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PRINTER'S NO. 534
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
522
Session of
2017
INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH,
YUDICHAK, FOLMER, MARTIN AND BROWNE, MARCH 16, 2017
REFERRED TO JUDICIARY, MARCH 16, 2017
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in judicial boards and commissions, further
providing for definitions and for publication of guidelines;
in juvenile matters, further providing for inspection of
court files and records; in prisoner litigation, further
providing for prisoner filing fees; in particular rights and
immunities, further providing for immunity of State parole
officers and for immunity of program administrators and
supervisors; in sentencing, further providing for
dispositions of persons found guilty but mentally ill, for
collection of restitution and penalties, for sentencing
proceeding and place of confinement, for information required
upon commitment and subsequent disposition, for transfer of
inmates in need of medical treatment, for applicability, for
registry, for initial registration, for duty to inform, for
assessments, for administration, for global positioning
system technology, for immunity for good faith conduct, for
Pennsylvania State Police, for duties of probation and parole
officials, for duties of facilities housing sexual offenders,
for board and for annual performance audit; in preliminary
provisions, further providing for definitions; in general
administration, providing for powers of peace officers; in
county correctional institutions, further providing for
county recording system; in State intermediate punishment,
further providing for definitions; in community corrections
centers and community corrections facilities, further
providing for definitions, for department, for offenders who
may be housed, for authority of Commonwealth employees, for
authority of chairman and for escape; providing for certain
offenders residing in group-based homes and for reporting;
further providing for probation and parole; in Pennsylvania
Board of Probation and Parole, further providing for
definitions, for administration, for Pennsylvania Board of
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Probation and Parole, for board chairperson, for board
action, for meetings, for offices, for district directors,
for district office employees, for disciplinary action, for
political activities, for advisory committee, for certain
offenders residing in group-based homes, for general powers
of board, for specific powers of board, for probation
services, for sentencing court, for general criteria for
parole, for right of access to inmates, for parole power, for
violation of terms of parole, for parole procedure, for
victim statements, for general rules and special regulations,
for early parole of inmates, for definitions, for status as
peace officers and for supervisory relationship; providing
for supervision of offenders and for agents; in county
probation officers' firearm education and training, further
providing for definitions, for County Probation Officers'
Firearm Education and Training Commission, for commission
membership, for powers and duties of commission, for training
mandatory, for requirements for program participation and for
the County Probation Officers' Firearm Education and Training
Fund; in Interstate Compacts, further providing for
Interstate Compacts, for deputization and for supervisions of
persons paroled by other states; conferring powers and
imposing duties on the Department of Criminal Justice;
providing for the transfer of functions, powers and duties;
and providing for appropriations for the Office of Victim
Advocate.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "board" and "department" in
section 2151.1 of Title 42 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 2151.1. 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 Pennsylvania [Board of Probation and] Parole
Board.
* * *
"Department." The Department of [Corrections] Criminal
Justice of the Commonwealth.
Section 2. Sections 2155(a)(1), 6307(a)(6.2) and (6.5),
6602(c), 8332.7, 8340, 9727(a), (b)(1), (c) and (f)(3), 9728(b)
(3) and (5) and (b.1), 9762(a), (b)(1) and (2), (e) and (i),
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9764, 9777(d)(2) and (g), 9799.13(2), (3.1)(i)(C) and (3.2)
(iii), 9799.16(d), 9799.19(b), (b.1)(2)(iv), (e.2)(2) and (f),
9799.20 introductory paragraph, 9799.24(c), (e)(4) and (g),
9799.29, 9799.30, 9799.31, 9799.32(2), (7), (8) and (9),
9799.33, 9799.34 introductory paragraph, 9799.35(e) and 9799.38
of Title 42 are amended to read:
§ 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
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] Pennsylvania
Parole Board.
(vii) Department of [Corrections] Criminal Justice.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
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(x) Pennsylvania Association on Probation, Parole
and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
* * *
§ 6307. Inspection of court files and records.
(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.2) Officials of the Department of [Corrections]
Criminal Justice or a State Correctional Institution or other
penal institution to which an individual who was previously
adjudicated delinquent in a proceeding under this chapter has
been committed, but the persons in this category shall not be
permitted to see reports revealing the names of confidential
sources of information contained in social reports, except at
the discretion of the court.
* * *
(6.5) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6602. Prisoner filing fees.
* * *
(c) Payment of filing fees.--Following payment of an initial
partial filing fee, the prisoner shall make monthly payments of
20% of the preceding month's income credited to the prisoner's
account. The prison having custody of the prisoner shall deduct
payments from the prisoner's account when the prisoner's account
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balance exceeds $10 until the filing fees are paid in full. The
prison shall forward to the prothonotary the deducted payments
upon deduction, on a monthly basis, or upon complete payment of
the full filing fee if the court so directs. The Department of
[Corrections] Criminal Justice and county prison systems shall
develop written guidelines regarding the priority of payment,
which shall be consistent with law.
* * *
§ 8332.7. Immunity of State parole officers.
(a) Assistance of law enforcement personnel.--In addition to
the provisions of section 27 of the act of August 6, 1941
(P.L.861, No.323), referred to as the Pennsylvania Board of
Probation and Parole Law, or any other law, any parole officer
appointed by the Pennsylvania [Board of Probation and] Parole
Board who, after obtaining permission in advance from a person
authorized by the Pennsylvania [Board of Probation and] Parole
Board, assists Federal, State or local law enforcement officers
or agents or county probation officers in the lawful performance
of their duties shall be considered to be acting within the
scope of his official duty for all purposes of law and shall
enjoy any benefit or immunity conferred upon an employee of the
Commonwealth.
(b) Assistance of criminal victims.--In addition to any
other immunity provided by law, any parole officer appointed by
the Pennsylvania [Board of Probation and] Parole Board who is
entitled to immunity under section 8331.3 (relating to criminal
victim aid good Samaritan civil immunity) as a result of
providing assistance to a victim of a crime shall be considered
to be acting within the scope of his official duty while
providing assistance to the victim for all purposes of law and
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shall enjoy any benefit or immunity conferred upon an employee
of the Commonwealth.
§ 8340. Immunity of program administrators and supervisors.
Any probation officer or agent of the Pennsylvania [Board of
Probation and] Parole Board and any public service or charitable
agency or organization or political subdivision, or any official
or employee thereof, supervising or administering any
restitution or community service program approved by the court
of common pleas or the Pennsylvania [Board of Probation and]
Parole Board shall be immune from any civil action for damages
brought by or on behalf of any person involved in the program or
damages caused by any person involved in the program. Nothing in
this section shall be construed to limit or otherwise affect or
preclude liability resulting from gross negligence or
intentional misconduct or reckless misconduct.
§ 9727. Disposition of persons found guilty but mentally ill.
(a) Imposition of sentence.--A defendant found guilty but
mentally ill or whose plea of guilty but mentally ill is
accepted under the provisions of 18 Pa.C.S. § 314 (relating to
guilty but mentally ill) may have any sentence imposed on him
which may lawfully be imposed on any defendant convicted of the
same offense. Before imposing sentence, the court shall hear
testimony and make a finding on the issue of whether the
defendant at the time of sentencing is severely mentally
disabled and in need of treatment pursuant to the provisions of
the act of July 9, 1976 (P.L.817, No.143), known as the
["Mental] Mental Health Procedures [Act."] Act.
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
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with available resources, be provided such treatment as is
psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the Bureau of
Correction, by the county or by the Department of [Public
Welfare] Human Services in accordance with the ["Mental]
Mental Health Procedures [Act."] Act.
* * *
(c) Discharge report.--When a treating facility designated
by either the Bureau of Correction or the Department of [Public
Welfare] Human Services discharges such a defendant from
treatment prior to the expiration of his maximum sentence, that
treating facility shall transmit to the Pennsylvania [Board of
Probation and] Parole Board, the correctional facility or county
jail to which the offender is being returned and the sentencing
judge a report on the condition of the offender together with
the reasons for its judgments, which describes:
(1) The defendant's behavior.
(2) The course of treatment.
(3) The potential for recurrence of the behavior.
(4) The potential for danger to himself or the public.
(5) Recommendations for future treatment.
* * *
(f) Probation.--
* * *
(3) Treatment shall be provided by an agency approved by
the Department of [Public Welfare] Human Services or, with
the approval of the sentencing court and at individual
expense, by private agencies, private physicians or other
mental health personnel. A mental health status report,
containing the information set forth in subsection (c), shall
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be filed with the probation officer and the sentencing court
every three months during the period of probation. If a
motion on a petition to discontinue probation is made by the
defendant, the probation officer shall request a report as
specified from the treating facility.
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
* * *
(b) Procedure.--
* * *
(3) The county clerk of courts shall, upon sentencing,
pretrial disposition or other order, transmit to the
Department of Probation of the respective county or other
agent designated by the county commissioners of the county
with the approval of the president judge of the county and to
the county correctional facility to which the offender has
been sentenced or to the Department of [Corrections] Criminal
Justice, whichever is appropriate, copies of all orders for
restitution and amendments or alterations thereto,
reparation, fees, costs, fines and penalties. This paragraph
also applies in the case of costs imposed under section
9721(c.1) (relating to sentencing generally).
* * *
(5) The county correctional facility to which the
offender has been sentenced or the Department of
[Corrections] Criminal Justice shall be authorized to make
monetary deductions from inmate personal accounts for the
purpose of collecting restitution or any other court-ordered
obligation or costs imposed under section 9721(c.1). Any
amount deducted shall be transmitted by the Department of
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[Corrections] Criminal Justice or the county correctional
facility to the probation department of the county or other
agent designated by the county commissioners of the county
with the approval of the president judge of the county in
which the offender was convicted. The Department of
[Corrections] Criminal Justice shall develop guidelines
relating to its responsibilities under this paragraph.
(b.1) Restitution file.--Upon receipt of each order from the
clerk of courts as provided in subsection (b)(3), the department
of probation of the respective county or other agent designated
by the county commissioners of the county with the approval of
the president judge of the county shall open a restitution file
for the purposes of recording the amounts of restitution
deducted by the Department of [Corrections] Criminal Justice or
county correctional facility or collected by the department of
probation or the agent designated by the county commissioners of
the county with the approval of the president judge of the
county.
* * *
§ 9762. Sentencing proceeding; place of confinement.
(a) Sentences or terms of incarceration imposed before a
certain date.--For the three-year period beginning on the
effective date of this subsection, all persons sentenced to
total or partial confinement for the following terms shall be
committed as follows:
(1) Maximum terms of five or more years shall be
committed to the Department of [Corrections] Criminal Justice
for confinement.
(2) Maximum terms of two years or more but less than
five years may be committed to the Department of
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[Corrections] Criminal Justice for confinement or may be
committed to a county prison within the jurisdiction of the
court.
(3) Maximum terms of less than two years shall be
committed to a county prison within the jurisdiction of the
court.
(b) Sentences or terms of incarceration imposed after a
certain date.--All persons sentenced three or more years after
the effective date of this subsection to total or partial
confinement shall be committed as follows:
(1) Maximum terms of five or more years shall be
committed to the Department of [Corrections] Criminal Justice
for confinement.
(2) Maximum terms of two years or more but less than
five years shall be committed to the Department of
[Corrections] Criminal Justice for confinement, except upon a
finding of all of the following:
(i) The chief administrator of the county prison, or
the administrator's designee, has certified that the
county prison is available for the commitment of persons
sentenced to maximum terms of two or more years but less
than five years.
(ii) The attorney for the Commonwealth has consented
to the confinement of the person in the county prison.
(iii) The sentencing court has approved the
confinement of the person in the county prison within the
jurisdiction of the court.
* * *
(e) Reimbursement.--Beginning three years after the
effective date of this subsection:
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(1) The Department of [Corrections] Criminal Justice
shall reimburse to the counties the reasonable cost of
confinement of every Level 4 or 5 offender as identified in
the Basic Sentencing Matrix promulgated by the Pennsylvania
Commission on Sentencing who is participating in an approved
work release program. The reimbursement per prisoner shall
not exceed the average per-prisoner cost of confinement paid
by the Commonwealth for the confinement of prisoners in the
Department of [Corrections] Criminal Justice. No more than
$2,500,000 shall be expended annually for this purpose.
Reimbursement shall be made on a pro rata basis if the total
dollar amount of eligible confinement costs exceeds
$2,500,000. Nothing in this paragraph shall prevent more than
$2,500,000 being appropriated for this purpose. Reimbursement
shall be made on a pro rata basis if the total dollar amount
of eligible confinement costs exceeds any additional
appropriation. A county shall not be reimbursed under this
section for any offender participating in an approved work
release program for whom the county is being or has been
reimbursed from any other State funds regardless of their
source.
(2) County prisons may require reimbursements from other
county prisons or the Department of [Corrections] Criminal
Justice for inmates voluntarily accepted for incarceration at
mutually agreeable rates. The Department of [Corrections]
Criminal Justice shall maintain a list of those counties
willing to accept voluntary placement of out-of-county
inmates.
* * *
(i) Prohibition.--Notwithstanding any other provision of
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law, no person sentenced to total or partial confinement after
the effective date of this subsection shall be committed to the
Department of [Corrections] Criminal Justice unless:
(1) the aggregate sentence consists of a conviction for
an offense graded as a misdemeanor of the second degree or
higher; or
(2) the Secretary of [Corrections] Criminal Justice or
the secretary's designee has consented to the commitment.
* * *
§ 9764. Information required upon commitment and subsequent
disposition.
(a) General rule.--Upon commitment of an inmate to the
custody of the Department of [Corrections] Criminal Justice, the
sheriff or transporting official shall provide to the
institution's records officer or duty officer, in addition to a
copy of the court commitment form DC-300B generated from the
Common Pleas Criminal Court Case Management System of the
unified judicial system, the following information:
(1) Record of adjustment in the county correctional
facility, including, but not limited to, misconducts and
escape history.
(2) Any current medical or psychological condition
requiring treatment, including, but not limited to, suicide
attempts.
(3) All medical records of the county correctional
institution relating to the inmate to the extent that those
records may be disclosed under Federal and State law. The
records shall include admission testing performed by the
county and the results of those tests and any testing related
to hepatitis, HIV/AIDS, tuberculosis or other infectious
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disease testing.
(4) Notice of current or previously administered
medications.
(5) A 48-hour supply of current medications.
(6) A written statement by the county correctional
institution relating to any sentencing credit to which the
inmate may be entitled.
(7) A written statement by the county correctional
institution setting forth all of the following:
(i) The dates on which the inmate was incarcerated.
(ii) The charges pending against the inmate with the
offense tracking number.
(iii) The date on which the inmate was released on
bail, if any, and a copy of the bail order.
(8) A copy of the sentencing order and any detainers
filed against the inmate which the county has notice.
(b) Additional information.--Within ten days from the date
sentence is imposed, the court shall provide to the county
correctional facility the following information pertaining to
the inmate:
(1) A copy of the presentence investigation report.
Where a presentence investigation report was not ordered by
the court, the official version of the crime for which the
inmate was convicted or a copy of the guilty plea transcript
or preliminary hearing transcript.
(2) The criminal complaint or affidavit of probable
cause accompanying the arrest warrant.
(4) A copy of the completed guideline sentence form.
(5) All of the following:
(i) A written, sealed sentencing order from the
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county.
(ii) The sentencing colloquy sealed by the court.
(iii) Court commitment orders.
(iv) The Court Commitment Form DC-300B generated
from the Common Pleas Criminal Court Case Management
System of the unified judicial system.
(v) Any detainers filed against the inmate of which
the county has notice.
(c) Transmittal of additional inmate documentation.--If a
document provided by the court under subsection (b) is received
by the county correctional institution after the inmate is
transferred to the custody of the Department of [Corrections]
Criminal Justice, the document shall be transmitted to the
Department of [Corrections] Criminal Justice within 20 calendar
days of its receipt.
(c.1) Implementation.--
(1) The Department of [Corrections] Criminal Justice may
refuse to accept custody of an inmate for whom the sheriff or
transporting official does not provide the information under
subsection (a) under the following circumstances:
(i) The county correctional facility has a pattern
or practice of not providing the information mandated
under this section.
(ii) The Department of [Corrections] Criminal
Justice has previously notified the chief administrator
of the county correctional facility, the county
commissioners, the county sheriff and the president judge
of the county of the specific deficiencies that
constitute a pattern or practice.
(iii) The Department of [Corrections] Criminal
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Justice has provided the county with a reasonable period
of time to provide the documentation.
(iv) The Department of [Corrections] Criminal
Justice has notified the officials designated under
subparagraph (ii) of the intent to refuse to accept
inmates without documentation as of a specified date that
shall be no sooner than 30 days after the service of the
notification.
(2) In cases of a refusal to accept custody of an inmate
under this subsection, the sheriff or transporting official
shall return the inmate to the sending county correctional
institution, which shall accept custody of the inmate. The
inmate may be recommitted to the custody of the Department of
[Corrections] Criminal Justice upon provision of the
documentation required under subsection (a).
(3) The Department of [Corrections] Criminal Justice,
board and a county correctional facility shall not be liable
for compensatory, punitive or other damages for relying in
good faith on any sentencing order or court commitment form
DC-300B generated from the Common Pleas Criminal Court Case
Management System of the unified judicial system or otherwise
transmitted to them.
(c.2) Effect of electronic transfer of information.--
Notwithstanding any electronic transfer of information which may
occur, the Department of [Corrections] Criminal Justice, in its
discretion, may require actual sealed court orders to the extent
that they relate to the commitment, term of sentence or other
matter that may affect the fact or duration of confinement.
(d) Transfer to county facility.--Upon transfer of an inmate
from a State correctional institution to a county correctional
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facility, the Department of [Corrections] Criminal Justice shall
provide to the county facility, unless the facility prior to the
time of transfer agrees to accept the inmate without the
information, the record of the inmate's institutional
adjustment, including, but not limited to, misconducts and/or
escape history, and written notice of any current medical or
psychological condition requiring treatment, including, but not
limited to, suicide attempts, notice of current or previously
ordered medication and a 48-hour supply of current medication.
(e) Release by Department of [Corrections] Criminal
Justice.--Prior to the release of an inmate from the Department
of [Corrections] Criminal Justice to State parole supervision,
the Department of [Corrections] Criminal Justice shall provide
to the [Board of Probation and] Pennsylvania Parole Board the
information contained in subsections (a)(1) and (2) and (b).
(f) Release from county correctional facility to State
probation or parole.--
(1) Prior to the release of an inmate from a county
correctional facility to State probation or parole
supervision, the facility shall provide to the [Board of
Probation and] Pennsylvania Parole Board the information
contained in subsections (a)(1) through (4) and (b).
(2) Prior to the release of an inmate from a county
correctional facility to State probation or parole
supervision, the facility shall provide to the inmate his
current medications as prescribed and any customary and
necessary medical supplies as determined by the prescribing
physician.
(g) Release from county correctional facility to county
probation or parole.--
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(1) Prior to the release of an inmate from a county
correctional facility to county probation or parole
supervision, the facility shall provide to the county
probation department the information contained in subsections
(a)(1) through (4) and (b).
(2) Prior to the release of an inmate from a county
correctional facility to county probation or parole
supervision, the facility shall provide to the inmate his
current medications as prescribed and any customary and
necessary medical supplies as determined by the prescribing
physician.
(h) Record of inmate moneys.--Prior to the release of an
inmate from the Department of [Corrections] Criminal Justice to
State parole supervision, the department shall provide to the
[Board of Probation and] Pennsylvania Parole Board a record of
any moneys paid by the inmate and any balance remaining towards
satisfaction of restitution or any other court-ordered financial
obligations. Prior to the release of an inmate from a county
correctional facility to State parole supervision, the county
correctional facility shall provide to the [Board of Probation
and] Pennsylvania Parole Board a record of any moneys paid by
the inmate and any balance remaining towards the satisfaction of
restitution or any other court-ordered financial obligations.
Prior to the release of an inmate from a county correctional
facility to county parole supervision, the facility shall
provide to the county probation department or other agent
designated by the county commissioners of the county with the
approval of the president judge of the county a record of any
moneys paid by the inmate and any remaining balance towards the
satisfaction of restitution and any other court-ordered
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financial obligations.
(i) Continuing payments.--The [Board of Probation and]
Pennsylvania Parole Board shall require as a condition of parole
that any inmate released to their supervision shall make
continuing payments on restitution or any other court-ordered
financial obligations. The sentencing court shall require as a
condition of county parole that any inmate released to the
supervision of the county probation department shall make
continuing payments of restitution or any other court-ordered
financial obligations.
(j) Release after maximum sentence.--Upon release of an
inmate from the Department of [Corrections] Criminal Justice at
the expiration of his maximum sentence, the Department of
[Corrections] Criminal Justice shall transmit to the county
probation department or other agent designated by the county
commissioners of the county with the approval of the president
judge of the county in which the inmate was convicted a record
of any moneys paid by the inmate and any outstanding amounts
owed by the inmate towards satisfaction of restitution or any
other court-ordered financial obligations.
(k) Procedures.--The Department of [Corrections] Criminal
Justice and the Pennsylvania [Board of Probation and] Parole
Board shall develop procedures to implement the provisions of
this section.
(l) Application.--This section shall apply to offenders
transferred to or released from a State or county correctional
facility after the effective date of this section.
§ 9777. Transfer of inmates in need of medical treatment.
* * *
(d) Notice.--
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* * *
(2) The sentencing court shall forward notice of any
order entered under this section placing an inmate in a
hospital, long-term care nursing facility or hospice care
location to the hospital, long-term care nursing facility or
hospice care location and to the Department of [Public
Welfare] Human Services.
* * *
(g) 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:
"Chief administrator." As defined under 61 Pa.C.S. § 102
(relating to definitions).
"Department." The Department of [Corrections] Criminal
Justice of the Commonwealth.
"Hospice care location." A home, independent living
environment or inpatient setting that provides a coordinated
program of palliative and supportive services through a licensed
hospice care provider.
"Hospital." An entity licensed as an acute-care general
hospital, a specialty hospital or a rehabilitation hospital
under the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Licensed hospice care provider." A hospice as defined under
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
"Long-term care nursing facility." A long-term care nursing
facility as defined under section 802.1 of the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Prosecuting attorney." The Office of Attorney General of
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the Commonwealth or the office of a district attorney of a
county who represented the Commonwealth at the most recent
sentencing of an inmate.
"Sentencing court." The trial judge who most recently
sentenced an inmate or, if the trial judge is no longer serving
as a judge of that court, the president judge of the county
court of common pleas.
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
* * *
(2) An individual who, on or after the effective date of
this section, is, as a result of a conviction for a sexually
violent offense, an inmate in a State or county correctional
institution of this Commonwealth, including a community
corrections center or a community contract facility, is being
supervised by the [Pennsylvania Board of Probation and
Parole] Department of Criminal Justice or county probation or
parole, is subject to a sentence of intermediate punishment
or has supervision transferred pursuant to the Interstate
Compact for Adult Supervision in accordance with section
9799.19(g).
* * *
(3.1) The following:
(i) An individual who between January 23, 2005, and
December 19, 2012, was:
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* * *
(C) under the supervision of the Pennsylvania
[Board of Probation and] Parole Board or county
probation or parole as a result of a conviction for a
sexually violent offense.
* * *
(3.2) An individual who between December 8, 2008, and
December 19, 2012, was:
* * *
(iii) under the supervision of the Pennsylvania
[Board of Probation and] Parole Board or county probation
or parole as a result of a conviction for conspiracy or
solicitation to commit a sexually violent offense as
defined in paragraph (3.1).
* * *
§ 9799.16. Registry.
* * *
(d) Cooperation.--There shall be cooperation between the
Pennsylvania State Police, State and county correctional
institutions, the Pennsylvania [Board of Probation and] Parole
Board, the county office of probation and parole, any court with
jurisdiction over a sexual offender, the chief juvenile
probation officer of the court, juvenile probation and parole
and the Department of [Public Welfare] Human Services to ensure
that the information set forth in subsections (b) and (c) is
provided and placed in the registry.
§ 9799.19. Initial registration.
* * *
(b) Initial registration if incarcerated within Commonwealth
or by Federal Court on effective date of section.--The following
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apply:
(1) If the individual is, prior to the effective date of
this section, incarcerated in a Federal, State or county
correctional facility, the individual shall provide the
information set forth in section 9799.16(b) (relating to
registry) to the appropriate official of the Federal, State
or county correctional facility or the Pennsylvania [Board of
Probation and] Parole Board for inclusion in the registry
before being released due to:
(i) the expiration of sentence, in which case the
information shall be collected no later than ten days
prior to the maximum expiration date;
(ii) parole;
(iii) State or county intermediate punishment where
the sentence is restrictive and the individual is
sentenced to a period of incarceration in a State or
county correctional institution or a work release
facility; or
(iv) special probation supervised by the
Pennsylvania [Board of Probation and] Parole Board.
(2) For individuals set forth in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania [Board of Probation
and] Parole Board shall collect and forward the information
in section 9799.16(b) to the Pennsylvania State Police. The
appropriate official shall, in addition, ensure that the
information set forth in section 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
in section 9799.16(b) and (c) shall be included in the
registry. With respect to individuals released under
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paragraph (1)(ii), (iii) or (iv), the State or county
correctional facility shall not release the individual until
it receives verification from the Pennsylvania State Police
that it has received the information set forth in section
9799.16(b) and (c). Verification may take place by electronic
means. With respect to individuals released under paragraph
(1)(i), if the individual refuses to provide the information
set forth in section 9799.16(b), the State or county
correctional institution shall notify the Pennsylvania State
Police or the municipal police department with jurisdiction
over the facility of the failure to provide the information
and of the expected date, time and location of the release of
the individual.
(b.1) Initial registration if sentenced to a county or State
correctional facility on or after the effective date of
section.--If the individual is, on or after the effective date
of this section, sentenced to a period of incarceration in a
county or State correctional facility, the individual shall
provide the information set forth in section 9799.16(b) as
follows:
* * *
(2) If the individual is incarcerated in a State
correctional facility or county correctional facility, the
correctional facility shall notify the Pennsylvania State
Police, not more than 30 days in advance of, but not later
than ten days prior to, the individual's release from the
correctional facility. The following apply:
* * *
(iv) In the case of parole, State or county
intermediate punishment where the sentence is restrictive
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and the individual is sentenced to a period of
incarceration in a State or county correctional
institution or work release facility or special probation
supervised by the Pennsylvania [Board of Probation and]
Parole Board, the correctional facility may not release
the individual until the correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
set forth in section 9799.16(b) and (c). Verification by
the Pennsylvania State Police may occur by electronic
means.
* * *
(e.2) Initial registration for county or State [parolees]
offenders on the effective date of this section.--
* * *
(2) If the individual is, on the effective date of this
section, already serving a sentence of State parole, the
Pennsylvania [Board of Probation and] Parole Board shall
register the individual within 48 hours. The appropriate
official of the Pennsylvania [Board of Probation and] Parole
Board shall collect the information set forth in section
9799.16(b) from the individual and forward the information to
the Pennsylvania State Police. The Pennsylvania State Police
shall ensure that the information set forth in section
9799.16(c) is collected. The information in section
9799.16(b) and (c) shall be included in the registry. If the
individual fails to comply, the appropriate official of the
Pennsylvania [Board of Probation and] Parole Board shall
notify the Pennsylvania State Police.
(f) Initial registration if being supervised by
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Commonwealth under Interstate Compact for Adult Offender
Supervision.--If an individual is in this Commonwealth and is
being supervised by the [State Board of Probation and]
Pennsylvania Parole Board or the county office of probation and
parole pursuant to the Interstate Compact for Adult Offender
Supervision, the following apply:
(1) If the individual is being supervised under the
compact after the effective date of this section, the
individual shall provide the information set forth in section
9799.16(b) to the appropriate official of the [State Board of
Probation and] Pennsylvania Parole Board or the county office
of probation and parole for inclusion in the registry. The
appropriate official shall collect the information set forth
in section 9799.16(b) and forward the information to the
Pennsylvania State Police. The appropriate official shall, in
addition, ensure that the information set forth in section
9799.16(c) is collected and forwarded to the Pennsylvania
State Police. If the individual fails to provide the
information in section 9799.16(b), the appropriate official
of the [State Board of Probation and] Pennsylvania Parole
Board or county office of probation and parole shall notify
the Pennsylvania State Police.
(2) If the individual is being supervised under the
compact on the effective date of this section, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of the effective date of this section. The appropriate
official of the Pennsylvania [Board of Probation and] Parole
Board or the county office of probation and parole shall
ensure that the individual has appeared at an approved
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registration site as set forth in this paragraph. If the
individual fails to appear, the appropriate official shall
notify the Pennsylvania State Police. The appropriate
official shall, in addition, ensure the information set forth
in section 9799.16(c) is collected and forwarded to the
Pennsylvania State Police.
* * *
§ 9799.20. Duty to inform.
In order to implement the provisions of section 9799.19
(relating to initial registration), as appropriate, the
Pennsylvania State Police, the court having jurisdiction over
the sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the Pennsylvania [Board of
Probation and] Parole Board, county office of probation and
parole, the Department of [Public Welfare] Human Services or a
State or county correctional institution shall:
* * *
§ 9799.24. Assessments.
* * *
(c) Release of information.--All State, county and local
agencies, offices and entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing copies
of records and information as requested by the board in
connection with the court-ordered assessment and the assessment
requested by the Pennsylvania [Board of Probation and] Parole
Board or the assessment of a delinquent child under section 6358
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board). For assessments of
delinquent children conducted by the board pursuant to section
6358 from January 23, 2005, to December 19, 2012, all State,
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county and local agencies, offices and entities, including
juvenile probation officers, are subject to the release of
information requirements set forth in this subsection.
* * *
(e) Hearing.--
* * *
(4) A copy of the order containing the determination of
the court shall be immediately submitted to the individual,
the district attorney, the Pennsylvania [Board of Probation
and] Parole Board, the Department of [Corrections] Criminal
Justice, the board and the Pennsylvania State Police.
* * *
(g) Parole assessment.--The Pennsylvania [Board of Probation
and] Parole Board may request of the board that an assessment of
a sexual offender be conducted and that a report be provided to
the Pennsylvania [Board of Probation and] Parole Board prior to
considering a sexual offender for parole.
* * *
§ 9799.29. Administration.
The Governor shall direct the Pennsylvania State Police, the
Pennsylvania [Board of Probation and] Parole Board, the board,
the Department of [Corrections] Criminal Justice, the Department
of Transportation and any other agency of the Commonwealth that
the Governor deems necessary to collaboratively design, develop
and implement an integrated and secure system of communication,
storage and retrieval of information to assure the timely,
accurate and efficient administration of this subchapter.
§ 9799.30. Global positioning system technology.
The [Pennsylvania Board of Probation and Parole] Department
of Criminal Justice and the agents of the Department of Criminal
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Justice and county probation authorities may impose supervision
conditions that include tracking through global positioning
system technology.
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
(1) Agents and employees of the Pennsylvania State
Police and local law enforcement agencies.
(2) District attorneys and their agents and employees.
(3) Superintendents, administrators, teachers, employees
and volunteers engaged in the supervision of children of any
public, private or parochial school.
(4) Directors and employees of county children and youth
agencies.
(5) Presidents or similar officers of universities and
colleges, including community colleges.
(6) The Pennsylvania [Board of Probation and] Parole
Board and its agents and employees.
(7) County probation and parole offices and their agents
and employees.
(8) Licensees of certified day-care centers and
directors of licensed preschool programs and owners and
operators of registered family day-care homes and their
agents and employees.
(9) The Department of [Corrections] Criminal Justice and
its agents and employees.
(10) County correctional facilities and their agents and
employees.
(11) The board and its members, agents and employees.
(12) Juvenile probation offices and their agents and
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employees.
(13) The Department of [Public Welfare] Human Services
and its agents and employees.
(14) Institutions or facilities set forth in section
6352(a)(3) (relating to disposition of delinquent child) and
their agents and employees.
(15) The unit owners' association of a common interest
community and its agents and employees as it relates to
distributing information regarding section 9799.27(b)(1)
(relating to other notification).
§ 9799.32. Pennsylvania State Police.
The Pennsylvania State Police have the following duties:
* * *
(2) In consultation with the Department of [Corrections]
Criminal Justice, the Office of Attorney General, the
Juvenile Court Judges' Commission, the Administrative Office
of Pennsylvania Courts, the Pennsylvania [Board of Probation
and] Parole Board and the chairman and minority chairman of
the Judiciary Committee of the Senate and the chairman and
minority chairman of the Judiciary Committee of the House of
Representatives, to promulgate guidelines necessary for the
general administration of this subchapter. These guidelines
shall establish procedures to allow an individual subject to
the requirements of this subchapter, including a transient,
to fulfill these requirements at approved registration sites
throughout this Commonwealth. The Pennsylvania State Police
shall publish a list of approved registration sites in the
Pennsylvania Bulletin and provide a list of approved
registration sites in any notice sent to individuals required
to register under this subchapter. An approved registration
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site shall be capable of submitting fingerprints, palm
prints, DNA samples and any other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in such form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites set forth in this paragraph.
* * *
(7) In consultation with the Department of Education
[and], the Pennsylvania [Board of Probation and Parole,]
Parole Board and the Department of Criminal Justice, to
promulgate guidelines directing licensed day-care centers,
licensed preschool programs, schools, universities and
colleges, including community colleges, on the proper use and
administration of information received under section 9799.27.
(8) In consultation with the Department of [Corrections]
Criminal Justice and the Pennsylvania [Board of Probation
and] Parole Board, to promulgate guidelines directing State
and county correctional facilities and State and county
probation and parole offices regarding the completion of
information, including the taking of photographs, required by
sexual offenders under this subchapter.
(9) In consultation with the Administrative Office of
Pennsylvania Courts, the Department of [Public Welfare] Human
Services and the Juvenile Court Judges' Commission, to
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promulgate guidelines regarding the completion of information
required by juvenile offenders and sexually violent
delinquent children under this subchapter.
§ 9799.33. Duties of probation and parole officials.
(a) Duties.--The Pennsylvania [Board of Probation and
Parole,] Parole Board, the Department of Criminal Justice, the
county office of probation and parole and the chief juvenile
probation officer of the court shall:
(1) Perform their respective duties set forth for the
Pennsylvania [Board of Probation and Parole,] Parole Board,
the Department of Criminal Justice, the county office of
probation and parole and the chief juvenile probation officer
of the court in accordance with section 9799.19 (relating to
initial registration).
(2) On a form prescribed by the Pennsylvania State
Police, notify the Pennsylvania State Police each time a
sexual offender is arrested, recommitted to a State or county
correctional institution for a parole violation or
incarcerated.
(b) Notification form.--The Pennsylvania [Board of Probation
and] Parole Board and the Department of Criminal Justice shall
create a notification form which will inform [State and] county
prison and probation and parole personnel how to inform sexual
offenders of their duties under this subchapter. In addition,
the [Pennsylvania Board of Probation and Parole] Department of
Criminal Justice shall apply for Federal funding as provided in
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248, 120 Stat. 587) to support and enhance programming
using global satellite positioning system technology.
§ 9799.34. Duties of facilities housing sexual offenders.
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The Department of [Corrections] Criminal Justice, a county
correctional facility, an institution or facility set forth in
section 6352(a)(3) (relating to disposition of delinquent child)
and the separate, State-owned facility or unit established under
Chapter 64 (relating to court-ordered involuntary treatment of
certain sexually violent persons) shall have the following
duties:
* * *
§ 9799.35. Board.
* * *
(e) Staff.--Support staff for the board shall be provided by
the [Pennsylvania Board of Probation and Parole] Department of
Criminal Justice.
§ 9799.38. Annual performance audit.
(a) Duties of the Attorney General.--The Attorney General
has the following duties:
(1) To conduct a performance audit annually to determine
compliance with the requirements of this subchapter and any
guidelines promulgated under this subchapter. The audit
shall, at a minimum, include a review of the practices,
procedures and records of the Pennsylvania State Police, the
Pennsylvania [Board of Probation and] Parole Board, the
Department of [Corrections] Criminal Justice, the board, the
Administrative Office of Pennsylvania Courts and any other
State or local agency the Attorney General deems necessary in
order to conduct a thorough and accurate performance audit.
(2) To prepare an annual report of its findings and any
action that it recommends be taken by the Pennsylvania State
Police, the Pennsylvania [Board of Probation and] Parole
Board, the Department of [Corrections] Criminal Justice, the
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board, the Administrative Office of Pennsylvania Courts,
other State or local agencies and the General Assembly to
ensure compliance with this subchapter. The first report
shall be released to the general public no fewer than 18
months following the effective date of this section.
(3) To provide a copy of its report to the Pennsylvania
State Police, the Pennsylvania [Board of Probation and]
Parole Board, the Department of [Corrections] Criminal
Justice, the board, the Administrative Office of Pennsylvania
Courts, State or local agencies referenced in the report, the
chairman and the minority chairman of the Judiciary Committee
of the Senate and the chairman and the minority chairman of
the Judiciary Committee of the House of Representatives no
fewer than 30 days prior to its release to the general
public.
(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State Police,
the Pennsylvania [Board of Probation and] Parole Board, the
Department of [Corrections] Criminal Justice, the board, the
Administrative Office of Pennsylvania Courts, the Pennsylvania
Commission on Sentencing and any other State or local agency
requested to do so shall fully cooperate with the Attorney
General and assist the Office of Attorney General in satisfying
the requirements of this section. For purposes of this
subsection, full cooperation shall include, at a minimum,
complete access to unredacted records, files, reports and data
systems.
Section 3. The definitions of "board," "department" and
"secretary" in section 102 of Title 61 are amended and the
section is amended by adding definitions to read:
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§ 102. Definitions.
The following words and phrases when used in this title shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
Board.
* * *
"Department." The Department of [Corrections] Criminal
Justice of the Commonwealth.
* * *
"Offender." An individual that has been convicted or found
guilty of a criminal offense by a judge or jury or an individual
that pleads guilty or nolo contendere to a criminal offense at
any time in a court of record.
"Official website." The official Internet website designated
by a municipality or county as its primary method of
electronically communicating with the public about its official
business.
"Parole violator center." An area within the secure
perimeter or on the grounds of a State correctional institution
or contracted county jail that has been designated to house
offenders detained or recommitted by the board for a technical
parole violation.
"Secretary." The Secretary of [Corrections] Criminal Justice
of the Commonwealth.
* * *
Section 4. Title 61 is amended by adding a section to read:
§ 1106. Powers of peace officers.
A chief administrator, deputy superintendent or corrections
officer of a State correctional facility may exercise the powers
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of a peace officer in the performance of that individual ' s
duties generally in:
(1) Guarding, protecting and delivering inmates.
(2) Protecting the property and interests of the
department.
(3) Capturing and returning inmates that may have
escaped.
Section 5. Section 1758(c) of Title 61 is amended to read:
§ 1758. County recording system for application of restraints
to pregnant prisoners or detainees.
* * *
(c) 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:
"County Extraordinary Occurrence Monthly Report." A
collection of statistics and other information by the department
on designated report forms or by other available approved
methods for the collection of such incident information under
this section and in accordance with written local policy
providing for the collection of population information
prescribed by 37 Pa. Code 95.242 (relating to Statistical/
informational reporting).
"Department." The Department of [Corrections] Criminal
Justice of the Commonwealth.
Section 6. (Reserved).
Section 7. The definition of "department" in section 4103 of
Title 61 is 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
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context clearly indicates otherwise:
* * *
["Department." The Department of Corrections of the
Commonwealth.]
* * *
Section 8. Sections 5001, 5002, 5003, 5004, 5005 and 5006 of
Title 61 are amended to read:
§ 5001. 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.]
"Chairman." The chairman of the Pennsylvania [Board of
Probation and] Parole Board.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
this chapter.
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) houses offenders pursuant to a contract with the
department; and
(2) is operated in accordance with this chapter.
"Group-based home." Any nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
§ 5002. Department.
The department may do all of the following:
(1) Establish community corrections centers at locations
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throughout this Commonwealth approved by the Governor.
(2) Enter into contracts with private vendors to operate
community corrections facilities.
(3) Establish parole violator centers.
§ 5003. Offenders who may be housed.
The following offenders may be housed in community
corrections centers, parole violator centers and community
corrections facilities:
(1) [A parolee under the jurisdiction of] An offender
paroled by the board who is in good standing [with the board]
as defined in section 6101 (relating to definitions) .
(2) [A parolee in accordance with the following] An
offender paroled by the board who:
(i) Except as provided in subparagraph (ii), [a
parolee under the jurisdiction of the board who] is
detained or awaiting a hearing or who has been
recommitted for a technical violation of the conditions
of [parole established by the board] supervision if the
[parolee] offender is eligible to be housed in a
community corrections center, parole violator center or
community corrections facility under section 6138
(relating to violation of terms of parole).
(ii) Subparagraph (i) shall not apply to [a parolee
under the jurisdiction of the board] an offender paroled
by the board who is detained or awaiting a hearing or who
has been recommitted for a technical violation of the
conditions of [parole] supervision established by the
board as a result of the commission of a new crime of
which the [parolee] offender is convicted or found guilty
by a judge or jury or to which the [parolee] offender
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pleads guilty or nolo contendere in a court of record.
(3) An offender who is serving the community-based
portion of a sentence of State intermediate punishment may be
housed in a community corrections center or a community
corrections facility.
(4) An offender who has been granted clemency by the
Governor may be housed in a community corrections center or a
community corrections facility.
[(5) Inmates transferred by the department under Chapter
37 (relating to inmate prerelease plans). This paragraph
shall expire July 1, 2013.]
§ 5004. Authority of Commonwealth employees.
Commonwealth employees of community corrections centers and
parole violator cen ters and other Commonwealth employees[,
while] present in community corrections facilities, have the
authority to do all of the following:
(1) In order to maintain security and to enforce the
rules of the community corrections center, parole violator
center or community corrections facility:
(i) search the person and property of an offender
residing in the community corrections center, parole
violator center or community corrections facility;
(ii) seize property from an offender residing in the
community corrections center, parole violator center or
community corrections facility; and
(iii) if necessary, use reasonable force against an
offender residing in the community corrections center or
community corrections facility.
(2) Detain, by using reasonable force if necessary, an
offender residing in the community corrections center, parole
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violator center or community corrections facility [in order]
to maintain control of the offender pending the arrival of a
department parole agent, police officer or other appropriate
law enforcement officer.
§ 5005. Authority of chairman.
The chairman has the following authority:
[(1) Designate community corrections centers or
community corrections facilities where parolees are to be
housed.
(2) Determine whether parolees are to be housed in a
secured or unsecured portion of a community corrections
center or community corrections facility.]
(3) Determine, jointly with the [Secretary of the
Department of Corrections] secretary, using evidence-based
practices designed to reduce the likelihood of recidivism and
improve public safety, the appropriate treatment and
programming for [parolees] offenders paroled by the board who
are housed at community corrections centers, parole violator
centers and community corrections facilities.
(4) Audit, jointly with the secretary, the performance
of treatment and services provided by community corrections
centers, parole violator centers and community corrections
facilities.
§ 5006. Escape.
An [individual committed to] offender detained or recommitted
to a community corrections center, parole violator center or a
community corrections facility as a result of a parole violation
shall be deemed to be in official detention under 18 Pa.C.S. §
5121 (relating to escape). An offender living in a community
corrections center or community corrections facility while in
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good standing on parole shall not be deemed to be in official
detention under 18 Pa.C.S. § 5121.
Section 9. Title 61 is amended by adding sections to read:
§ 5007. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based home provider under
subsection (a) may conduct a public hearing concerning the
group-based home provider, its site and its operations.
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(2) A governing body conducting a public hearing under
this subsection shall provide public notice of the hearing
via posting on its official publicly accessible Internet
website no less than two weeks prior to the hearing. The
notice shall provide information regarding the purpose,
location and time of the public hearing and a contact number
for interested persons to call in order to obtain additional
information about the hearing. Nothing in this paragraph
shall be construed to prohibit the governing body from
providing public notice via any other means.
(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
§ 5008. Reporting.
The department shall ensure that any crime committed within a
community corrections center, community corrections facility or
community contract facility is immediately reported to the
appropriate law enforcement agency with jurisdiction over the
community corrections center, community corrections facility or
community contract facility.
Section 10. The heading of Part IV of Title 61 is amended to
read:
PART IV
[PROBATION AND PAROLE] PENNSYLVANIA DEPARTMENT OF CRIMINAL
JUSTICE
Section 11. Section 6101 of Title 61 is amended to read:
§ 6101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
["Board." The Pennsylvania Board of Probation and Parole.]
"Agent." A State parole agent appointed by the department.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
Chapter 50 (relating to community corrections centers and
community corrections facilities).
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) provides housing to offenders pursuant to a contract
with the department; and
(2) is operated in accordance with Chapter 50.
"Conditions of supervision." Any terms or conditions of the
offender's supervision, whether imposed by the court, the
department or an agent, or promulgated by the board as a
regulation, including compliance with all requirements of
Federal, State and local law.
"Contraband." Any item that the offender is not permitted to
possess under the conditions of supervision, including any item
whose possession is forbidden by any Federal, State or local
law.
"Court." A court of common pleas or any judge thereof, the
Philadelphia municipal court or any judge thereof, the
Pittsburgh magistrates court or any judge thereof or any
magisterial district judge.
"Crime of violence." The term shall have the same meaning
given to it under 42 Pa.C.S. § 9714(g) (relating to sentences
for second and subsequent offenses).
"Detainee." As follows:
(1) an offender housed by the department under 42
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Pa.C.S. § 9762 (relating to sentencing proceeding; place of
confinement);
(2) an offender who was being detained by the board on
the day prior to the effective date of this paragraph; or
(3) an offender who has been detained or recommitted as
a convicted parole violator or technical parole violator and
being housed by the department.
"Department supervised offender." An offender under
departmental parole or probationary supervision.
"Eligible offender." The term shall have the same meaning
given to it under section 4503 (relating to definitions).
"Evidence-based practices." Interventions and treatment
approaches that have been proven effective through appropriate
empirical analysis.
"Exigent circumstances." The term includes, but is not
limited to, suspicion that contraband or other evidence of
violations of the conditions of supervision might be destroyed
or suspicion that a weapon might be used. Exigent circumstances
always exist with respect to a vehicle.
"In good standing." An offender who is on parole or reparole
shall be considered in good standing if the offender:
(1) is in compliance with all conditions of supervision;
(2) has not been arrested for or charged with a crime
other than one from which he has been paroled or one for
which he has served the sentence imposed and otherwise
complied with all the sanctions imposed other than the
payment of money;
(3) is not subject to an order of protection from abuse;
and
(4) is in compliance with all legal requirements
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applicable to the offender, including, but not limited to,
maintaining registration in any applicable sex offender
registry.
"Personal injury crime." The term shall have the meaning
given to it under section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act.
"Personal search." A warrantless search of a department
supervised offender's person, including, but not limited to, the
department supervised offender's clothing and any personal
property which is in the possession, within the reach or under
the control of the department supervised offender.
"Property search." A warrantless search of real property,
vehicle or personal property which is in the possession or under
the control of the department supervised offender.
"Real property." Any residence or business property of a
department supervised offender, including all portions of the
property to which the department supervised offender has access.
"Supervisor." Any individual acting in a supervisory or
administrative capacity.
"Victim." The term shall have the meaning given to it under
section 103 of the Crime Victims Act. The term shall also
include a member of the victim's family if the victim is
incapable of communicating or has died.
Section 12. (Reserved).
Section 13. The heading of Subchapter B of Chapter 61 of
Title 61 is amended to read:
SUBCHAPTER B
ADMINISTRATION OF THE PENNSYLVANIA PAROLE BOARD
Section 14. Sections 6111(a), (d) and (e), 6112, 6113, 6116
and 6118 of Title 61 are amended to read:
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§ 6111. Pennsylvania [Board of Probation and] Parole Board.
(a) Establishment.--The Pennsylvania [Board of Probation
and] Parole Board is [an independent administrative board for
the administration of the probation and parole laws of this
Commonwealth.] established as a departmental administrative
board within the department for the purpose of granting and
revoking paroles to certain offenders within this Commonwealth.
The board shall function independently of the department
regarding all of its decision-making functions, as well as any
other powers and duties specified in this title.
* * *
(d) Eligibility.--To be eligible to be appointed by the
Governor for membership on the board, an individual shall have
at least six years of professional experience in parole,
probation, social work or related areas, including one year in a
supervisory or administrative capacity, and [a bachelor's
degree] an advanced degree beyond a bachelor's degree, such as a
master's degree, doctorate degree or juris doctorate degree. Any
equivalent combination of experience and training shall be
acceptable.
(e) General powers.--Subject to the provisions of this
chapter, the board shall have [all] the powers and [shall]
perform the duties generally vested in and imposed upon
[independent] departmental administrative boards and commissions
by the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, and shall be subject to all the
provisions of that act applicable generally to [independent]
departmental administrative boards and commissions.
§ 6112. Board chairperson.
(a) Designation by Governor.--The Governor shall, from time
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to time, as the occasion may arise, designate one of the members
of the board to be its chairperson who shall:
[(1) Direct the operations, management and
administration of the board and fulfill the functions
established by this chapter.
(2) Secure the effective application of the probation
system in all of the courts of this Commonwealth and the
enforcement of the probation laws.]
(3) Preside at all meetings of the board.
(4) Perform all the duties and functions of chairperson,
including organizing[, staffing, controlling, directing] and
administering the work of the [staff] board.
(5) Administer the proceedings of the board to ensure
efficient and timely procedures for parole board decisions,
[parole releases,] discharges and recommitments.
(b) Alternate chairperson.--The board may designate one of
its members to act as alternate chairperson during the absence
or incapacity of the chairperson, and, when so acting, the
member so designated shall have and perform all the powers and
duties of chairperson of the board but shall not receive any
additional compensation for acting as chairperson.
§ 6113. Board action.
(a) Quorum.--
(1) A majority of the board shall constitute a quorum
for transacting business and, except as otherwise provided in
this chapter and Chapter 45 (relating to recidivism risk
reduction incentive), a majority vote of those present at any
meeting shall be sufficient for any official action taken by
the board one or more members of the board may attend and
participate in any meeting via videoconferencing or similar
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virtual presence technology.
(2) Except as provided in subsections (b), (c), (d) and
(e) and Chapter 45, no person shall be paroled or discharged
from parole or have his parole revoked, except by a majority
of the entire membership of the board.
(b) Panel decisions.--The board may make decisions on
parole, reparole, return or revocation in panels of two persons.
A panel shall consist of one board member and one hearing
examiner or of two board members. Panels shall be appointed by
the chairperson or the chairperson's designee. A panel may act
without meeting. A panel may meet and take action via
videoconferencing or similar virtual presence technology, with
the exception of in-person testimony under section 502 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act .
(c) Disagreement within panel.--
[(1)] If there is disagreement between the members of a
panel on a decision to parole [between the members of a
panel], revoke parole or recommit an offender, the matter
shall be decided by a board member appointed by the
chairperson or the chairperson's designee, who shall concur
with one of the original panel members.
[(2) If there is disagreement on a revocation decision
between the members of the panel, the matter shall be decided
by three board members appointed by the chairperson or the
chairperson's designee; at least two of these members must
not have been on the disagreeing panel, if practicable.]
(d) Appeal.--
(1) An [interested party] offender may appeal a
revocation decision within 30 days of the board's order. The
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decision shall be reviewed by three board members appointed
by the chairperson or the chairperson's designee.
(2) If practicable, at least two of the board members
reviewing the decision must not have been on the panel whose
decision is being appealed. The three board members deciding
the appeal may affirm, reverse or remand the decision of the
panel or may order the matter be heard de novo.
(e) Decision without review.--Subject to the provisions of
section 6137(g) (relating to parole power), the board or its
designee may issue a decision to parole an eligible offender as
defined under section 4503 (relating to definitions) without
further review by the board.
(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.
§ 6116. Meetings.
(a) General rule.--As soon as may be convenient after their
appointment, the members of the board shall meet and organize.
(b) Appointment of secretary of board.--The [members of the
board] department shall appoint a secretary, who shall:
(1) [Shall not] Not be a member of the board.
(2) [Shall hold] Hold office at the pleasure of the
[board] secretary.
(3) [Shall have such powers] Maintain a record of the
proceedings of the board and perform such duties not
inconsistent with any law of this Commonwealth as the board
shall prescribe.
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(4) [Shall receive] Receive such compensation as the
board shall determine in conformity with the rules of the
Executive Board.
(c) Temporary secretary of board.--In the absence or
incapacity of the secretary to act, the [board] department may
designate such other person as it may choose to perform
temporarily the duties of the secretary of the board.
(d) Counsel.--Legal counsel for the board shall be appointed
in accordance with the act of October 15, 1980 (P.L.950,
No.164), known as Commonwealth Attorneys Act.
(e) Hearing examiners.--The board may appoint a sufficient
number of individuals to conduct hearings as required or
authorized by this title.
§ 6118. Offices.
[(a) Principal office.--The principal office of the board]
The department shall [be in Harrisburg, and] provide offices for
the board and shall appoint and employ such number and character
of officers, agents, clerks, stenographers and employees as may
be necessary to carry out the purposes of this chapter. The
salaries of persons so appointed and employed by the board shall
be fixed by the [board] department.
[(b) District offices.--The board, with the approval of the
Governor, shall divide the Commonwealth for administrative
purposes into a suitable number of districts, not to exceed ten,
in each of which shall be a district office which shall have
immediate charge of the supervision of cases of probation and
parole arising in the courts of the judicial districts embraced
within its territorial limits, but, as occasion may require, the
supervision of particular parolees may be transferred by the
board to other appropriate parole districts.
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(c) Location of district offices.--
(1) The board shall fix and determine the location of
the various district offices within their respective
districts, having regard to local conditions in each district
and to the most convenient and efficient functioning of the
office established in each district.
(2) At each of the locations so fixed and determined,
the board shall provide such office accommodations,
furniture, equipment and supplies as may be reasonably
suitable and adequate for the proper handling and dispatch of
the parole business of the district.
(3) The board may enter into contracts on behalf of the
Commonwealth for such office accommodations, furniture,
equipment and supplies through the Department of General
Services.
(d) Consideration for fixing compensation.--In fixing
compensation for its officers, clerks and employees under the
provisions of this chapter, the board shall have regard to the
kind, grade or class of service to be rendered, and, whenever
any standard compensation has been fixed by the Executive Board
for any kind, grade or class of service or employment, the
compensation of all persons appointed or employed by the board
in the same kind, grade or class shall be fixed by it in
accordance with such standard.]
Section 15. Sections 6119, 6120 and 6121 of Title 61 are
repealed:
[§ 6119. District directors.
(a) Establishment.--Each district parole office shall have a
district director who:
(1) Shall be appointed by the board, with the approval
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of the Governor.
(2) Shall receive such annual salary as the board shall
determine in conformity with the rules of the Executive
Board.
(b) Status and role.--The district director shall be the
executive head of the district office to which the district
supervisor is appointed and shall have the control, management
and direction of all employees of the board assigned to the
district, subject to the supervision of the board.
§ 6120. District office employees.
(a) Board to appoint.--The board shall appoint in the
various district offices a sufficient number of parole officers,
clerks, stenographers and other agents and employees to fully
and efficiently administer the parole laws of this Commonwealth,
but no employee of the board, other than its secretary and
district supervisors, shall be appointed by the board except in
the manner provided by this chapter.
(b) Salaries and qualifications.--The salaries of the
appointees in subsection (a) shall be fixed by the board. The
board shall from time to time by appropriate rule or regulation
prescribe the qualifications to be possessed by its personnel.
The qualifications shall be such as will best promote the
efficient operation of probation and parole.
§ 6121. Disciplinary action.
(a) General rule.--Except as otherwise provided in
subsection (b), an employee of the board, excluding the
secretary and district supervisors, may be removed, discharged
or reduced in pay or position only for cause and after being
given the reasons therefore in writing and afforded an
opportunity to be heard in answer thereto.
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(b) Exception.--An employee may be suspended without pay and
without hearing for a period not exceeding 30 days, but the
reason or reasons for the suspension must be given to the
employee by the board in writing.
(c) Successive suspensions.--There shall not be any
successive suspensions of the same employee under this section.]
Section 16. Section 6122(a)(2) and (c) of Title 61 are
amended to read:
§ 6122. Political activities.
(a) General rule.--No member of the board, or [officer]
agent, clerk or employee thereof, or any person officially
connected with the board:
* * *
(2) Shall serve as a member of or attend the meetings of
any committee of any political party, or take any part in
political management or political campaigns, or use that
person's office to influence political movements, or to
influence the action of any other [officer] agent, clerk or
employee of the board.
* * *
(c) Dismissal required.--The board shall dismiss any
[officer] agent, clerk or employee thereof who shall violate
this section from that person's office or employment.
Section 17. Sections 6123 and 6124 of Title 61 are repealed:
[§ 6123. Advisory committee.
(a) Establishment.--An advisory committee on probation is
reestablished to assist the board.
(b) Composition.--The advisory committee shall consist of
nine members, seven of whom shall be appointed by the Governor,
with the consent of a majority of the members of the Senate. At
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least two shall be judges of courts of record of this
Commonwealth, at least one shall be a county commissioner, at
least one shall be a chief county probation officer, and the
remaining members shall be qualified in the field of probation
and parole either by training or experience. The President pro
tempore of the Senate and the Speaker of the House of
Representatives shall each appoint a member of their respective
houses to serve as members of the committee.
(c) Terms.--
(1) The term of a member hereafter appointed, except to
fill a vacancy, shall be for four years and until their
successors have been appointed and qualified, but in no event
more than 90 days beyond the expiration of their appointed
term.
(2) The terms of members of the committee who are
appointed by virtue of holding an office as a member of the
General Assembly, judge, chief county probation officer or
county commissioner shall continue only so long as that
person remains in that office.
(3) Vacancies occurring in an office of a member of the
advisory committee by expiration of term, death, resignation,
removal or for any other reason shall be filled in the manner
provided by section 8 of Article IV of the Constitution of
Pennsylvania for the remainder of the term.
(4) Whenever the term of an advisory committee member,
other than one who is a member of the General Assembly,
expires, that member's position shall be immediately deemed a
vacancy, and the Governor shall nominate a person to fill
that membership position on the committee within 90 days of
the date of expiration, even if the member continues to
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remain on the committee. The Governor shall designate one of
the members of the committee as its chairperson.
(d) Reimbursement of expenses.--Each member of the advisory
committee shall be paid all reasonable and necessary travel and
other expenses incurred by him in the performance of his duties.
(e) Assistance to be provided.--The advisory committee shall
aid the chairperson and the board in formulating and reviewing
standards for probation personnel and probation services in the
counties.
§ 6124. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
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(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based home provider under
subsection (a) may conduct a public hearing concerning the
group-based home provider, its site and its operations.
(2) A governing body conducting a public hearing under
this subsection shall provide public notice of the hearing
via posting on its official Internet website no less than two
weeks prior to the hearing. The notice shall provide
information regarding the purpose, location and time of the
public hearing and a contact number for interested persons to
call in order to obtain additional information about the
hearing. Nothing in this paragraph shall be construed to
prohibit the governing body from providing public notice via
any other means.
(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
(c) Definition.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Group-based home." Any nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
"Official Internet website." The official Internet location
designated by a municipality or county as its primary method of
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electronically communicating with the public about its official
business.]
Section 18. Sections 6131 and 6132 of Title 61 are amended
to read:
§ 6131. General powers of board.
(a) General rule.--The board shall have the power and its
duty shall be:
[(1) To supervise and make presentence investigations
and reports as provided by law.]
(2) To collect and maintain copies of all presentence
investigations and reports.
[(3) To collect and maintain a record of all persons who
are placed on probation and parole.]
(4) To collect, compile and publish statistical and
other information relating to probation and parole work in
all courts. [and such other information the board may deem of
value in probation service.
(5) To establish, by regulation, uniform Statewide
standards for:
(i) Presentence investigations.
(ii) The supervision of probationers.
(iii) The qualifications for probation personnel.
(iv) Minimum salaries.
(v) Quality of probation service.
The standards for the qualifications of probation personnel
shall only apply to probation personnel appointed after the
date the standards are established. Should any probation
personnel appointed prior to the date the standards were
established fail to meet the standards, the court having
jurisdiction of such personnel may request the board to
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establish in-service training for them in accordance with the
standards.
(6) To adopt regulations establishing specific
composition, functions and responsibilities for citizens
advisory committees and to receive reports, recommendations
or other input concerning parole policies and parole-related
concerns from the committees on a regular basis.
(7) To adopt regulations establishing criteria for board
acceptance of cases for supervision and presentence
investigations from counties that on December 31, 1985,
maintained adult probation offices and parole systems.
(8) To enter into contracts for purchasing community
services to assist parolees and to supplement existing
programs.
(9) To pay the cost of preparole drug screening tests
for inmates within the parole release jurisdiction of the
board, who are confined in a State or local correctional
facility, as required under section 6137 (relating to parole
power).
(10) To enter into contracts which provide for the
continuous electronic monitoring of parolees.
(11) To establish and provide for intensive supervision
units and day reporting centers for the supervision of
parolees.]
(12) To provide information as required under 42 Pa.C.S.
§ 2153(a)(14) (relating to powers and duties) as requested by
the commission.
(13) To incorporate evidence-based practices into parole
decision making[, supervision and the supervision of
technical violators].
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[(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] recommended 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.
(b) Court-appointed probation officers to submit information
to [board] department.--A court that appoints a probation
officer shall require the probation officer to submit to the
[board] department such information as the [board] department
may require on forms prescribed and furnished by the [board]
department.
(c) Access to county records.--The department and the board
shall have free and ready access to all probation and parole
records of any county.
[(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.]
§ 6132. Specific powers of board involving [parolees]
offenders.
(a) General rule.--The board shall have exclusive power:
(1) [(i)] To parole and reparole, commit and recommit
for violations of parole and to discharge from parole all
[persons sentenced] offenders sentenced to definite or
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flat sentences by any court at any time to imprisonment
in a State correctional institution pursuant to 42
Pa.C.S. § 9762 (relating to sentencing proceeding; place
of confinement).
[(ii) This paragraph applies to inmates sentenced to
definite or flat sentences.
(2) (i) To supervise any person placed on parole, when
sentenced to a maximum period of less than two years, by
any judge of a court having criminal jurisdiction, when
the court may by special order direct supervision by the
board, in which case the parole case shall be known as a
special case and the authority of the board with regard
thereto shall be the same as provided in this chapter
with regard to parole cases within one of the
classifications set forth in this chapter.
(ii) Except for such special cases, the powers and
duties conferred by this section shall not extend to
persons sentenced for a maximum period of less than two
years and shall not extend to those persons committed to
county confinement within the jurisdiction of the court
pursuant to 42 Pa.C.S. § 9762 (relating to sentencing
proceeding; place of confinement).]
(3) To establish special conditions of supervision for
paroled offenders. Conditions of supervision must be based on
the risk presented by and the rehabilitative needs of the
offender. Conditions may be modified pursuant to section 6161
(relating to powers and duties of department) or if the board
or its designee consents to such modification.
(4) To promulgate regulations establishing general
conditions of supervision applicable to every paroled
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offender.
(b) Construction.--Nothing contained in this section shall
be construed to prevent a court from paroling any person
sentenced by it for a maximum period of less than two years and
housed in a county correctional facility or from paroling [a
person] an offender committed to county confinement [within the
jurisdiction of the court] pursuant to 42 Pa.C.S. § 9762.
[(c) Definition.--As used in this section, "period of two
years" means the entire continuous term of sentence to which a
person is subject, whether for one or more sentences, either to
simple imprisonment or to an indeterminate imprisonment as
authorized by law to be imposed for criminal offenses.]
Section 19. Section 6133 of Title 61 is repealed:
[§ 6133. Probation services.
(a) General rule.--The board shall have exclusive power to
supervise any person placed on probation by any judge of a court
having criminal jurisdiction, when the court by special order
directs supervision by the board.
(b) Presentence investigations.--The board shall make
presentence investigations when requested to do so by the court.
(c) Grant-in-aid.--
(1) A county that provides additional probation staff
for presentence investigations and improved probation
supervision and programs shall receive a grant-in-aid from
the Commonwealth through the board for additional costs
incurred thereby but only to the extent that the additional
staff and program meet the qualifications and standards
established by the board.
(2) The grant-in-aid shall provide 80% of the personnel
salary costs incurred by a county to administer these
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additional services and programs.
(3) If insufficient funds are appropriated, each county
shall receive a prorated reduction in the grant-in-aid.
(4) The board shall establish rules and regulations for
the allocation of funds available for such grants-in-aid.
(d) In-service training.--The board shall provide in-service
training for personnel of county probation offices when
requested to do so by the court having jurisdiction of the
probation office.]
Section 20. Sections 6134, 6134.1, 6136, 6137, 6138, 6139,
6140, 6141 and 6143 of Title 61 are amended to read:
§ 6134. Sentencing court [to transmit records to board]
recommendation.
[(a) Duty to transmit.--A court sentencing any person for a
term as to which power to parole is given to the board in this
chapter shall transmit to the board, within 30 days after the
imposition of the sentence:
(1) A copy of the notes of testimony of the sentencing
hearing that may have been filed of record in the case.
(2) Copies of any criminal identification records
secured from the Federal Bureau of Investigation.
(3) Copies of presentence investigation reports and
behavior clinic reports, if any were submitted to the court,
the last two of which records, being confidential records of
the court, shall be treated confidentially by the members of
the board, who shall not permit examination of the records by
anyone other than its duly appointed agents or
representatives except upon court order.
(b) Recommendations from judge.--] The following shall
apply:
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(1) A judge may make at any time a recommendation to the
board respecting the [person] offender sentenced and the term
of imprisonment the judge believes that [person] offender
should be required to serve before [a] parole is granted to
that [person] offender.
(2) A recommendation made by a judge under paragraph (1)
respecting the parole or terms of parole of [a person] an
offender shall be advisory only. No order in respect to the
recommendation made or attempted to be made as a part of a
sentence shall be binding upon the board or the department in
performing the duties and functions conferred on it by this
chapter.
§ 6134.1. General criteria for parole by court.
(a) Guidelines.--The court may parole or reparole subject to
consideration of guidelines established under 42 Pa.C.S. §
2154.5 (relating to adoption of guidelines for parole).
(b) Report of decision to commission.--If a court paroles or
reparoles [a person] an offender, the court shall report the
parole or reparole decision and shall provide a contemporaneous
written statement for any deviation from the guidelines
established under 42 Pa.C.S. § 2154.5, to the commission under
42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
(c) Procedure.--
(1) Prior to making a decision to parole [a person] an
offender committed to county confinement within the
jurisdiction of the court pursuant to 42 Pa.C.S. § 9762
(relating to sentencing proceeding; place of confinement)
from a sentence of imprisonment imposed following conviction
for a personal injury crime, each victim who has registered
to receive victim services in connection with the personal
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injury crime shall be given an opportunity by the court to
submit a preparole statement to the court expressing concerns
or recommendations regarding the parole or parole supervision
of the [person] offender.
(2) The district attorney shall, immediately following
sentence in cases where a sentence of confinement has been
imposed and the sentenced [person] offender remains within
the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762,
notify all registered victims that they shall have the
opportunity to submit a preparole statement to the court.
(3) Victims shall notify the court of their intention to
submit a preparole statement and shall provide and keep
current an appropriate mailing address.
(4) Preparole statements submitted pursuant to this
subsection shall be subject to the confidentiality provisions
contained in section 6140 (relating to victim statements,
testimony and participation in hearing) applicable to
preparole statements submitted to the board and shall be
considered by the court prior to any parole decision, and
each victim submitting a preparole statement shall be given
notice of the court's parole decision.
[(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Personal injury crime." The term shall have the meaning set
forth in section 103 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.
"Victim." The term shall mean, in addition to the meaning
set forth in section 103 of the act of November 24, 1998 (P.L.
882, No.111), known as the Crime Victims Act, a member of the
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victim's family if the victim is incapable of communicating or
has died.]
§ 6136. Right of access to [inmates] offenders.
All prison officials shall:
(1) At all reasonable times grant access to any [inmate]
offender whom the board has power to parole to the members of
the board or its properly accredited representatives.
(2) At all reasonable times provide for the board or its
properly accredited representative facilities for
communicating with and observing an [inmate] detainee while
imprisoned. Such facilities may, at the discretion of the
prison officials, be provided via videoconferencing or
similar virtual presence technology.
(3) Furnish to the board [from time to time such], no
fewer than 90 days prior to a scheduled parole interview or
if an interview is scheduled to be held within less than 90
days, as quickly as possible after such public officials are
informed of such interview, reports concerning the conduct of
[inmates] offenders in their custody [as the board shall by
general rule or special order require,] together with any
other facts deemed pertinent in aiding the board to determine
whether such [inmates] offenders shall be paroled.
§ 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 such information
developed by or furnished to the board under section 6164
(relating to investigation of circumstances of offense), or
both, and may release on parole any [inmate] offender to whom
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the power to parole is granted to the board by this chapter,
except an [inmate] offender condemned to death or serving
life imprisonment, whenever in its opinion:
(i) The best interests of the [inmate] offender
justify or require that the [inmate] offender be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the [inmate's] offender'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] offender
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]
offender's minimum term of imprisonment, if the primary
reason for not paroling the [inmate] offender is the
[inmate's] offender's inability to access and complete
prescribed programming within the correctional
institution, the board may release the [inmate] offender
on parole with the [condition] recommendation that the
[inmate] offender complete the prescribed programming
while on parole.
(ii) This paragraph shall not apply to offenders who
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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. Ch. 97
Subch. H (relating to registration of sexual offenders).
(iii) For those [inmates] offenders to whom
subparagraph (ii) is applicable, the board may release
the [inmate] offender on parole if the [inmate] offender
is subject to another jurisdiction's detainer, warrant or
equivalent writ.
(4) Unless the [inmate] offender has served at least one
year in a community corrections center or community
corrections facility, the board shall not act upon an
application of an [inmate] offender 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] an offender 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] offenders
under supervision by other jurisdictions under Subchapter
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B of Chapter 71 (relating to interstate compact for the
supervision of adult offenders).
(b) Cases involving deviations from guidelines.--In each
case in which the board deviates from the guidelines established
under 42 Pa.C.S. § 2154.5, the board shall provide a
contemporaneous written statement of the reason for the
deviation from the guidelines to the commission as established
under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
The board may develop and use internal decisional instruments.
This subsection shall not be construed to prevent the board from
also developing forms or other documents, policies and
procedures consistent with this chapter, including internal
decisional instruments.
(c) Administrative parole.--
(1) An eligible offender shall be placed on
administrative parole one year after release on parole and
until the maximum sentence date if the [board's] department's
supervision staff determines that:
(i) (A) the eligible offender has not violated the
terms and conditions of the eligible offender's
parole; or
(B) the eligible offender has not been subject
to the extensive use of sanctions prior to the
completion of one year from the date of release on
parole; and
(ii) there is no substantial information indicating
dangerousness or that placement on administrative parole
would compromise public safety.
(2) An eligible offender placed on administrative parole
shall continue to be subject to recommitment at the board's
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discretion and shall be subject to the board's power to
recommit and reparole, recommit and review or otherwise
impose sanctions at its discretion until the eligible
offender's maximum sentence date.
(3) An eligible offender placed on administrative parole
shall do all of the following:
(i) Make supervision contact at least one time per
year.
(ii) Provide updated contact information upon a
change in residence or employment.
(iii) Continue to pay any restitution owed.
(iv) Comply with other requirements imposed by the
board or the department.
(d) Recidivism risk reduction incentive minimum.--The board
shall have the power and its duty shall be to comply with the
requirements of section 4506 (relating to recidivism risk
reduction incentive minimum).
(e) Drug screening tests.--
(1) The [board] department may not release [a person] an
offender on parole unless the [person] offender 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 th