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PRINTER'S NO. 1520
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1067
Session of
2018
INTRODUCED BY WILLIAMS, STREET, HUGHES AND WAGNER, MARCH 7, 2018
REFERRED TO JUDICIARY, MARCH 7, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, providing for adoption of guidelines for
administrative probation violations; and, in sentencing,
further providing for sentencing generally, for order of
probation, for modification or revocation of order of
probation, for court-imposed sanctions for offenders
violating probation and providing for resentencing of certain
offenders incarcerated due to revocation of probation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
Section 2154.8. Adoption of guidelines for administrative
probation violations.
Within 180 days of the effective date of this section, the
commission shall adopt guidelines for a graduated response to
administrative probation violations. The guidelines may not
include imprisonment for more than 30 days.
Section 2. Section 9721(a.1) of Title 42 is amended by
adding a paragraph to read:
§ 9721. Sentencing generally.
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* * *
(a.1) Exception.--
* * *
(4) A court may not impose a sentence of probation
consecutive to another sentence of probation, total
confinement or State or county intermediate punishment.
* * *
Section 3. Sections 9754, 9771 and 9771.1(d), (i) and (j)
are amended to read:
§ 9754. Order of probation.
(a) General rule.--In imposing an order of probation the
court shall specify at the time of sentencing the length of any
term during which the defendant is to be supervised[, which term
may not exceed the maximum term for which the defendant could be
confined, and the authority that shall conduct the supervision.]
and that the term of probation may be continued, extended or
terminated.
(a.1) Misdemeanors and felonies.--The total probation period
may not exceed the following:
(1) for a felony, five years; and
(2) for a misdemeanor, three years.
(a.2) Nonpayment of fines, costs or restitution.--The court
may not extend the period of supervision due to nonpayment of
fines, costs or restitution unless the court makes a finding on
the record that the defendant is financially able to pay and has
willfully refused to do so.
(b) Conditions generally.--The court shall attach such of
the reasonable conditions authorized by subsection (c) of this
section as it deems necessary to insure or assist the defendant
in leading a law-abiding life.
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(c) Specific conditions.--The court may as a condition of
its order require the defendant:
(1) To meet his family responsibilities.
(2) To devote himself to a specific occupation or
employment.
(2.1) To participate in a public or nonprofit community
service program unless the defendant was convicted of murder,
rape, aggravated assault, arson, theft by extortion,
terroristic threats, robbery or kidnapping.
(3) To undergo available medical or psychiatric
treatment and to enter and remain in a specified institution,
when required for that purpose.
(4) To pursue a prescribed secular course of study or
vocational training.
(5) To attend or reside in a facility established for
the instruction, recreation, or residence of persons on
probation.
(6) To refrain from frequenting unlawful or disreputable
places or consorting with disreputable persons.
(7) To have in his possession no firearm or other
dangerous weapon unless granted written permission.
(8) To make restitution of the fruits of his crime or to
make reparations, in an amount he can afford to pay, for the
loss or damage caused thereby.
(9) To remain within the jurisdiction of the court and
to notify the court or the probation officer of any change in
his address or his employment.
(10) To report as directed to the court or the probation
officer and to permit the probation officer to visit his
home.
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(11) To pay such fine as has been imposed.
(12) To participate in drug or alcohol treatment
programs.
(13) To satisfy any other conditions reasonably related
to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom
of conscience.
(14) To remain within the premises of his residence
during the hours designated by the court.
(d) Sentence following violation of probation.--The sentence
to be imposed in the event of the violation of a condition shall
[not be fixed prior to a finding on the record that a violation
has occurred.] conform with the guidelines adopted under section
2154.8 (relating to adoption of guidelines for administrative
probation violations).
§ 9771. Modification or revocation of order of probation.
(a) General rule.--The court may at any time terminate
continued supervision or lessen or increase the conditions upon
which an order of probation has been imposed.
(b) Revocation.--The court may revoke an order of probation
upon proof of the violation of specified conditions of the
probation. Upon revocation the sentencing alternatives available
to the court shall be [the same as were available at the time of
initial sentencing, due consideration being given to the time
spent serving the order of probation.] those adopted under
section 2154.8 (relating to adoption of guidelines for
administrative probation violations).
(c) Limitation on sentence of total confinement.--[The]
Except for defendants who were admitted to a program established
under section 9771.1(a) (relating to court-imposed sanctions for
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offenders violating probation), the court shall not impose a
sentence of total confinement upon revocation unless it finds
that:
(1) the defendant has been convicted of another [crime;
or] felony, in which case the court may sentence the
defendant to the sentencing alternatives available at the
time of the initial sentencing;
(1.1) the defendant has been convicted of another
misdemeanor, in which case the court may sentence the
defendant to imprisonment for not more than six months; or
(2) the conduct of the defendant indicates that it is
likely that he will commit another crime if he is not
imprisoned[; or] and no other condition of supervision or
treatment would decrease the likelihood that the defendant
will commit a future crime, in which case the court may
sentence the defendant to imprisonment for not more than 30
days.
[(3) such a sentence is essential to vindicate the
authority of the court.]
(d) Hearing required.--There shall be no revocation or
increase of conditions of sentence under this section except
after a hearing at which the court shall consider the record of
the sentencing proceeding together with evidence of the conduct
of the defendant while on probation. Probation may be eliminated
or the term decreased without a hearing.
(e) Early termination of probation for merit time.--Where a
defendant has successfully completed 18 months of supervised
probation without violation or revocation, the probation
sentence shall be terminated by the county probation department.
§ 9771.1. Court-imposed sanctions for offenders violating
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probation.
* * *
(d) Warning hearing.--
(1) At the time of sentencing, the court shall hold a
warning hearing for each participant in the program to
clearly communicate program expectations and consequences and
to encourage the participant's compliance and success.
(2) The court shall emphasize the expectations that the
participant remain drug free and comply with any treatment or
services ordered by the court as a condition of the
participant's probation.
(3) The court shall put the participant on notice that
each probation violation, including missed appointments and
positive drug tests, will result in jail time as provided for
under subsection (g).
(4) A warning shall be provided to the participant at
the warning hearing verbally and in writing.
* * *
(i) Revocation of probation.--
(1) After a third violation, the court may revoke the
order of probation.
(2) Upon revocation, the sentencing alternatives shall
be [the same as were available at the time of initial
sentencing, due consideration being given to the time spent
serving the order of probation.] in accordance with section
9771(c).
(j) Local rules.--
(1) The court may adopt local rules for the
administration of this program. [Except as provided for under
paragraph (2), the] The local rules [may not be inconsistent]
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must be consistent with this section or any rules adopted by
the Supreme Court.
[(2) The court may adopt local rules that are
inconsistent with subsection (g) regarding the terms of
imprisonment or other sanctions or conditions provided for
under subsection (g).]
Section 4. Title 42 is amended by adding a section to read:
Section 9771.2. Resentencing of certain offenders incarcerated
due to revocation of probation.
(a) General rule.--The sentencing court shall resentence a
defendant as provided under section 9771(c) (relating to
modification or revocation of order of probation) upon petition
of the defendant and proof of all of the following:
(1) The defendant's probation sentence was revoked and
the petitioner was sentenced to imprisonment for more than
one year as a result of an administrative probation
violation.
(2) The defendant has no disciplinary infractions during
imprisonment.
(3) The defendant has no pending criminal charges or
convictions for a new offense since the date the petitioner
was placed on probation.
(b) Petition procedure.--The petition for resentencing shall
be recognized as an authorized motion for sentence modification,
assigned an identification code by the Administrative Office of
Pennsylvania Courts and shall not require payment of a filing
fee.
(c) Successive petitions.--A successive petition may not be
considered by the sentencing court unless new grounds are raised
in the petition. Any successive petition that is not scheduled
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for a hearing within 30 days after filing shall be deemed denied
by operation of law.
Section 5. This act shall take effect immediately.
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