PRINTER'S NO. 1955
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1538
Session of
2019
INTRODUCED BY WHITE, McNEILL, PICKETT, T. DAVIS, BERNSTINE,
IRVIN, PYLE, READSHAW, STRUZZI, KAUFER, MOUL AND LAWRENCE,
JUNE 3, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 2019
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Board of Probation and
Parole, further providing for parole procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6139(a) of Title 61 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
§ 6139. Parole procedure.
(a) Specific requirements.--
* * *
(3.3) The following apply:
(i) Notwithstanding the provisions of paragraphs (2)
and (3), if a parole decision has been issued by the
board within three years of the date of the current
application, the board shall not be required to consider
nor dispose of an application by an inmate or an inmate's
attorney in the case of an inmate sentenced under any of
the following provisions of 18 Pa.C.S. (relating to
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crimes and offenses):
Section 2901(a.1) (relating to kidnapping).
Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude).
Section 3121 (relating to rape).
Section 3122.1(b) (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate
sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2(a.1) (relating to institutional
sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126(a)(7) (relating to indecent
assault).
Section 4302(b) (relating to incest).
(ii) Nothing under this paragraph shall be
interpreted as granting a right to be paroled to any
person, and a decision by the board and its designees
relating to a person sentenced to an offense as set forth
under this subsection may not be considered an
adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch.
A.
(3.4) The following apply:
(i) Notwithstanding the provisions of paragraphs (2)
and (3), if a parole decision has been issued by the
board within three years of the date of the current
application, the board shall not be required to consider
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nor dispose of an application by an inmate or an inmate's
attorney in the case of an inmate designated as a
sexually violent predator under 42 Pa.C.S. Ch. 97 Subch.
H (relating to registration of sexual offenders) or I
(relating to continued registration of sexual offenders).
(ii) Nothing under this section shall be interpreted
as granting a right to be paroled to any person, and a
decision by the board and its designees relating to a
person designated as a sexually violent predator may not
be considered an adjudication under 2 Pa.C.S. Chs. 5
Subch. A and 7 Subch. A.
* * *
Section 2. The addition of 61 Pa.C.S. § 6139(a)(3.3) and
(3.4) shall apply to all of the following:
(1) Individuals convicted of an offense set forth in 61
Pa.C.S. § 6139(a)(3.3) before the effective date of this
section who remain under the jurisdiction of the Department
of Corrections.
(2) Individuals who commit an offense set forth in 61
Pa.C.S. § 6139(a)(3.3) on or after the effective date of this
section.
(3) Individuals, before or after the effective date of
this section, who:
(i) commit an offense subject to 42 Pa.C.S. Ch. 97
Subch. H or I;
(ii) are designated as sexually violent predators;
and
(iii) are under the jurisdiction of the Department
of Corrections.
Section 3. This act shall take effect immediately.
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