See other bills
under the
same topic
PRIOR PRINTER'S NOS. 534, 812
PRINTER'S NO. 875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
522
Session of
2017
INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH,
YUDICHAK, FOLMER AND BROWNE, MARCH 16, 2017
AS AMENDED ON THIRD CONSIDERATION, MAY 23, 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
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
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
CORRECTIONS; 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:
SECTION 1. THE DEFINITION OF "BOARD" IN SECTION 2151.1 OF
TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS 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.
20170SB0522PN0875 - 2 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
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),
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) 9799.24(A), (B)
INTRODUCTORY PARAGRAPH, (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:
SECTION 2. SECTIONS 2155(A)(1), 6307(A)(6.5), 8332.7, 8340,
9727(A), (B)(1), (C) AND (F)(3), 9764(E), (F), (H), (I) AND (K),
9777(D)(2), 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(A), (B) INTRODUCTORY PARAGRAPH, (C), (E)(4)
AND (G), 9799.29, 9799.30, 9799.31, 9799.32(2), (7), (8) AND
(9), 9799.33, 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
20170SB0522PN0875 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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.
* * *
20170SB0522PN0875 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20170SB0522PN0875 - 5 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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] Department of Corrections, 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.
20170SB0522PN0875 - 7 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20170SB0522PN0875 - 8 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
[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
20170SB0522PN0875 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
[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:
20170SB0522PN0875 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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:
(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
20170SB0522PN0875 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 12 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 16 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.--
(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
20170SB0522PN0875 - 17 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 18 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.--
* * *
(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.
20170SB0522PN0875 - 19 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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
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:
* * *
20170SB0522PN0875 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 CORRECTIONS 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:
* * *
(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).
* * *
20170SB0522PN0875 - 21 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 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
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
20170SB0522PN0875 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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.--
* * *
20170SB0522PN0875 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20170SB0522PN0875 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
State or county correctional institution shall:
* * *
§ 9799.24. Assessments.
* * *
(A) ORDER FOR ASSESSMENT.--AFTER CONVICTION BUT BEFORE
SENTENCING, A COURT SHALL ORDER AN INDIVIDUAL CONVICTED OF A
SEXUALLY VIOLENT OFFENSE TO BE ASSESSED BY THE BOARD. THE ORDER
FOR AN ASSESSMENT SHALL BE SENT TO THE [ADMINISTRATIVE OFFICER]
EXECUTIVE DIRECTOR OF THE BOARD WITHIN TEN DAYS OF THE DATE OF
CONVICTION FOR THE SEXUALLY VIOLENT OFFENSE.
(B) ASSESSMENT.--UPON RECEIPT FROM THE COURT OF AN ORDER FOR
AN ASSESSMENT, A MEMBER OF THE BOARD AS DESIGNATED BY THE
[ADMINISTRATIVE OFFICER] EXECUTIVE DIRECTOR OF THE BOARD SHALL
CONDUCT AN ASSESSMENT OF THE INDIVIDUAL TO DETERMINE IF THE
INDIVIDUAL SHOULD BE CLASSIFIED AS A SEXUALLY VIOLENT PREDATOR.
THE BOARD SHALL ESTABLISH STANDARDS FOR EVALUATIONS AND FOR
EVALUATORS CONDUCTING THE ASSESSMENTS. AN ASSESSMENT SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN EXAMINATION OF THE FOLLOWING:
* * *
(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,
20170SB0522PN0875 - 27 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 CORRECTIONS and the agents of the Department
20170SB0522PN0875 - 28 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of Criminal Justice CORRECTIONS 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
20170SB0522PN0875 - 29 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
20170SB0522PN0875 - 30 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
CORRECTIONS , 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
20170SB0522PN0875 - 31 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Services and the Juvenile Court Judges' Commission, to
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
CORRECTIONS , 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 CORRECTIONS , 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
CORRECTIONS 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 CORRECTIONS 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
20170SB0522PN0875 - 32 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
positioning system technology.
§ 9799.34. Duties of facilities housing sexual offenders.
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 THE BOARD SHALL EMPLOY AN EXECUTIVE DIRECTOR
AND OTHER STAFF AS NECESSARY TO CARRY OUT THE BOARD'S DUTIES
UNDER THIS CHAPTER. THE EXECUTIVE DIRECTOR SHALL DIRECT THE
OPERATIONS, MANAGEMENT AND ADMINISTRATION OF THE BOARD AND
ORGANIZE AND OVERSEE THE WORK OF THE STAFF. LEGAL COUNSEL FOR
THE BOARD SHALL BE PROVIDED IN ACCORDANCE WITH THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT. UPON REQUEST BY THE BOARD, THE DEPARTMENT OF
CORRECTIONS SHALL MAKE AVAILABLE FACILITIES, ADMINISTRATIVE
SUPPORT AND OTHER ASSISTANCE TO THE BOARD.
§ 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
20170SB0522PN0875 - 33 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 34 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 DEFINITION of "board,"
"department" and "secretary" "BOARD" in section 102 of Title 61
are IS amended and the section is amended by adding definitions
to read:
§ 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.
20170SB0522PN0875 - 35 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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
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
20170SB0522PN0875 - 36 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
context clearly indicates otherwise:
* * *
["Department." The Department of Corrections of the
Commonwealth.]
* * *
Section 8 5. 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
20170SB0522PN0875 - 37 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[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
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
20170SB0522PN0875 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170SB0522PN0875 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
good standing on parole shall not be deemed to be in official
detention under 18 Pa.C.S. § 5121.
Section 9 6. 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:
20170SB0522PN0875 - 41 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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.
(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
20170SB0522PN0875 - 42 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
appropriate law enforcement agency with jurisdiction over the
community corrections center, community corrections facility or
community contract facility.
Section 10 7. The heading of Part IV of Title 61 is amended
to read:
PART IV
[PROBATION AND PAROLE] PENNSYLVANIA DEPARTMENT OF CRIMINAL
JUSTICE DEPARTMENT OF CORRECTIONS
Section 11 8. 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
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
20170SB0522PN0875 - 43 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30