HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, M. WHITE, BRUBAKER, EARLL, FERLO, WOZNIAK, YUDICHAK, BROWNE, BLAKE AND WASHINGTON, JANUARY 12, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 2012   

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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Judicial Procedure) and 61 (Prisons and Parole) of the

Pennsylvania Consolidated Statutes, in burglary and other

criminal intrusion, further providing for the offense of

burglary; in Pennsylvania Commission on sentencing, further

providing for powers and duties and for publication of

guidelines; in sentences, further providing for sentences for

second and subsequent offenses, for sentencing generally and

for sentence of county intermediate punishment; providing for

court-imposed sanctions for offenders violating probation;

further providing for county intermediate punishment

programs; in visitation, further providing for general

provisions; in inmate prerelease plans, providing for time

eligibility for prerelease; in motivational boot camp,

further providing for definitions and for selection of inmate

participants; in State intermediate punishment, further

providing for definitions and for referral to State

intermediate punishment program; in recidivism risk reduction

incentive, further providing for definitions; establishing

the Safe Community Reentry Program; and providing for the

powers and duties of the Pennsylvania Board of Probation and

Parole and the Department of Corrections.

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Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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Judicial Procedure) and 61 (Prisons and Parole) of the

Pennsylvania Consolidated Statutes, in burglary and other

criminal intrusion, further providing for the offense of

burglary; in other offenses, further providing for drug

trafficking sentencing and penalties; in Pennsylvania

Commission on Sentencing, further providing for powers and

duties and for publication of guidelines; in sentencing,

further providing for sentences for second and subsequent

offenses; in sentencing, providing for sentencing for certain

paroled offenders; in sentencing, further providing for

sentencing generally, for disposition under guilty but

mentally ill, for partial confinement, for total confinement

and for proceedings and location; in sentencing, providing

for court-imposed sanctions for offenders violating

probation; in county intermediate punishment, further

providing for definitions and for programs; in correctional

institutions administration, further providing for drug

distribution definitions; in inmate confinement visitation,

further providing for Gubernatorial visitors, for official

visitors and for rights of official visitors; in inmate

confinement prerelease plans, further providing for

establishment of prerelease centers, for prerelease plan for

inmates, for regulations and for compensation of inmates; in

inmate confinement motivational boot camps, further providing

for definitions and for selection of inmate participants; in

inmate confinement State intermediate punishment, further

providing for definitions and for referral to State

intermediate punishment program; in inmate confinement

recidivism risk reduction incentive, further providing for

definitions; in inmate confinement community corrections

facilities, further providing for definitions; in inmate

confinement, providing for safe community reentry and for

community corrections centers and community corrections

facilities; in probation and parole administration, further

providing for certain offenders residing in group-based

homes, for administrative powers over parolees, for general

court criteria for parole, for parole power, for parole

violation and for parole procedure; in probation and parole

administration, providing for early parole subject to Federal

order; making a related repeal; and abrogating regulations.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3502 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Sections 3502 and 7508(c) of Title 18 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 3502.  Burglary.

[(a)  Offense defined.--A person is guilty of burglary if he

enters a building or occupied structure, or separately secured

or occupied portion thereof, with intent to commit a crime

therein, unless the premises are at the time open to the public

or the actor is licensed or privileged to enter.

(b)  Defense.--It is a defense to prosecution for burglary

that the building or structure was abandoned.]

(a)  Offense defined.--A person commits the offense of

burglary if, with the intent to commit a crime therein, the

person:

(1)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is

adapted for overnight accommodations in which at the time of

the offense any person is present;

(2)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is

adapted for overnight accommodations in which at the time of

the offense no person is present;

(3)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is not

adapted for overnight accommodations in which at the time of

the offense any person is present; or

(4)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is not

adapted for overnight accommodations in which at the time of

the offense no person is present.

(b)  Defense.--It is a defense to prosecution for burglary if

any of the following exists at the time of the commission of the

offense:

(1)  The building or structure was abandoned.

(2)  The premises are open to the public.

(3)  The actor is licensed or privileged to enter.

(c)  Grading.--

(1)  Except as provided in paragraph (2), burglary is a

felony of the first degree.

(2)  [If the building, structure or portion entered is

not adapted for overnight accommodation and if no individual

is present at the time of entry, burglary is a felony of the

second degree.] An offense under subsection (a)(4) is a

felony of the second degree.

(d)  Multiple convictions.--A person may not be [convicted] 

sentenced both for burglary and for the offense which it was his

intent to commit after the burglarious entry or for an attempt

to commit that offense, unless the additional offense

constitutes a felony of the first or second degree.

§ 7508.  Drug trafficking sentencing and penalties.

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* * *

(c)  Mandatory sentencing.--There shall be no authority in

any court to impose on an offender to which this section is

applicable a lesser sentence than provided for herein or to

place the offender on probation, parole[,] or work release [or

prerelease] or to suspend sentence. Nothing in this section

shall prevent the sentencing court from imposing a sentence

greater than provided herein. Sentencing guidelines promulgated

by the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided herein. Disposition under

section 17 or 18 of The Controlled Substance, Drug, Device and

Cosmetic Act shall not be available to a defendant to which this

section applies.

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Section 1.1.  Sections 2153(a)(14) and (15) and 2155 of Title

42 are amended to read:

§ 2153.  Powers and duties.

(a)  General rule.--The commission, pursuant to rules and

regulations, shall have the power to:

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(14)  Establish a program to systematically monitor

compliance with the guidelines, with the risk assessment

instrument, with recommitment ranges and with mandatory

sentencing laws to document eligibility for and releases

pursuant to a county reentry plan, to document eligibility

for and imposition of recidivism risk reduction incentive

minimum sentences and to document all parole and reparole

decisions by the board and any other paroling authority by:

(i)  Promulgating forms which document the

application of sentencing, resentencing and parole

guidelines, mandatory sentencing laws, risk assessment

instrument, releases pursuant to a county reentry plan,

recommitment ranges and recidivism risk reduction

incentive minimum sentences and collecting information on

all parole and reparole decisions by the board and any

other paroling authority.

(ii)  Requiring the timely completion and electronic

submission of such forms to the commission.

(15)  Prior to adoption of changes to guidelines for

sentencing, resentencing and parole, risk assessment

instrument and recommitment ranges following revocation, use

a correctional population simulation model to determine:

(i)  Resources that are required under current

guidelines, risk assessment instrument and ranges.

(ii)  Resources that would be required to carry out

any proposed changes to the guidelines, risk assessment

instrument and ranges.

* * *

§ 2155.  Publication of guidelines for sentencing, resentencing

and parole, risk assessment instrument and 

recommitment ranges following revocation.

(a)  General rule.--The commission shall:

(1)  Prior to adoption, publish in the Pennsylvania

Bulletin all proposed sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines, risk assessment instrument and

recommitment ranges following revocation, by the board of

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paroles granted, and hold public hearings not earlier than 30

days and not later than 60 days thereafter to afford an

opportunity for the following persons and organizations to

testify:

(i)  Pennsylvania District Attorneys Association.

(ii)  Chiefs of Police Associations.

(iii)  Fraternal Order of Police.

(iv)  Public Defenders Organization.

(v)  Law school faculty members.

(vi)  State Board of Probation and Parole.

(vii) Department of Corrections.

(viii)  Pennsylvania Bar Association.

(ix)  Pennsylvania Wardens Association.

(x)  Pennsylvania Association on Probation, Parole

and Corrections.

(xi)  Pennsylvania Conference of State Trial Judges.

(xii)  Any other interested person or organization.

(2)  Publish in the Pennsylvania Bulletin sentencing

guidelines, resentencing guidelines following revocation of

probation, county intermediate punishment and State

intermediate punishment, parole guidelines, risk assessment

instrument and recommitment ranges following revocation by

the board of paroles granted as adopted by the commission.

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(b)  Rejection by General Assembly.--Subject to gubernatorial

review pursuant to section 9 of Article III of the Constitution

of Pennsylvania, the General Assembly may by concurrent

resolution reject in their entirety any guidelines, risk

assessment instrument or recommitment ranges adopted by the

commission within 90 days of their publication in the

Pennsylvania Bulletin pursuant to subsection (a)(2).

(c)  Effective date.--

(1)  Sentencing guidelines, resentencing guidelines

following revocation of probation, county intermediate

punishment and State intermediate punishment, parole

guidelines, risk assessment instrument and recommitment

ranges following revocation by the board of paroles granted,

adopted by the commission shall become effective 90 days

after publication in the Pennsylvania Bulletin pursuant to

subsection (a)(2) unless disapproved pursuant to subsection

(b) and shall apply to sentences and resentences and parole

decisions made after the effective date of the guidelines.

(2)  If not disapproved, the [commissioners] commission 

shall conduct training and orientation for trial court judges

and board members prior to the effective date of the

guidelines, risk assessment instrument and recommitment

ranges.

Section 1.2.  Section 9714(g) of Title 42, amended July 7,

2011 (P.L.220, No.40), is amended to read:

§ 9714.  Sentences for second and subsequent offenses.

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(g)  Definition.--As used in this section, the term "crime of

violence" means murder of the third degree, voluntary

manslaughter, manslaughter of a law enforcement officer as

defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

homicide of law enforcement officer), murder of the third degree

involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

(relating to murder of unborn child), aggravated assault of an

unborn child as defined in 18 Pa.C.S. § 2606 (relating to

aggravated assault of unborn child), aggravated assault as

defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

aggravated assault), assault of law enforcement officer as

defined in 18 Pa.C.S. § 2702.1 (relating to assault of law

enforcement officer), use of weapons of mass destruction as

defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass

destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

(relating to terrorism), trafficking of persons when the offense

is graded as a felony of the first degree as provided in 18

Pa.C.S. § 3002 (relating to trafficking of persons), rape,

involuntary deviate sexual intercourse, aggravated indecent

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

§ 3301(a) (relating to arson and related offenses), ecoterrorism

as defined in 18 Pa.C.S. § 3311(b)(2) (relating to

ecoterrorism), kidnapping, burglary [of a structure adapted for

overnight accommodation in which at the time of the offense any

person is present] as defined in 18 Pa.C.S. § 3502(a)(1)

(relating to burglary), robbery as defined in 18 Pa.C.S. §

3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery

of a motor vehicle, drug delivery resulting in death as defined

in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in

death), or criminal attempt, criminal conspiracy or criminal

solicitation to commit murder or any of the offenses listed

above, or an equivalent crime under the laws of this

Commonwealth in effect at the time of the commission of that

offense or an equivalent crime in another jurisdiction.

Section 1.3.  Title 42 is amended by adding a section to

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read:

§ 9720.3.  Sentencing for certain paroled offenders.

A person unlawfully present in the United States who is

convicted in a court of this Commonwealth of an offense

committed subsequent to being paroled under 61 Pa.C.S. § 6143

(relating to early parole of inmates subject to Federal removal

order) may be imprisoned for a term up to twice the term of

sentence otherwise authorized, fined an amount equal to twice

the fine otherwise authorized, or both.

Section 1.3.  Section 9721(a.1) 2.  Sections 9721(a.1),

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9727(d), 9755(g) and 9756(d) of Title 42 is are amended to read:

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§ 9721.  Sentencing generally.

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(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

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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 or to State

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motivational boot camp as described in 61 Pa.C.S. Ch. 39

(relating to motivational boot camp), even if a mandatory

minimum sentence would otherwise be provided by law.

(3)  An eligible offender may be sentenced to total

confinement pursuant to subsection (a)(4) and a recidivism

risk reduction incentive minimum sentence pursuant to section

9756(b.1) (relating to sentence of total confinement), even

if a mandatory minimum sentence would otherwise be provided

by law.

* * *

Section 2.  Section 9763(c) heading of Title 42 is amended

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and the section is amended by adding a subsection to read:

§ 9763.  Sentence of county intermediate punishment.

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(c)  Restriction for certain Vehicle Code violations.--

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(c.1)  Restriction for drug trafficking.--

(1)  Any person receiving a penalty imposed pursuant to

18 Pa.C.S. § 7508 (relating to drug trafficking sentencing

and penalties) where the sentence is imposed pursuant to 18

Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may

only be sentenced to county intermediate punishment after

undergoing a diagnostic assessment of dependency on alcohol

or other drugs.

(2)  If the defendant is determined to be in need of drug

and alcohol treatment, the defendant may only be sentenced to

county intermediate punishment which includes participation

in clinically prescribed drug and alcohol treatment combined

with one or more of the following programs:

(i)  a residential inpatient program or a residential

rehabilitative center;

(ii)  house arrest with electronic surveillance; or

(iii)  a partial confinement program, including, but

not limited to, work release, work camp and halfway

facility.

(3)  If the defendant is determined not to be in need of

drug and alcohol treatment, the defendant may only be

sentenced to county intermediate punishment in:

(i)  house arrest with electronic surveillance;

(ii)  a partial confinement program, including, but

not limited to, work release, work camp and halfway

facility; or

(iii)  any combination of the programs specified in

this paragraph.

(4)  Each day of participation in a restrictive

intermediate punishment program or combination of programs

shall be considered the equivalent of and satisfy one day of

total confinement required pursuant to 18 Pa.C.S. § 7508

where the sentence is imposed pursuant to 18 Pa.C.S. §

7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i).

* * *

§ 9727.  Disposition of persons found guilty but mentally ill.

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* * *

(d)  [Prerelease and parole] Parole conditions.--An offender

who is discharged from treatment may be placed on [prerelease

or] parole status under the same terms and laws applicable to

any other offender. Psychological and psychiatric counseling and

treatment may be required as a condition of such status. Failure

to continue treatment, except by agreement of the supervising

authority, shall be a basis for [terminating prerelease status

or] instituting parole violation hearings.

* * *

§ 9755.  Sentence of partial confinement.

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(g)  Prisoner release plans.--This section shall not be

interpreted as limiting [the authority of the Bureau of

Correction as set forth in the act of July 16, 1968 (P.L.351,

No.173), as amended, relating to prisoner pre-release centers

and release plans, or] the authority of the court as set forth

in [the act of August 13, 1963 (P.L.774, No.390), as amended,

relating to prisoner release for occupational and other

purposes] section 9755.1 (relating to temporary release from

county correctional institution).

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§ 9756.  Sentence of total confinement.

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(d)  Prisoner release plans.--This section shall not be

interpreted as limiting [the authority of the Bureau of

Correction as set forth in the act of July 16, 1968 (P.L.351,

No.173), as amended, relating to prisoner pre-release centers

and release plans, or] the authority of the court as set forth

in [the act of August 13, 1963 (P.L.774, No.390), as amended,

relating to prisoner release for occupational and other

purposes] section 9755.1 (relating to temporary release from

county correctional institution).

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Section 3.  Section 9762 of Title 42 is amended by adding a 

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subsection subsections to read:

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§ 9762.  Sentencing proceeding; place of confinement.

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(i)  Prohibition.--Notwithstanding any other provision of

law, no person sentenced to total or partial confinement after

the effective date of this subsection shall be committed to the

Department of Corrections unless:

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(1)  the person is serving a sentence which includes a

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sentence for an offense graded as a misdemeanor of the second

degree or higher; or

(1)  The aggregate sentence consists of a conviction for

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an offense graded as a misdemeanor of the second degree or

higher; or

(2)  the Secretary of Corrections or the secretary's

designee has consented to the commitment.

(j)  Applicability.--18 Pa.C.S. § 106(b)(8) and (9) (relating

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to classes of offenses) applies to subsection (i).

Section 3 3.1.  Title 42 is amended by adding a section to

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read:

§ 9771.1.  Court-imposed sanctions for offenders violating

probation.

(a)  Program.--Notwithstanding the provisions of section 9771

(relating to modification or revocation of order of probation),

the court of common pleas of a judicial district may establish a

program to impose swift, predictable and immediate sanctions on

offenders who violate their probation.

(b)  Coordination with other officials.--The court shall work

with probation administrators and officers, jail administrators,

prosecutors, public defenders and law enforcement in the

judicial district to develop and implement the program.

(c)  Eligibility.--

(1)  The court shall determine which offenders are

eligible for and admitted into the program. The program shall

focus on, but not be limited to, offenders who have committed

drug-related crimes.

(2)  An offender shall be ineligible for the program if

the offender was has been convicted or adjudicated delinquent

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of a crime of violence as defined in section 9714 (relating

to sentences for second and subsequent offenses) or of a

crime requiring registration under section 9795.1 Subchapter

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H (relating to registration of sexual offenders).

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(d)  Warning hearing.--

(1)  The At the time of sentencing, the court shall hold

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a warning hearing for each participant in the program to

clearly communicate program expectations and consequences and

to encourage the participant's compliance and success.

(2)  The court shall emphasize the expectations that the

participant remain drug-free and comply with any treatment or

services ordered by the court as a condition of the

participant's probation.

(3)  The court shall put the participant on notice that

each probation violation, including missed appointments and

positive drug tests, will result in jail time as provided for

under subsection (g).

(e)  Drug testing.--The program shall require, when

applicable, randomized drug testing.

(f)  Violation hearing.--If a participant commits a probation

violation, the participant shall promptly be arrested and a

hearing shall be held no later than two business days after the

arrest date.

(g)  Sanctions.--

(1)  The court shall impose a term of imprisonment of up

to:

(i)  three days for a first violation;

(ii)  seven days for a second violation;

(iii)  fourteen days for a third violation; and

(iv)  twenty-one days for a fourth or subsequent

violation of probation.

(2)  The court may allow the term of imprisonment to be

served on weekends or other nonwork days for employed

probationers who have committed a first or second violation.

(3)  The court may increase the conditions of probation,

including additional substance abuse treatment for a

participant who has failed one or more drug tests.

(h)  Exceptions.--If the participant is able to provide a

compelling reason for the probation violation, the court may

grant an exception to the sanctions authorized under subsection

(g).

(i)  Revocation of probation.--

(1)  After a third violation, the court may revoke the

order of probation.

(2)  Upon revocation, the sentencing alternatives shall

be the same as were available at the time of initial

sentencing, due consideration being given to the time spent

serving the order of probation.

(j)  Local rules.--

(1)  The court may adopt local rules for the

administration of this program. Except as provided for under

paragraph (2), the local rules may not be inconsistent with

this section or any rules adopted by the Supreme Court.

(2)  The court may adopt local rules that are

inconsistent with subsection (g) regarding the terms of

imprisonment or other sanctions or conditions provided for

under subsection (g).

Section 3.2.  The definition of "eligible offender" in

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section 9802 of Title 42 is amended to read:

§ 9802.  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:

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"Eligible offender."  Subject to section 9721(a.1) (relating

to sentencing generally), a person convicted of an offense who

would otherwise be sentenced to a county correctional facility,

who does not demonstrate a present or past pattern of violent

behavior and who would otherwise be sentenced to partial

confinement pursuant to section 9724 (relating to partial

confinement) or total confinement pursuant to section 9725

(relating to total confinement). The term does not include an

offender who has been convicted or adjudicated delinquent of a

crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders) or an offender 

with a current conviction or a prior conviction within the past

ten years for any of the following offenses:

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

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2703 (relating to assault by prisoner).

18 Pa.C.S. § 2704 (relating to assault by life prisoner).

18 Pa.C.S. § 2901(a) (relating to kidnapping).

[18 Pa.C.S. § 3121 (relating to rape).]

18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual

assault).

[18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 3126 (relating to indecent assault).]

18 Pa.C.S. § 3301 (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary) when graded as a

felony of the first degree.

18 Pa.C.S. § 3701 (relating to robbery).

18 Pa.C.S. § 3923 (relating to theft by extortion).

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

18 Pa.C.S. § 5121 (relating to escape).

* * *

Section 4.  Section 9804(b)(1) of Title 42 is amended and the

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subsection is amended by adding a paragraph to read:

§ 9804.  County intermediate punishment programs.

* * *

(b)  Eligibility.--

(1)  (i)  No person other than the eligible offender

shall be sentenced to a county intermediate punishment

program.

(ii)  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.

(iii)  The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

* * *

(6)  (i)  Any person receiving a penalty imposed pursuant

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to 18 Pa.C.S. § 7508 (relating to drug trafficking

sentencing and penalties) where the sentence is imposed

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

(4)(i) or (7)(i) may only be sentenced to county

intermediate punishment after undergoing a diagnostic

assessment of dependency on alcohol or other drugs.

(ii)  If the defendant is determined to be in need of

drug and alcohol treatment, the defendant may only be

sentenced to county intermediate punishment which

includes participation in clinically prescribed drug and

alcohol treatment combined with one or more of the

following programs:

(A)  a residential inpatient program or a

residential rehabilitative center;

(B)  house arrest with electronic surveillance;

or

(C)  a partial confinement program, including,

but not limited to, work release, work camp and

halfway facility.

(iii)  If the defendant is determined not to be in

need of drug and alcohol treatment, the defendant may

only be sentenced to county intermediate punishment in:

(A)  house arrest with electronic surveillance;

(B)  a partial confinement program, including,

but not limited to, work release, work camp and

halfway facility; or

(C)  any combination of the programs specified in

this paragraph.

(iv)  Each day of participation in a restrictive

intermediate punishment program or combination of

programs shall be considered the equivalent of and

satisfy one day of total confinement required pursuant to

18 Pa.C.S. § 7508 where the sentence is imposed pursuant

to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or

(7)(i).

Section 5.  The definition of "correctional facility" in

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section 1172 of Title 61 is amended to read:

§ 1172.  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:

"Correctional facility."  A correctional institution, group

home, [prerelease center,] community corrections center, parole

center or any facility that houses a person convicted of a

criminal offense, or awaiting trial, sentencing or extradition

in a criminal proceeding. The term does not include any facility

or institution operated, supervised or licensed under the act of

June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

* * *

Section 5 5.1.  Subchapter A heading of Chapter 35 of Title

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61 is amended to read:

SUBCHAPTER A

[GENERAL PROVISIONS]

(Reserved)

Section 6.  Sections 3501, 3502 and, 3503, 3701, 3702, 3703

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and 3704 of Title 61 are amended to read:

§ 3501.  [Gubernatorial visitor for philanthropic purposes.

The Governor may appoint a person to visit, for philanthropic

purposes, correctional institutions. No expense shall be

incurred to the Commonwealth for the implementation of this

section.] (Reserved).

§ 3502.  [Official visitors.

(a)  General rule.--Subject to the provisions of subsection

(b), the active or visiting committee of any society

incorporated for the purpose of visiting and instructing inmates

are hereby made official visitors of any correctional

institution, with the same powers, privileges and functions as

are vested in the official visitors of correctional institutions

as now prescribed by law.

(b)  Notice required.--No active or visiting committee as

identified in subsection (a) may visit a correctional

institution under this section unless notice of the names of the

members of the committee and the terms of their appointment are

given by the society, in writing, under its corporate seal, to

the chief administrator of the correctional institution.] 

(Reserved).

§ 3503.  [Rights of official visitors.

(a)  Visiting hours.--A person designated by law to be an

official visitor of a correctional institution may enter and

visit any correctional institution on any and every day,

including Sundays, between the hours of 9 a.m. and 5 p.m. and at

such other times with the special permission of the chief

administrator.

(b)  Confirmation of role.--All powers, functions and

privileges granted to official visitors of correctional

institutions under prior law are hereby confirmed. No official

visitor shall have the right or power to give or deliver to an

inmate during such visit any chattel or object whatsoever,

except objects and articles of religious or moral instruction or

use.

(c)  Effect of violation.--

(1)  If an official visitor violates any provision of

this section, a chief administrator may apply to the court of

common pleas in the county wherein the correctional

institution is situated for a rule upon the official visitor

to show cause why he should not be deprived of his office.

(2)  Upon proof to the satisfaction of the court, the

court shall enter a decree against the official visitor

depriving him of all rights, privileges and functions of an

official visitor.] (Reserved).

Section 7.  Title 61 is amended by adding a section to read:

<--

§ 3705.  Time eligibility for prerelease.

(a)  General rule.--To be time-eligible for placement in a

prerelease center, an inmate must:

(1)  have completed at least one-half of the inmate's

minimum sentence;

(2)  be within one year of completing the inmate's

minimum sentence;

(3)  have no outstanding detainers; and

(4)  have continuously served for a total of at least

nine months in a county jail or in a State correctional

institution for that sentence.

(b)  Exception.--Notwithstanding the provisions of subsection

(a), no inmate shall be eligible for placement in a prerelease

center prior to the completion of the inmate's minimum sentence

if the inmate is serving a term of imprisonment for:

(1)  a crime of violence as defined in 42 Pa.C.S. §9714

(relating to sentences for second and subsequent offenses);

or

(2)  a crime requiring registration under 42 Pa.C.S.

§9795.1 (relating to registration).

[§ 3701.  Establishment of prerelease centers.

<--

The department shall establish, with the approval of the

Governor, prisoner prerelease centers at such locations

throughout this Commonwealth as it deems necessary to carry out

effective prisoner prerelease programs.

§ 3702.  Prerelease plan for inmates.

(a)  Transfer authorization.--

(1)  The secretary may transfer an inmate incarcerated in

any prerelease center or in any prerelease center located in

any State correctional institution who has not been sentenced

to death or life imprisonment to any prerelease center.

(2)  The transfer of the inmate to the prerelease center

shall not occur where the transfer is not appropriate due to

a certified terminal illness.

(b)  Temporary release.--An inmate transferred to and

confined in a prerelease center may be released temporarily with

or without direct supervision at the discretion of the

department, in accordance with rules and regulations as provided

in section 3703 (relating to rules and regulations), for the

purposes of gainful employment, vocational or technical

training, academic education and such other lawful purposes as

the department shall consider necessary and appropriate for the

furtherance of the inmate's individual prerelease program

subject to compliance with subsection (c).

(c)  Conditions for release of certain inmates.--

(1)  An inmate who has not served his minimum sentence

may not be transferred to a prerelease center unless:

(i)  more than 20 days have elapsed after written

notice of the proposed transfer, describing the inmate's

individual prerelease program, has been received by the

sentencing judge or, in the event the sentencing judge is

unavailable, the sentencing court and the prosecuting

district attorney's office and no written objection by

the judge containing the reason therefor has been

received by the department;

(ii)  the judge withdraws his objection after

consultation with representatives of the department; or

(iii)  approval of the proposed transfer is given by

the Board of Pardons.

(2)  In the event of a timely objection by the judge,

representatives of the department shall meet with the judge

and attempt to resolve the disagreement.

(3)  If, within 20 days of the department's receipt of

the objection:

(i)  the judge does not withdraw his objection;

(ii)  the department does not withdraw its proposal

for transfer; or

(iii)  the judge and the department do not agree on

an alternate proposal for transfer, the matter shall be

listed for hearing at the next session of the Board of

Pardons to be held in the hearing district in which the

judge is located.

(4)  During the hearing before the Board of Pardons,

representatives of the judge, the department, the district

attorney of the county where the inmate was prosecuted and

any victim involved shall have the opportunity to be heard.

(d)  Notice of release.--

(1)  An inmate who has served his minimum sentence may be

released by the department only after notice to the judge

that the privilege is being granted.

(2)  Notice of the release of an inmate shall be given to

the Pennsylvania State Police, the probation officer and the

sheriff or chief of police of the county and the chief of

police of the municipality or township of the locality to

which the inmate is assigned or of the inmate's authorized

destination.

§ 3703.  Rules and regulations.

The department shall establish rules and regulations for

granting and administering release plans and shall determine

those inmates who may participate in any plan. If an inmate

violates the rules or regulations prescribed by the department,

the inmate's release privileges may be withdrawn. Failure of an

inmate to report to or return from the assigned place of

employment, training, education or other authorized destination

shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to

escape).

§ 3704.  Salaries and wages of inmates.

(a)  General rule.--The salaries or wages of inmates

gainfully employed under a plan established under this chapter

shall be collected by the department or its designated agents or

employees. The wages shall not be subject to garnishment or

attachment for any purpose either in the hands of the employer

or the department during the inmate's term of imprisonment and

shall be disbursed only as provided in this section, but for tax

purposes they shall be income of the inmate.

(b)  Use of salaries or wages.--The salaries or wages of an

inmate participating in a plan established under this chapter

shall be disbursed by the department in the following order:

(1)  The board of the inmate, including food and

clothing.

(2)  Necessary travel expense to and from work and other

incidental expenses of the inmate.

(3)  Support of the inmate's dependents, if any.

(4)  Payment, either in full or ratably, of the inmate's

obligations acknowledged by him in writing or which have been

reduced to judgment.

(5)  The balance, if any, to the inmate upon his

discharge.]

Section 7.  (Reserved).

Section 8.  The definition of "eligible inmate" in section

<--

3903 of Title 61 is amended to read:

<--

§ 3903.  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:

* * *

"Eligible inmate."  A person sentenced to a term of

confinement under the jurisdiction of the Department of

Corrections who is serving a term of confinement, the minimum of

which is not more than two years and the maximum of which is

five years or less, or an inmate who is serving a term of

confinement, the minimum of which is not more than three years

where that inmate is within two years of completing his minimum

term, and who has not reached [35] 40 years of age at the time

he is approved for participation in the motivational boot camp

program. The term shall not include any inmate who is subject to

a sentence the calculation of which included an enhancement for

the use of a deadly weapon as defined pursuant to the sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing [or any inmate [serving a sentence for any violation

<--

of one or more of the following provisions], any inmate who has

<--

been convicted or adjudicated delinquent of any crime requiring

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders) or any inmate with a current

conviction or a prior conviction within the past ten years for

any of the following offenses:

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

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § [2901] 2901(a) (relating to kidnapping).

<--

[18 Pa.C.S. § 3121 (relating to rape).

<--

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).]

<--

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary) in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).

* * *

Section 9.  Section 3904 of Title 61 is amended by adding a

subsection to read:

§ 3904.  Selection of inmate participants.

* * *

(d)  Waiver of eligibility requirements.--

(1)  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.

(2)  The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

Section 10.  The definitions of "defendant" and "eligible

<--

offender" "community corrections center," "defendant," "eligible

<--

offender" and "group home" in section 4103 of Title 61 are

amended to read:

§ 4103.  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:

* * *

"Defendant."  An individual charged with a drug-related

<--

offense, including an individual 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 18 Pa.C.S.

§ 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to

drug trafficking sentencing and penalties).

* * *

"Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)

(relating to sentencing generally), a defendant designated by

the sentencing court as a person convicted of a drug-related

offense who:

(1)  Has undergone an assessment performed by the

Department of Corrections, which assessment has concluded

that the defendant is in need of drug and alcohol addiction

treatment and would benefit from commitment to a drug

offender treatment program and that placement in a drug

offender treatment program would be appropriate.

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

violent behavior.

(3)  Would be placed in the custody of the department if

not sentenced to State intermediate punishment.

(4)  Provides written consent permitting release of

information pertaining to the defendant's participation in a

drug offender treatment program.

The term shall not include a defendant who is subject to a

sentence the calculation of which includes an enhancement for

the use of a deadly weapon, as defined pursuant to law or the

sentencing guidelines promulgated by the Pennsylvania Commission

on Sentencing, or a defendant [who has been convicted of a

personal injury crime as defined in section 103 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act, or an attempt or conspiracy to commit such a crime or who

has been convicted of violating 18 Pa.C.S. § 4302 (relating to

incest), 5901 (relating to open lewdness), 6312 (relating to

sexual abuse of children), 6318 (relating to unlawful contact

with minor) or 6320 (relating to sexual exploitation of

children) or Ch. 76 Subch. C (relating to Internet child

pornography)] with a current conviction or a prior conviction

within the past ten years for any of the following offenses:

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

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary), in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).

* * *

Section 11.  Section 4104(a)(1) of Title 61 is amended and

the subsection is amended by adding a paragraph to read:

<--

"Community corrections center."  A residential program that

<--

is supervised and operated by the Department of Corrections [for

inmates with prerelease status or who are on parole] in

accordance with Chapter 50 (relating to community corrections

centers and community corrections facilities).

* * *

"Defendant."  An individual charged with a drug-related

offense, including an individual 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 18 Pa.C.S.

§ 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to

drug trafficking sentencing and penalties).

* * *

"Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)

(relating to sentencing generally), a defendant designated by

the sentencing court as a person convicted of a drug-related

offense who:

(1)  Has undergone an assessment performed by the

Department of Corrections, which assessment has concluded

that the defendant is in need of drug and alcohol addiction

treatment and would benefit from commitment to a drug

offender treatment program and that placement in a drug

offender treatment program would be appropriate.

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

violent behavior.

(3)  Would be placed in the custody of the department if

not sentenced to State intermediate punishment.

(4)  Provides written consent permitting release of

information pertaining to the defendant's participation in a

drug offender treatment program.

The term shall not include a defendant who is subject to a

sentence the calculation of which includes an enhancement for

the use of a deadly weapon, as defined pursuant to law or the

sentencing guidelines promulgated by the Pennsylvania Commission

on Sentencing, a defendant who has been convicted or adjudicated

delinquent of any crime requiring registration under 42 Pa.C.S.

Ch. 97 Subch. H (relating to registration of sexual offenders)  

or a defendant [who has been convicted of a personal injury

crime as defined in section 103 of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act, or an attempt

or conspiracy to commit such a crime or who has been convicted

of violating 18 Pa.C.S. § 4302 (relating to incest), 5901 

(relating to open lewdness), 6312 (relating to sexual abuse of

children), 6318 (relating to unlawful contact with minor) or

6320 (relating to sexual exploitation of children) or Ch. 76

Subch. C (relating to Internet child pornography)] with a

current conviction or a prior conviction within the past ten

years for any of the following offenses:

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

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § 2901(a) (relating to kidnapping).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary), in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).

* * *

"Group home."  A residential program that is contracted out