

intermediate punishment, further providing for evaluation and

for reports; in probation and parole, providing for release

to group-based home providers; further providing for parole

power; in interstate compacts, further providing for powers

of Attorney General; providing for Interstate Compact for the

Supervision of Adult Offenders fee; providing for

confidentiality of victim information; further providing for

board actions, for general powers of the board, for parole

power, for violation of terms of parole, for victim

statements, testimony and participation in hearing and for

supervisory relationship to offenders; transferring sums to

the Pennsylvania Commission on Sentencing; providing for

adult supervision fee; and making editorial changes and a

related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 61 of the Pennsylvania Consolidated

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Statutes is amended by adding  sections to read:

§ 3705.  Inmates serving short minimum sentences.

Subject to the provisions of this chapter on procedures for

prerelease, if an inmate is within 18 months of completing his

minimum sentence when the inmate is committed to the supervision

of the department and the inmate has no outstanding detainers,

the inmate may be transferred to and confined in a prerelease

center regardless of the length of time that the inmate has been

under the supervision of the department. While confined in the

prerelease center, the inmate may complete any prescribed

programming consistent with the inmate's prerelease plan.

§ 6124.  Release to group-based home providers.

(a)  Public hearing required.--

(1)  Upon release of an individual convicted of an

offense under 18 Pa.C.S. § 2502 (relating to murder) to a

group-based home provider, the board or, in the case where

the individual is not subject to the jurisdiction of the

board, a court of appropriate jurisdiction, shall conduct a

public hearing within 20 miles of the location of the group-

based home provider.

(2)  At the public hearing the group-based home provider

shall explain the operation of the group-based home provider

and the board or court, as applicable, shall permit public

comments relating to the site and operation of the group-

based home provider.

(b)  Public notice.--

(1)  The board or court, as applicable, shall provide

notice of the public hearing in a newspaper of general

circulation on at least two different dates prior to the

hearing. Each notice shall provide information regarding

topic, location and time of the public hearing and a contact

number for interested persons to call for additional

information.

(2)  The board or court, as applicable, shall send a copy

of the notice of the public hearing to the governing body of

the municipality where the group-based home provider is

located.

(c)  Definition.--As used in this section, the term "group-

based home provider" means a private residential facility that

houses inmates with prerelease status or individuals who are on

probation or parole.

Section 2.  Section 6137(a) of Title 61 is amended by adding

a paragraph to read:

§ 6137.  Parole power.

(a)  General criteria for parole.--

* * *

(3.1)  (i)  If an inmate's minimum term of imprisonment

is expiring and the primary reason for not paroling the

inmate is the inmate's inability to access and complete

prescribed programming within the correctional

institution, the board may release the inmate on parole

with the condition that the inmate complete the

prescribed programming while on parole.

(ii)  This paragraph shall not apply to offenders who

are serving a term of imprisonment for a crime of

violence as defined in 42 Pa.C.S. § 9714 (relating to

sentences for second and subsequent offenses) or for a

crime requiring registration under 42 Pa.C.S. § 9795.1

(relating to registration).

* * *

Section 3.  This act shall take effect in 60 days.

Section 1.  Sections 2154 and 2154.2 of Title 42 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 2154.  Adoption of guidelines for sentencing.

(a)  General rule.--The commission shall adopt guidelines for

sentencing within the limits established by law which shall be

considered by the sentencing court in determining the

appropriate sentence for defendants who plead guilty or nolo

contendere to, or who were found guilty of, felonies and

misdemeanors. In adopting guidelines, the commission shall

recommend confinement that is consistent with the protection of

the public, the gravity of the offense as it relates to the

impact on the life of the victim and the community and the

rehabilitative needs of the offender. The guidelines shall

address the following:

(1)  [Specify] Seriousness of the offense, by specifying 

the range of sentences applicable to crimes of a given degree

of gravity, including incapacitation of serious violent

offenders.

(2)  [Specify] Criminal history, by specifying a range of

sentences of increased severity for [defendants] offenders 

previously convicted of or adjudicated delinquent for one or

more misdemeanor or felony offenses committed prior to the

current offense. [For purposes of this section "previously

convicted or adjudicated delinquent" shall include any

finding of guilt or adjudication of delinquency whether or

not sentence has been imposed or disposition ordered prior to

the commission of the current offense.]

(3)  [Specify] Criminal behavior, by specifying a range

of sentences of increased severity for [defendants] offenders

who pose a substantial risk to public safety, including those 

who possessed or used a deadly weapon during the commission

of the current conviction offense.

(4)  [Prescribe] Aggravated and mitigated ranges, by

specifying variations from the range of sentences applicable

on account of aggravating or mitigating circumstances.

(5)  [Consider the] The impact of any amendments to

section 9756 (relating to sentence of total confinement).

(b)  [Definition.--As used in this section the term

"possessed" means on the defendant's person or within his

immediate physical control.] Definitions.--As used in this

section, the following words and phrases shall have the meanings

given to them in this subsection unless the context clearly

indicates otherwise:

"Possessed."  On a defendant's person or within the

defendant's immediate physical control.

"Previously convicted of or adjudicated delinquent."  Any

finding of guilt or adjudication of delinquency, whether or not

sentence has been imposed or disposition ordered prior to the

commission of the current offense.

§ 2154.2.  Adoption of guidelines for State intermediate

punishment.

The commission shall adopt guidelines to identify offenders

who would be appropriate for participation in State intermediate

punishment programs. These guidelines shall be considered by the

attorney for the Commonwealth and the sentencing court in

determining whether to commit a defendant for evaluation and

whether to sentence an eligible offender pursuant to [Chapter

99] 61 Pa.C.S. Ch. 41 (relating to State intermediate

punishment). The guidelines shall:

(1)  Use the description of "eligible offender" provided

in [Chapter 99] 61 Pa.C.S. Ch. 41.

(2)  Give primary consideration to protection of the

public safety.

Section 2.  Title 42 is amended by adding a section to read:

§ 2154.7.  Adoption of risk assessment instrument.

(a)  General rule.--The commission shall adopt a sentence

risk assessment instrument for the sentencing court to use to

help determine the appropriate sentence within the limits

established by law for defendants who plead guilty or nolo

contendere to, or who were found guilty of, felonies and

misdemeanors. The risk assessment instrument may be used as an

aide in evaluating the relative risk that an offender will

reoffend and be a threat to public safety.

(b)  Sentencing guidelines.--The risk assessment instrument

may be incorporated into the sentencing guidelines under section

2154 (relating to adoption of guidelines for sentencing).

(c)  Presentence investigation report.--Subject to the

provisions of the Pennsylvania Rules of Criminal Procedure, the

sentencing court may use the risk assessment instrument to

determine whether a more thorough assessment is necessary and to

order a presentence investigation report.

(d)  Alternative sentencing.--Subject to the eligibility

requirements of each program, the risk assessment instrument may

be an aide to help determine appropriate candidates for

alternative sentencing, including the recidivism risk reduction

incentive, State and county intermediate punishment programs and

State motivational boot camps.

(e)  Definition.--As used in this section, the term "risk

assessment instrument" means an empirically based worksheet

which uses factors that are relevant in predicting recidivism.

Section 3.  Sections 9721(a.1) and 9774(a) of Title 42 are

amended to read:

§ 9721.  Sentencing generally.

* * *

(a.1)  Exception.--

(1)  Unless specifically authorized under section 9763

(relating to a sentence of county intermediate punishment) or

[Chapter 99] 61 Pa.C.S. Ch. 41 (relating to State

intermediate punishment), subsection (a) shall not apply

where a mandatory minimum sentence is otherwise provided by

law.

(2)  An eligible offender may be sentenced to State

intermediate punishment pursuant to subsection (a)(7) and as

described in [Chapter 99] 61 Pa.C.S. Ch. 41, even if a

mandatory minimum sentence would otherwise be provided by

law.

* * *

§ 9774.  Revocation of State intermediate punishment sentence.

(a)  General rule.--The court may at any time terminate a

sentence of State intermediate punishment pursuant to [Chapter

99] 61 Pa.C.S. Ch. 41 (relating to State intermediate

punishment).

* * *

Section 3.1.  Title 61 is amended by adding a section to

read:

§ 1105.  Powers and duties of department.

(a)  General rule.--The department shall have the power and

its duty shall be:

(1)  To establish standards for county correctional

institutions, including, but not limited to, standards for

physical facilities and standards for correctional programs

of treatment, education and rehabilitation of inmates.

(2)  To inspect county correctional institutions and to

classify them in accordance with standards adopted under

paragraph (1) as eligible to receive inmates sentenced to

maximum terms of six months or more but less than five years.

(b)  Rules and regulations.--The department may prescribe,

adopt, promulgate and enforce rules and regulations in order to

administer the provisions of this section.

Section 3.2.  Subchapter B heading of Chapter 17 and sections

1721 and 1722 of Title 61 are amended to read:

SUBCHAPTER B

COUNTY JAIL OVERSIGHT [BOARD IN

COUNTIES OF THE SECOND CLASS

AND SECOND CLASS A] BOARDS

§ 1721.  Scope of subchapter.

This subchapter relates to county jail oversight boards [in

counties of the second class and counties of the second class

A].

§ 1722.  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:

"Board."  The county jail oversight board of a county.

"County."  A county of the second class or a county [of the

second class A] that has elected to be governed by the

provisions of this subchapter under section 1723(d) (relating to

county jail oversight board).

Section 3.3.  Section 1723 of Title 61 is amended by adding a

subsection to read:

§ 1723.  County jail oversight board.

* * *

(d)  Counties that may elect to be subject to subchapter.--

Any county that has adopted a home rule charter may elect by

resolution of the governing body of the county to be governed by

the provisions of this subchapter.

Section 3.4.  Subchapter C heading of Chapter 17 of Title 61

is amended to read:

SUBCHAPTER C

[OTHER COUNTIES] BOARD OF INSPECTORS

Section 3.5.  Chapter 31 of Title 61 is amended by adding a

subchapter heading to read:

SUBCHAPTER A

COUNTY CORRECTIONAL INSTITUTIONS

Section 3.6.  Section 3102 of Title 61 is amended to read:

§ 3102.  Disposition of proceeds of labor.

All moneys received under the provisions of this [chapter]

subchapter for labor done within county correctional

institutions or the products of such labor sold shall be

credited on account of the receipts and expenditures paid to and

for the maintenance of the respective correctional institutions.

Section 3.7.  Chapter 31 of Title 61 is amended by adding a

subchapter to read:

SUBCHAPTER B

STATE CORRECTIONAL INSTITUTIONS

Sec.

3121.  Inmates to be employed.

3122.  Manufacturing Fund.

3123.  Deposit of sales receipts.

3124.  Inmates accounts.

3125.  Remainder of inmate accounts.

3126.  Inmate-made goods to be branded.

3127.  Sale of inmate-made goods.

§ 3121.  Inmates to be employed.

The Chief Administrators at any correctional institution

established by the Commonwealth may employ inmates under their

control for and on behalf of the Commonwealth, any county, city,

borough or township or for any public institution owned, managed

and controlled by the Commonwealth.

§ 3122.  Manufacturing Fund.

For the purchase of material, equipment and machinery to be

used in the designated State correctional institutions, special

appropriations shall be made, from time to time, to the

Manufacturing Fund.

§ 3123.  Deposit of sales receipts.

(a)  General rule.--The receipts from the sales of

manufactured articles, sold as authorized in this subchapter,

shall be deposited into the Manufacturing Fund and used for the

purchase of further material, equipment, machinery, supplies,

staff compensation and inmate pay.

(b)  Monthly reporting.--The department shall make a full

monthly report of the products, sales, receipts and

disbursements of the industries authorized under this subchapter

to the Auditor General.

§ 3124.  Inmates accounts.

(a)  Duty to maintain.--The department shall maintain an

account of the labor performed by all inmates under sentence in

the institution.

(b)  Contents of accounts.--In the account, the department

shall credit the inmate with:

(1)  wages for the time the inmate is actually engaged in

work;

(2)  the rate of the wage; and

(3)  the amount credited to each inmate

to be regulated at the discretion of the commission or such

persons as the commission may designate.

§ 3125.  Remainder of inmate accounts.

(a)  Payment on discharge.--All sums credited to an inmate

shall be for the benefit of the inmate and paid to the inmate on

the inmate's discharge. 

(b)  Use for present needs.--An inmate who has sums to the

inmate's credit may, subject to the rules and regulations of the

department, draw upon the balance of the wages for present

needs.

§ 3126.  Inmate-made goods to be branded.

(a)  General rule.--All goods, wares, merchandise or other

article or thing made by inmate labor in any correctional

institution or other establishment in which inmate labor is

employed, whether for the direct benefit and maintenance of the

correctional institution or other establishment or upon contract

by the authorities of the same with any third person,

immediately upon the completion of the same, shall be branded as

provided in this section and may not be taken into or exposed in

any place for sale at wholesale or retail without that brand.

(b)  Style and place of brand.--

(1)  The brand required by this section shall be in plain

English lettering and shall contain at the head or top of the

brand the words "inmate made," followed by the year and name

of the department, correctional institution or other

establishment in which made.

(2)  The brand shall in all cases, when the nature of the

article will permit, be placed on the article and only where

the branding is impossible may it be on the box or other

receptacle or covering in which it is contained.

(3)  The brand shall be affixed to the article by

casting, burning, pressing or other such process or means so

that the article may not be defaced and in all cases shall be

upon the most conspicuous place upon the article or the box,

receptacle or covering containing the article.

(c)  Applicability.--This section shall not apply to goods,

wares and merchandise shipped to points outside this

Commonwealth.

§ 3127.  Sale of inmate-made goods.

The department may contract to sell or sell the articles

manufactured or produced in any correctional institution which

cannot be used therein to the Commonwealth or to any political

subdivision thereof, or to any State, municipality or county

authority created by or under any law of this Commonwealth or to

any State correctional institution or to any educational or

charitable institution receiving aid from the Commonwealth, or

to the Federal Government or any department, bureau, commission,

authority or agency thereof, or to any other state or political

subdivision or authority thereof, or to any institution

receiving aid from the Federal Government or of any other state.

Section 3.8  Title 61 is amended by adding a section to read:

§ 3909.  Evaluation.

The department and the commission shall monitor and evaluate

the motivational boot camp program under this chapter to ensure

that the programmatic objectives are met. In even-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. In odd-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.

Section 3.9  Sections 4109 and 4510(a)(1) and (2) of Title 61

are amended to read:

§ 4109.  Evaluation.

The department and the commission shall monitor and evaluate

the motivational boot camp program under Chapter 39 (relating to

motivational boot camp) to ensure that the programmatic

objectives are met. [In even-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. In odd-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.]

§ 4510.  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 and shall report to the

General Assembly as follows:

(1)  In [odd-numbered] even-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 inmates determined by the

department to be eligible offenders under this chapter

and the offenses for which the eligible offenders were

committed to the custody of the department.

(ii)  The number of inmates committed to the custody

of the department who were subject to a recidivism risk

reduction incentive minimum sentence.

(iii)  The number of inmates 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 inmates released at the

recidivism risk reduction incentive minimum sentence.

(vi)  Any other information the department deems

relevant.

(2)  In [even-numbered] odd-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 inmates and

improve public safety.

(v)  Any other information the commission deems

relevant.

* * *

Section 3.10.  Title 61 is amended by adding a section to

read:

§ 5906.  Confidentiality of victim information.

(a)  General rule.--Except as otherwise provided by law or

this section, any and all statements or testimony of the victim

or family member submitted to the department shall be:

(1)  Deemed confidential and privileged.

(2)  Not be subject to subpoena or discovery.

(3)  Not be introduced into evidence in any judicial or

administrative proceeding.

(4)  Not be released to the inmate.

(b)  Records.--All records maintained by the department

pertaining to victims shall be kept separate. Current address,

telephone numbers and any other personal information of the

victim and family members shall be deemed confidential.

(c)  Disclosure prohibited.--Notwithstanding any other

provision of law, no person who has had access to a report,

record or any other information under this section shall

disclose the content of the report, record or other information

or testify in a judicial or administrative proceeding without

the written consent of the victim.

Section 4.  Section 6113 of Title 61 is amended by adding a

subsection to read:

§ 6113.  Board action.

* * *

(f)  Decision accountability.--The board shall develop, adopt

and periodically update as deemed necessary a parole decisional

instrument that is tested prior to implementation, which

incorporates evidence-based practices to assist and inform the

board's professional judgment in the parole decision-making

process.

Section 5.  Section 6131(a) of Title 61 is amended by adding

paragraphs and the section is amended by adding a subsection to

read:

§ 6131.  General powers of board.

(a)  General rule.--The board shall have the power and its

duty shall be:

* * *

(13)  To incorporate evidence-based practices into parole

decision making, supervision and the supervision of technical

violators.

(14)  To coordinate the reentry of offenders into the

community using evidence-based practices that are effective

in reducing recidivism.

(15)  To conduct research to identify, to be informed of

and to apply recognized evidence-based parole practices that

promote public safety and reduce recidivism.

(16)  To conduct outcome and performance analyses on

implemented board programs and practices to enhance public

safety through reduced recidivism.

* * *

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Evidence-based practices."  Interventions and treatment

approaches that have been proven effective through appropriate

empirical analysis.

Section 6.  Sections 6137(a), (e) and (g), 6138(a), (c) and

(d), 6140(h)(8) and 6153(a) of Title 61 are amended to read:

§ 6137.  Parole power.

(a)  General criteria for parole.--

(1)  The board may parole subject to consideration of

guidelines established under 42 Pa.C.S. § 2154.5 (relating to

adoption of guidelines for parole) and may release on parole

any inmate to whom the power to parole is granted to the

board by this chapter, except an inmate condemned to death or

serving life imprisonment, whenever in its opinion:

(i)  The best interests of the inmate justify or

require that the inmate be paroled.

(ii)  It does not appear that the interests of the

Commonwealth will be injured by the inmate's parole.

(2)  Parole shall be subject in every instance to the

Commonwealth's right to immediately retake and hold in

custody without further proceedings any parolee charged after

his parole with an additional offense until a determination

can be made whether to continue his parole status.

(3)  The power to parole granted under this section to

the board may not be exercised in the board's discretion at

any time before, but only after, the expiration of the

minimum term of imprisonment fixed by the court in its

sentence or by the Board of Pardons in a sentence which has

been reduced by commutation.

(3.1)  (i)  Following the expiration of the inmate's

minimum term of imprisonment, if the primary reason for

not paroling the inmate is the inmate's inability to

access and complete prescribed programming within the

correctional institution, the board may release the

inmate on parole with the condition that the inmate

complete the prescribed programming while on parole.

(ii)  This paragraph shall not apply to offenders who

are currently serving a term of imprisonment for a crime

of violence as defined in 42 Pa.C.S. § 9714 (relating to

sentences for second and subsequent offenses) or for a

crime requiring registration under 42 Pa.C.S. § 9795.1

(relating to registration).

(iii)  For those inmates to whom subparagraph (ii) is

applicable, the board may release the inmate on parole if

the inmate is subject to another jurisdiction's detainer,

warrant or equivalent writ.

(4)  Unless the inmate has served at least one year in a

prerelease center, the board shall not act upon an

application of an inmate who is granted clemency by the

Governor, is subject to parole supervision and:

(i)  whose term of imprisonment was commuted from

life to life on parole;

(ii)  who was serving a term of imprisonment for a

crime of violence; or

(iii)  who is serving a sentence under 42 Pa.C.S. §

9712 (relating to sentences for offenses committed with

firearms).

(5)  Upon parole, a parolee subject to paragraph (4)

shall:

(i)  be subject to weekly supervision for the first

six months of parole; and

(ii)  have any violations of a condition of parole

immediately made known to the Board of Pardons. This

subparagraph shall apply to all parolees under

supervision by other jurisdictions under Subchapter B of

Chapter 71 (relating to interstate compact for the

supervision of adult offenders).

(6)  For purposes of this subsection, the term

"prescribed programming" shall mean an individualized

treatment plan that is part of the correctional plan jointly

developed by the department and the board following a

diagnostic evaluation and risk and needs assessment that

includes a structured set of evidence-based treatment

curricula designed to reduce the risk of reoffense by the

offender. The ultimate goal of these curricula is to increase

the probability that offenders will lead law-abiding lives in

the community upon release.

* * *

(e)  [Preparole drug] Drug screening tests.--

(1)  The board may not release a person on parole unless

the person achieves a negative result within 45 days prior to

the date of release in a screening test approved by the

Department of Health for the detection of the presence of

controlled substances or designer drugs under the act of

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

Substance, Drug, Device and Cosmetic Act.

(2)  The cost of these preparole drug screening tests for

inmates subject to the parole release jurisdiction of the

board, whether confined in a correctional institution or

county prison, shall be paid by the board. The board shall

establish rules and regulations for the payment of these

costs and may limit the types and cost of these screening

tests that would be subject to payment by the board.

(3)  (i)  The board shall establish, as a condition of

continued parole for a parolee who, as an inmate, tested

positive for the presence of a controlled substance or a

designer drug or who was paroled from a sentence arising

from a conviction under The Controlled Substance, Drug,

Device and Cosmetic Act or from a drug-related crime, the

parolee's achievement of negative results in such

screening tests randomly applied.

(ii)  The random screening tests shall be performed

at the discretion of the board, and the parolee

undergoing the tests shall be responsible for the costs

of the tests.

(iii)  The funds collected for the tests shall be

applied against the contract for such testing [between

the board and a testing laboratory approved by the

Department of Health].

(4)  For a parolee who was not paroled from a sentence

arising from a conviction under The Controlled Substance,

Drug, Device and Cosmetic Act or for a drug-related crime,

the board may establish, as a condition of parole, that the

parolee achieve negative results in screening tests randomly

conducted. The parolee shall be responsible for testing

costs.

* * *

(g)  Procedure.--

(1)  The department shall identify all inmates committed

to the custody of the department that meet the definition of

an eligible offender.

(2)  Upon identification of an inmate as an eligible

offender, the department shall send notice to the board. The

board shall send notice to the prosecuting attorney and the

court no less than six months before the expiration of the

inmate's minimum sentence indicating that the department has

preliminarily identified the inmate as an eligible offender.

The notice shall be sent by United States mail unless the

board, the court and the prosecutor have consented to receipt

of notice via electronic means. For inmates committed to the

department whose expiration of the minimum sentence is six

months or less from the date of admission, the department

shall give prompt notice.

(3)  Within [60] 30 days of receipt of notice under

paragraph (2), the court or prosecuting attorney may file a

written objection to the department's preliminary

identification of the inmate as an eligible offender. Notice

of the objection shall be provided to the department and the

board.

(4)  If no notice of objection has been filed under

paragraph (3), the board or its designee shall approve for

parole at the expiration of the eligible offender's minimum

date upon a determination that all of the following apply:

(i)  The department certified that the inmate has

maintained a good conduct record and continues to remain

an eligible offender.

(ii)  The reentry plan for the inmate is adequate.

(iii)  Individual conditions and requirements for

parole have been established.

(iv)  There is no reasonable indication that the

inmate poses a risk to public safety.

(5)  If the court or prosecuting attorney files a timely

objection under paragraph (3), the board shall make a

determination as to whether the inmate is an eligible

offender. The board shall notify the department, prosecuting

attorney and court of its determination no later than [60] 30 

days prior to the minimum parole date. If the board

determines that the inmate is an eligible offender under this

chapter, the board shall follow the provisions under

paragraph (4). If the board determines that the inmate is not

an eligible offender under section 4503 (relating to

definitions), the board shall retain exclusive jurisdiction

to grant parole and shall determine whether the inmate should

be paroled at the minimum date, paroled at a later date or

denied parole.

(6)  Nothing in this subsection shall be construed 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).

(7)  Except as provided under this subsection, nothing in

this chapter shall otherwise affect the powers and duties of

the board or the department.

* * *

§ 6138.  Violation of terms of parole.

(a)  Convicted violators.--

(1)  A parolee under the jurisdiction of the board

released from a correctional facility who, during the period

of parole or while delinquent on parole, commits a crime

punishable by imprisonment, for which the parolee is

convicted or found guilty by a judge or jury or to which the

parolee pleads guilty or nolo contendere at any time

thereafter in a court of record, may at the discretion of the

board be recommitted as a parole violator.

(2)  If the parolee's recommitment is so ordered, the

parolee shall be reentered to serve the remainder of the term

which the parolee would have been compelled to serve had the

parole not been granted and shall be given no credit for the

time at liberty on parole.

(3)  The board may, in its discretion, reparole whenever,

in its opinion, the best interests of the inmate justify or

require the inmate's release on parole and it does not appear

that the interests of the Commonwealth will be injured

thereby.

(4)  The period of time for which the parole violator is

required to serve shall be computed from and begin on the

date that the parole violator is taken into custody to be

returned to the institution as a parole violator.

(5)  If a new sentence is imposed on the parolee, the

service of the balance of the term originally imposed shall

precede the commencement of the new term imposed in the

following cases:

(i)  If a person is paroled from a State correctional

institution and the new sentence imposed on the person is

to be served in the State correctional institution.

(ii)  If a person is paroled from a county prison and

the new sentence imposed upon him is to be served in the

same county prison.

(iii)  In all other cases, the service of the new

term for the latter crime shall precede commencement of

the balance of the term originally imposed.

(5.1)  If the parolee is sentenced to serve a new term of

total confinement by a Federal court or by a court of another

jurisdiction because of a verdict or plea under paragraph

(1), the parolee shall serve the balance of the original term

before serving the new term.

(6)  Where the new term is to be served last or the

balance of the term originally imposed is to be served last,

and the service is, in either case, in any correctional

facility:

(i)  Any person upon recommitment shall be sent to

the institution as shall be designated by the Secretary

of Corrections or his designee.

(ii)  Any female person shall be recommitted to the

State Correctional Institution at Muncy.

* * *

(c)  Technical violators.--

(1)  A parolee under the jurisdiction of the board who is

released from a correctional facility and who, during the

period of parole, violates the terms and conditions of his

parole, other than by the commission of a new crime of which

the parolee is convicted or found guilty by a judge or jury

or to which the parolee pleads guilty or nolo contendere in a

court of record, may be recommitted after a hearing before

the board.

(2)  If the parolee is so recommitted, the parolee shall

be given credit for the time served on parole in good

standing but with no credit for delinquent time and may be

reentered to serve the remainder of the original sentence or

sentences.

(3)  The remainder shall be computed by the board from

the time the parolee's delinquent conduct occurred for the

unexpired period of the maximum sentence imposed by the court

without credit for the period the parolee was delinquent on

parole. The parolee shall serve the remainder so computed

from the date the parolee is taken into custody on the

warrant of the board.

(4)  The parolee shall be subject to reparole by the

board whenever in its opinion the best interests of the

inmate justify or require the parolee being reparoled and it

does not appear that the interests of the Commonwealth will

be injured reparoling the parolee.

(5)  Parole violators shall be supervised in accordance

with evidence-based practices that may include:

(i)  Consideration of whether the offender poses a

risk of safety to the community or himself.

(ii)  The board's capacity to deliver programs that

address criminal thinking behavior and related crime

producing factors.

(iii)  Use of community-based sanctioning

alternatives to incarceration.

(iv)  Use of a graduated violation sanctioning

process.

(v)  Recommitment to a correctional facility.

(6)  The board shall divert technical parole violators

from confinement in a State correctional institution unless

the parolee's diversion poses an undue risk to public safety.

(d)  Recommitment.--A technical violator under subsection (c)

shall be recommitted to a correctional facility, unless placed

at a parole violator center, as follows:

(1)  If paroled from a county prison, to the same

institution or to any other institution to which the violator

may be legally transferred.

(2)  If paroled from a State correctional institution,

any male person upon recommitment shall be sent to the

nearest State correctional institution for service of the

remainder of the original term at the institution as shall be

designated by the department. Any female person shall be

recommitted to the State Correctional Institution at Muncy or

other State correctional institution as designated by the

department.

§ 6140.  Victim statements, testimony and participation in

hearing.

* * *

(h)  Hearing procedure.--

* * *

(8)  [Except as otherwise provided by law or this

section] Notwithstanding any other provision of law, any and

all statements or testimony of the victim or family member

submitted to the board pertaining to:

(i)  the continuing nature and extent of any physical

harm or psychological or emotional harm or trauma

suffered by the victim;

(ii)  the extent of any loss of earnings or ability

to work suffered by the victim; and

(iii)  the continuing effect of the crime upon the

victim's family:

(A)  Shall be deemed confidential and privileged.

(B)  Shall not be subject to subpoena or

discovery.

(C)  Shall not be introduced into evidence in any

judicial or administrative proceeding.

(D)  Shall not be released to the inmate.

* * *

§ 6153.  Supervisory relationship to offenders.

(a)  General rule.--Agents are in a supervisory relationship

with their offenders. The purpose of this supervision is to

assist the offenders in their rehabilitation and reassimilation

into the community and to protect the public. Supervision

practices shall reflect the balance of enforcement of the

conditions of parole and case management techniques to maximize

successful parole completion through effective reentry to

society.

* * *

Section 6.1.  Part V of Title 61 is amended by adding a

chapter to read:

CHAPTER 70

ADULT SUPERVISION FEE

Sec.

7001.  Definitions.

7002.  Interstate Compact for the Supervision of Adult Offenders

fee.

7003.  Applicability.

§ 7001.  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.

"Interstate commission."  The Interstate Commission for Adult

Offender Supervision.

"Interstate compact."  The Interstate Compact for the

Supervision of Adult Offenders.

"State."  A state of the United States, the District of

Columbia and any other territorial possessions of the United

States.

"State council."  The State Council for Interstate Adult

Offender Supervision.

§ 7002.  Interstate Compact for the Supervision of Adult

Offenders fee.

(a)  Application fee.--

(1)  A person on county probation or parole who applies

for a transfer of supervision to another state through the

interstate compact shall be required to pay an application

fee with each application for transfer, unless the court

finds that the application fee should be reduced, waived or

deferred based upon the person's inability to pay. The

application fees shall be collected by the county probation

department or other agent designated by the county

commissioners of the county with the approval of the

president judge.

(2)  A person on State probation or parole who applies

for a transfer to another state through the interstate

compact shall be required to pay an application fee to the

board with each application for transfer, unless the board

finds that the application fee should be reduced, waived or

deferred based upon the person's inability to pay.

(b)  Amount of application fee.--The State council shall

establish the amount of the application fee which shall not

exceed $150. The application fee shall be nonrefundable and

shall be assessed for each application for transfer to another

state.

(c)  Application fee collected by county.--For administrative

expenses, the county shall be entitled to retain a percentage of

each application fee collected under this section which shall be

deposited in the county's general fund. The percentage of the

application fee that may be retained shall be determined by the

State council 60 days prior to the beginning of each 

Commonwealth fiscal year commencing on July 1 and ending on June

30. The remaining portion of each application fee collected by

the county shall be transmitted to the Commonwealth under

subsection (d).

(d)  Disposition.--Money received from the collection of the

application fee shall be paid into the State Treasury and shall

be credited to the general government operations of the board

for expenses incurred in the administration of the compact.

§ 7003.  Applicability.

This chapter shall apply to a person who applies on or after

the effective date of this chapter for a transfer of supervision

to another state.

Section 6.2.  Section 7103 of Title 61 is amended to read:

§ 7103.  Powers.

The [Attorney General] secretary or his designee is hereby

authorized and directed to do all things necessary or incidental

to the carrying out of the compact in every particular except

that no contract for the confinement of inmates in the

institutions of this State shall be entered into unless the

[Attorney General or the Secretary of Corrections] secretary has

first determined that the inmates are acceptable,

notwithstanding the provisions of Article IX-B of the act of

April 9, 1929 (P.L.177, No.175), known as the Administrative

Code of 1929. The [Attorney General] secretary or his designee

shall not enter into a contract pursuant to Article III of the

compact relating to inmates who are mentally ill or mentally

retarded without consultation with the Secretary of Public

Welfare.

Section 6.3.  Title 61 is amended by adding a section to

read:

§ 7115.  Interstate Compact for the Supervision of Adult

Offenders fee.

(a)  Duty to pay.--

(1)  A person on county probation or parole who applies

for a transfer of supervision to another state through the

Interstate Compact for the Supervision of Adult Offenders

shall be required to pay an application fee with each

application for transfer, unless the court finds that the

application fee should be reduced, waived or deferred based

upon the person's inability to pay. The application fees

shall be collected by the county probation department or

other agent designated by the county commissioners of the

county with the approval of the president judge.

(2)  A person on State probation or parole who applies

for a transfer to another state through the interstate

compact shall be required to pay an application fee to the

board with each application for transfer, unless the board

finds that the application fee should be reduced, waived or

deferred based upon the person's inability to pay.

(b)  Amount of application fee.--The State council shall

establish the amount of the application fee which shall not

exceed $150. The application fee shall be nonrefundable and

shall be assessed for each application for transfer to another

state.

(c)  Application fee collected by county.--For administrative

expenses, the county shall be entitled to retain a percentage of

each application fee collected under this section which shall be

deposited in the county's general fund. The percentage of the

application fee that may be retained shall be determined by the

State council 60 days prior to the beginning of each

Commonwealth fiscal year commencing on July 1 and ending on June

30. The remaining portion of each application fee collected by

the county shall be transmitted to the Commonwealth under

subsection (d).

(d)  Disposition.--Money received from the collection of the

application fee shall be paid into the State Treasury and shall

be credited to the general government operations of the board

for expenses incurred in the administration of the interstate

compact.

(e)  Application fee.--The application fee as of the

effective date of this subsection shall be $100, and the

counties shall retain 100% of the fee collected until the

application fee and county percentage are determined prior to

the beginning of the next Commonwealth fiscal year in accordance

with subsections (b) and (c).

Section 7.  The following shall apply:

(1)  On July 1, 2011, the State Treasurer shall transfer

the sum of $1,150,000 from the State Offender Supervision

Fund to the Pennsylvania Commission on Sentencing to

supplement other sums appropriated to and for the use of the

commission to implement the requirements of this act and

their duties as defined in 42 Pa.C.S. The transferred sum is

appropriated to the Pennsylvania Commission on Sentencing on

a continuing annual basis for that purpose.  

(2)  On July 1, 2011, the State Treasurer shall transfer

the sum of $1,150,000 from the Department of Corrections to

the Pennsylvania Commission on Sentencing to supplement other

sums appropriated to and for the use of the commission to

implement the requirements of this act and their duties as

defined under 42 Pa.C.S. The transferred sum is appropriated

to the Pennsylvania Commission on Sentencing on a continuing

annual basis for that purpose.

Section 8.  The regulations adopted under the former act of

December 27, 1965 (P.L.1237, No.502), entitled "An act

establishing regional correctional facilities administered by

the Bureau of Correction as part of the State correctional

system; establishing standards for county jails, and providing

for inspection and classification of county jails and for

commitment to State correctional facilities and county jails,"

and the former act of October 16, 1972 (P.L.913, No.218),

entitled "An act establishing regional community treatment

centers for women administered by the Bureau of Correction of

the Department of Justice as part of the State Correctional

System, providing for the commitment of females to such centers

and their temporary release therefrom for certain purposes,

restricting confinement of females in county jails and

conferring powers and duties upon the Department of Justice and

the Bureau of Correction," prior to the effective date of this

section shall continue to have the force and effect of law and

shall be construed to be consistent with the provisions of 61

Pa.C.S. § 1105.

Section 9.  The addition of 61 Pa.C.S. Ch. 31 Subch. B is a

continuation of the act of June 1, 1915 (P.L.656, No.289),

entitled "An act providing a system of employment and

compensation for the inmates of the Eastern Penitentiary,

Western Penitentiary, and the Pennsylvania Industrial

Reformatory at Huntingdon, and for such other correctional

institutions as shall be hereafter established by the

Commonwealth, and making an appropriation therefor." The

following apply:

(1)  Except as otherwise provided in 61 Pa.C.S. Ch. 31

Subch. B, all activities initiated under the act of June 1,

1915 (P.L.656, No.289) shall continue and remain in full

force and effect and may be completed under 61 Pa.C.S. Ch. 31

Subch. B. Resolutions, orders, regulations, rules and

decisions which were made under the act of June 1, 1915

(P.L.656, No.289) and which are in effect on the effective

date of this section shall remain in full force and effect

until revoked, vacated or modified under 61 Pa.C.S. Ch. 31

Subch. B. Contracts, obligations and agreements entered into

under the act of June 1, 1915 (P.L.656, No.289) are not

affected nor impaired by the repeal of the act of June 1,

1915 (P.L.656, No.289).

(2)  Any difference in language between 61 Pa.C.S. Ch. 31

Subch. B and the act of June 1, 1915 (P.L.656, No.289) is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or affect

the legislative intent, judicial construction or

administrative interpretation and implementation of the act

of June 1, 1915 (P.L.656, No.289).

Section 10.  The following act is repealed:

(1)  The General Assembly finds and declares that the

repeal under paragraph (2) is necessary to effectuate the

addition of 61 Pa.C.S. Ch. 31 Subch. B.

(2)  The act of June 1, 1915 (P.L.656, No.289), entitled

"An act providing a system of employment and compensation for

the inmates of the Eastern Penitentiary, Western

Penitentiary, and the Pennsylvania Industrial Reformatory at

Huntingdon, and for such other correctional institutions as

shall be hereafter established by the Commonwealth, and

making an appropriation therefor," is repealed.

Section 11.  The following provisions shall apply

retroactively to November 9, 2009:

(1)  The addition of 61 Pa.C.S. §§ 1105 and 7115.

(2)  Section 8 of this act.

Section 12.  The following shall apply retroactively to

October 12, 2009:

(1)  The amendment of 61 Pa.C.S. §§ 1721, 1722, and 1723.

(2)  The amendment of the headings of Subchapters B and C

of Chapter 17.

Section 13.  This act shall take effect as follows:

(1)  The addition of 61 Pa.C.S. § 3705 shall take effect

in 30 days.

(2)  The addition of 61 Pa.C.S. Ch. 70 shall take effect

in 60 days.

(3)  The remainder of this act shall take effect

immediately.