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PRINTER'S NO. 490
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
533
Session of
2015
INTRODUCED BY EICHELBERGER, GREENLEAF, FOLMER, VULAKOVICH AND
RAFFERTY, FEBRUARY 20, 2015
REFERRED TO JUDICIARY, FEBRUARY 20, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in other criminal
provisions, further providing for supervisory relationship to
offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9912 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 9912. Supervisory relationship to offenders.
* * *
(e.1) Status of seized items.--
(1) Notwithstanding the provisions of Article XIII.1 of
the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code, to the contrary , all contraband that is seized
from an offender shall be considered abandoned and unclaimed,
and no property right may exist in it, except as otherwise
provided in this section, if the following criteria have been
met:
(i) The parolee or probationer from whom the item
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was seized is no longer under the jurisdiction of the
court.
(ii) Two years have elapsed from the date the
parolee or probationer was no longer under the
jurisdiction of the court under subparagraph (i).
(iii) Notice that the item will be declared
abandoned was mailed to the last known address of the
parolee or probationer from whom the item was seized at
least 60 days prior to the date the item is to be
declared abandoned.
(iv) No other claimant of the item has notified the
county adult probation and parole department of his claim
or is known to the county adult probation and parole
department.
(v) The item has not been forfeited in accordance
with any forfeiture statute, including, but not limited
to, Chapter 68 (relating to forfeitures) and as permitted
by Pennsylvania common law.
(2) Contraband seized under this section may not be
subject to replevin, but shall be deemed to be in the custody
of the county adult probation and parole department. The
county adult probation and parole department shall tag and
secure the contraband at a place designated by it for such
time as is necessary to secure its use as evidence in a
violation, revocation or criminal proceeding. In no event may
the county adult probation and parole department retain the
property for a period of less than 180 days after the hearing
conducted under paragraph (3).
(3) (i) No later than the time of the first-level
hearing to determine whether probable cause exists to
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believe that a violation of probation, parole or
intermediate punishment has been committed, the county
adult probation and parole department shall provide
notice to the offender that abandonment will be sought if
the offender does not claim the seized contraband within
two years after sentence completion.
(ii) If the hearing is waived or there is a new
criminal charge arising from the incident that included
the seizure of the contraband, then notice under this
paragraph shall be given at least five days before an
abandonment hearing is held and the hearing shall be
scheduled by the court within a reasonable time.
(4) If it has been determined that property is
contraband that shall be declared abandoned, the contraband
shall be retained by the county adult probation and parole
department until all appeal periods are exhausted to provide
an opportunity for any additional parties to assert a claim
of ownership or lienhold interest in the contraband. If the
county adult probation and parole department receives notice
of such a claim, the claimant or claimants shall be provided
a hearing pursuant to paragraph (3).
(5) (i) Whenever contraband is declared abandoned under
this subchapter, the contraband shall be transferred to
the custodial care of the county adult probation and
parole department. After the expiration of the necessary
time period specified in this section, the county adult
probation and parole department shall itemize all such
abandoned contraband within its custodial care in a
report to the Treasury Department.
(ii) Within 10 business days following receipt of an
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itemized contraband report from a county adult probation
and parole department, the Treasury Department shall
provide an itemized list of all such abandoned contraband
that it will not accept into its custodial care.
(iii) All abandoned contraband not accepted by the
Treasury Department pursuant to this section shall remain
under the custodial control of the county adult probation
and parole department. Abandoned contraband not otherwise
refused by the Treasury Department shall be transferred
to the custodial control of the Treasury Department as
directed by the Treasury Department.
(6) All abandoned contraband refused by the Treasury
Department and remaining under the custodial control of the
county adult probation and parole department shall be deemed
property of the county department and title to the property
shall transfer. Thereafter, the county probation and parole
department shall be entitled to any or all of the following:
(i) Retain the contraband for official use.
(ii) Destroy the contraband.
(iii) Donate the contraband to a nonprofit
organization or governmental entity.
(iv) Sell any contraband that is not required to be
destroyed by law.
(v) If the item is of de minimus value, as
determined by the county adult probation and parole
department, dispose of the item, without sale.
(7) The county treasurer of each county shall establish
and administer a community correction forfeiture fund
consisting of all cash or proceeds obtained under this
section. The county treasurer shall disburse money from this
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fund only at the discretion of the president judge of the
court of common pleas, subject to paragraph (8) .
(8) Cash or proceeds generated by the sale of any
abandoned contraband shall first be made available to satisfy
any restitution owed by the offender to crime victims who are
known at the time of the seizure by the Pennsylvania
Commission on Crime and Delinquency's Office of Victim
Services or by the courts of the Commonwealth where the
offender was sentenced.
(9) The county adult probation and parole department and
its employees shall be immune from liability for good faith
conduct under this section.
(10) The Pennsylvania Board of Probation and Parole may
enact regulations that are necessary to implement this
subsection on a uniform basis throughout this Commonwealth.
If regulations are promulgated, a county adult probation and
parole department must comply with the regulations.
(11) The provisions set forth in this subsection shall
apply to all contraband seized after the effective date of
this subsection.
(12) Contraband seized prior to the effective date of
this subsection may be disposed of in the manner set forth in
paragraph (5) after notice is given to the offender from whom
it was seized and any claimant known to the county adult
probation and parole department. The county adult probation
and parole department shall provide the notice within a
reasonable time prior to holding a hearing at which
abandonment shall be determined.
(13) (i) An appeal of an abandonment determination may
be made by filing an appeal with the court of common
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pleas. The appeal must be received by the court of common
pleas within 30 days of the mailing date of the county
adult probation and parole department's order.
(ii) When a timely appeal of an abandonment
determination has been filed, the abandonment may not be
deemed final for purpose of appeal to a court until the
court has mailed its decision on the appeal.
(iii) The scope of review of an appeal shall be
limited to whether the decision is supported by
substantial evidence, an error of law has been committed
or there has been a violation of constitutional law.
(iv) The failure of an appeal to present with
accuracy, brevity, clearness and specificity whatever is
essential to a ready and adequate understanding of the
factual and legal points requiring consideration shall be
a sufficient reason for denying the appeal.
(v) A second or subsequent appeal and an appeal that
is untimely filed under this paragraph shall not be
received.
(vi) The procedure for appeal contained in this
subsection may not be construed to alter or replace any
procedures provided by law for the timely filing of
appeals to appellate courts.
(14) The county adult probation and parole department
shall annually post a report specifying the abandoned
property or proceeds of the abandoned property obtained under
this section on the county's publicly accessible Internet
website and make the report available as a public document.
The report shall give an accounting of all proceeds derived
from the sale of abandoned property and the use made of
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unsold abandoned property.
* * *
Section 2. This act shall take effect in 60 days.
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