PRIOR PRINTER'S NO. 1937

PRINTER'S NO. 3006

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1555

Session of

2019

INTRODUCED BY DELOZIER, HARRIS, JONES, GAINEY, TOOHIL, A. DAVIS,

MULLINS, KINSEY AND ZABEL, MAY 30, 2019

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, DECEMBER 9, 2019

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in sentencing, further

providing for sentencing generally, for order of probation

and for modification or revocation of order of probation and

providing for resentencing of individuals incarcerated due to

revocation of probation. AMENDING TITLES 42 (JUDICIARY AND

JUDICIAL PROCEDURE) AND 61 (PRISONS AND PAROLE) OF THE

PENNSYLVANIA CONSOLIDATED STATES, IN SENTENCING, FURTHER

PROVIDING FOR ORDER OF PROBATION AND FOR MODIFICATION OR

REVOCATION OF ORDER OF PROBATION; IN OTHER CRIMINAL

PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS AND FOR

SUPERVISORY RELATIONSHIP TO OFFENDERS; AND, IN PENNSYLVANIA

BOARD OF PROBATION AND PAROLE, FURTHER PROVIDING FOR

SUPERVISORY RELATIONSHIP TO OFFENDERS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9721(a.1) of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 9721. Sentencing generally.

* * *

(a.1) Exception.--

* * *

(4) A court may not impose a sentence of probation

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consecutive to another sentence of probation.

* * *

Section 2. Section 9754(a) and (c)(6) and (9) of Title 42

are amended and the section is amended by adding subsections 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.

(2) For a misdemeanor, two years.

(a.2) Nonpayment of fines or costs.--The court may not

extend the period of supervision solely due to nonpayment of

fines or costs unless the court makes a finding on the record

that the defendant is financially able to pay and has willfully

refused to do so.

* * *

its order require the defendant:

* * *

[(6) To refrain from frequenting unlawful or

disreputable places or consorting with disreputable persons.]

* * *

(9) To [remain within the jurisdiction of the court and

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to] notify the court or the probation officer of any change

in his address or his employment.

* * *

Section 3. Section 9771 of Title 42 is amended to read:

§ 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.

(a.1) Preliminary technical violation hearing.--

(1) Upon receipt of an allegation made by the

supervising probation officer of a technical violation, the

court will determine whether there is probable cause to

believe that the defendant has committed a technical

violation of the defendant's probation. If it is determined

that probable cause exists, then the court will hold a

preliminary technical hearing to determine if the defendant

should be detained pending the revocation hearing described

in subsection (e) .

(2) The defendant shall receive notice of the

preliminary hearing through service in the manner described

in this paragraph and be given the opportunity to appear on

his own recognizance. Original process may be served by

delivering notice to:

(i) an adult family member with whom the defendant

resides or, if no adult family member is present, an

adult person in charge of the residence;

(ii) the clerk or manager of a hotel, inn, apartment

house, boarding house or other place of lodging at which

the defendant resides; or

(iii) the agent or person in charge of a usual place

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of business or employment of the defendant.

(a.2) Failure to appear.--

(1) Failure to appear at a preliminary technical

violation hearing may result in the issuance of a bench

warrant.

(2) If a defendant is arrested for failing to appear at

the preliminary technical violation hearing under paragraph

(1), the defendant shall be taken to the local criminal court

where a bench warrant hearing shall be conducted after the

individual is lodged in the jail of the county of issuance on

the bench warrant.

(3) The defendant shall not be detained under paragraph

(2) without a bench warrant hearing longer than 72 hours or

the close of the next business day if the 72 hours expires on

a nonbusiness day. The court will determine whether the

defendant shall be detained pending the technical violation

revocation hearing under subsection (e) .

(a.3) Hearing procedure.--

(1) At the preliminary technical violation hearing, the

defendant shall:

(i) Receive notice of the alleged technical

violation of probation.

(ii) Have the right to present evidence on the

defendant's behalf.

(iii) Be provided counsel.

(iv) Be provided a written hearing disposition

report.

(2) The court shall determine if the defendant shall be

detained pending the technical violation revocation hearing

under subsection (e) . The defendant may be detained only upon

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a clear and convincing finding that the defendant presents a

substantial risk of willfully failing to appear at an

adjudicatory hearing or poses a significant and immediate

threat to the public, and that no condition or combination of

conditions will reasonably assure the defendant's appearance

at the technical violation revocation hearing.

(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.]:

(1) If the defendant has been convicted of a new felony,

the sentencing alternatives available to the court shall be

the same as were available at the time of the defendant's

initial sentencing, and due consideration shall be given to

the time spent serving the order of probation.

(2) If the defendant has been convicted of a new

misdemeanor, the sentencing alternatives available to the

court shall be the same as were available at the time of the

defendant's initial sentencing, but the defendant's sentence

may include a term of imprisonment of up to 90 days.

shall not impose a sentence of total confinement upon revocation

unless it finds that:

(1) the defendant has been convicted of [another] a new

crime; or

(2) the conduct of the defendant indicates that it is

likely that [he] the defendant will commit another crime [if

he is not imprisoned; or

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(3) such a sentence is essential to vindicate the

authority of the court.] and no other condition of

supervision or treatment would decrease this likelihood, in

which case the court may sentence the defendant to the

following terms of imprisonment:

(i) Up to seven days of imprisonment upon the third

technical violation of specific conditions.

(ii) Up to 15 days of imprisonment upon the fourth

technical violation of specific conditions.

(iii) Up to 30 days of imprisonment for every

technical violation of specific conditions thereafter.

(c.1) Further limitation on sentence of total confinement.--

Notwithstanding subsection (c), an individual on probation shall

not be sentenced to a term of imprisonment for a probation

violation if the violation is:

(1) By an individual who has been issued an

identification card under the act of April 17, 2016 (P.L.84,

No.16), known as the Medical Marijuana Act, who tests

positive for marijuana.

(2) For associating with another person with a criminal

record or for traveling out of the jurisdiction without

permission, unless it can be shown by clear and convincing

evidence that the travel was to permanently avoid

supervision.

(d) Hearing required.--There shall be no revocation or

increase of conditions of sentence under this section except

after a technical violation revocation 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.] and the following shall apply:

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(1) The hearing shall be scheduled upon the

determination of probable cause at a preliminary technical

violation hearing under subsection (a.1).

(2) The court shall hold a technical violation

revocation hearing to determine whether the facts warrant

revocation of the defendant's probation and whether probation

is still an effective vehicle to accomplish the

rehabilitation and a sufficient deterrent against future

criminal conduct.

(3) Probation may be eliminated or the term decreased

without a hearing.

(e) Technical violation revocation hearing procedure.--

(1) Upon a determination of probable cause at a

preliminary technical violation revocation hearing under

subsection (a.1), a written request for a technical violation

revocation hearing shall be filed with the clerk of courts.

The request may be filed by the appropriate probation

department.

(2) The technical violation revocation hearing shall be

held before the defendant's sentencing judge or a judge

generally assigned to hear violations of probation.

(3) The court shall schedule a technical violation

revocation hearing within a reasonable amount of time after

receiving the written request for a hearing required under

paragraph (1).

(4) The defendant shall be provided legal counsel and

the opportunity to be heard in person and present witnesses

and documentary evidence.

(5) The defendant shall be provided the right to

confront and cross-examine witnesses.

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(f) Sentencing procedures.--The following apply:

(1) At the time of sentencing, the court shall afford

the defendant the opportunity to make a statement on the

defendant's behalf and shall afford counsel for the

Commonwealth and the defendant the opportunity to present

information and argument relative to sentencing.

(2) The court shall state on the record the reasons for

the sentence imposed.

(3) The court shall advise the defendant on the record:

(i) of the right to file a motion to modify sentence

and to appeal, of the time within which the defendant

must exercise those rights and of the right to assistance

of counsel in the preparation of the motion and appeal;

and

(ii) of the rights, if the defendant is indigent, to

proceed in forma pauperis and to proceed with assigned

counsel.

(4) The court shall require that a record of the

sentencing proceeding be made and preserved so that the

record can be transcribed as needed. The record shall

include:

(i) The record of any stipulation made at a

presentence conference.

(ii) A verbatim account of the entire sentencing

proceeding.

(g) Motion to modify sentence.--A motion to modify a

sentence imposed after a revocation shall be filed within 10

days of the date of imposition. The filing of a motion to modify

sentence will not toll the 30-day appeal period.

(h) Earned credit time.--

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(1) For each calendar month in which the defendant has

complied with the terms of probation and has not violated any

conditions of probation, the defendant's term of probation

shall be reduced by 14 days.

(2) No earned discharge credit may be awarded for a

calendar month in which a violation occurred, the defendant

has absconded or the defendant is incarcerated.

(3) No earned discharge credit may be awarded for a

partial month or the last full month of supervised probation.

(4) This section shall not apply to a defendant whose

probation is for a crime requiring registration under section

9799.15 (relating to period of registration).

(5) The reduction of the terms of a defendant's

probation shall be applied to the termination date within 30

days of the end of the month in which the credits were

earned. Earned time credits shall be applied to each

defendant under county probation supervision on or after the

effective date of this subsection.

(6) This subsection shall apply retroactively to the

start date of a defendant's sentence of probation for a

defendant who is on probation on the effective date of this

subsection.

(i) Educational earned credit time.--

(1) A defendant on county probation shall have the

defendant's total community supervision sentence reduced by

90 days if during the period under community supervision, the

defendant:

(i) earns a high school diploma or high school

equivalency certificate; or

(ii) successfully completes a certified vocational,

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certified technical or certified career education or

training program.

(2) A defendant's supervision officer shall notify the

court if the defendant earns one or more time credits under

this subsection. On receipt of the notice from the

supervision officer, the court shall conduct the review of

the defendant's community supervision to determine if the

defendant is eligible for a reduction or termination of

community supervision, taking into account any time credits

to which the defendant is entitled under this section. A

defendant can use any combination of the educational earned

credit time toward the completion of the period of community

supervision in accordance with this subsection.

(j) Early termination of county probation.--

(1) Notwithstanding earned credit time under subsection

(h) or (i), upon completion of one-half of the original

probation or two years of probation, whichever is later, the

court shall review the defendant's record and consider

whether to reduce the period or probation, terminate the

period of probation or reduce the conditions of probation,

unless the defendant is delinquent in paying required

restitution, is delinquent in paying the required fines and

costs that the defendant has the ability to pay or has not

completed court-ordered counseling or treatment.

(2) If the court does not terminate the defendant's

probation, the court shall review the defendant's record no

less than once every two years after a review under paragraph

(1), unless the defendant is subsequently convicted of a

crime graded as a felony or misdemeanor.

(3) The court shall give reasonable notice to the

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defendant and the Commonwealth of the review and the

defendant shall have the right to appear.

(k) 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:

"Technical violation." A violation of the terms and

conditions of probation, other than by the commission of a new

crime for which the defendant is convicted or found guilty by a

judge or jury or to which the individual pleads guilty or nolo

contendere.

Section 4. Title 42 is amended by adding a section to read:

§ 9771.2. Resentencing of individuals incarcerated due to

revocation of probation.

(a) General rule.--The sentencing court shall resentence a

defendant as provided under section 9771(d) (relating to

modification or revocation of order of probation) upon petition

of the defendant and proof that the defendant's probation

sentence was revoked and the petitioner was sentenced to

imprisonment in excess of the guidelines provided for under

section 9771(d) as a result of a violation of the specific

conditions of the defendant's probation.

(b) Petition procedure.--A petition under subsection (a)

shall be recognized as an authorized motion and shall be

assigned an identification code by the Administrative Office of

Pennsylvania Courts. The filing of a petition under this section

shall not require a fee.

considered by the sentencing court unless the petition alleges

and the petitioner proves that the facts upon which the claim is

predicated were unknown to the petitioner at the time of the

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original filing and could not have been ascertained by the

exercise of due diligence. A subsequent petition that is not

scheduled for a hearing by the court within 30 days after filing

shall be deemed denied by the court.

Section 5. This act shall take effect immediately.

SECTION 1. SECTION 9754(C) OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY

ADDING A SUBSECTION TO READ:

§ 9754. ORDER OF PROBATION.

* * *

ITS ORDER REQUIRE THE DEFENDANT:

(1) TO MEET HIS FAMILY RESPONSIBILITIES, INCLUDING

CONSIDERATION OF CHILD CARE RESPONSIBILITIES AND LIMITATIONS.

(2) TO DEVOTE HIMSELF TO A SPECIFIC OCCUPATION [OR],

EMPLOYMENT OR EDUCATION INITIATIVE.

(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.]

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(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 AND ON A SCHEDULE THAT 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.

(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.

* * *

(E) PRESCRIBED MEDICATIONS.--A COURT MAY NOT, AS A CONDITION

OF PROBATION, PROHIBIT THE LAWFUL POSSESSION OR USE OF A

PRESCRIBED MEDICATION, INCLUDING MEDICAL MARIJUANA, UNLESS:

(1) THE DEFENDANT IS BEING SENTENCED FOR AN OFFENSE

UNDER CHAPTER 13 OF THE ACT OF APRIL 17, 2016 (P.L.84,

NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT, OR THE ACT OF

APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT; OR

(2) T HE COURT DETERMINES THAT A PROHIBITION AGAINST THE

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POSSESSION OR USE OF A LAWFULLY PRESCRIBED MEDICATION IS

NECESSARY AND APPROPRIATE TO MEET THE SENTENCING STANDARDS

ARTICULATED IN SECTION 9721 (RELATING TO SENTENCING

GENERALLY).

SECTION 2. SECTION 9771(C) OF TITLE 42 IS AMENDED AND THE

SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 9771. MODIFICATION OR REVOCATION OF ORDER OF PROBATION.

* * *

(B.1) NONPAYMENT OF FINES OR COSTS.--NOTWITHSTANDING

SUBSECTION (B), THE COURT MAY NOT EXTEND THE PERIOD OF PROBATION

SOLELY DUE TO NONPAYMENT OF FINES OR COSTS UNLESS THE COURT

FINDS THAT THE DEFENDANT IS FINANCIALLY ABLE TO PAY AND HAS

WILLFULLY REFUSED TO DO SO.

SHALL NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION

UNLESS IT FINDS THAT:

(1) THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER CRIME;

(2) THE CONDUCT OF THE DEFENDANT INDICATES THAT IT IS

LIKELY THAT HE WILL COMMIT ANOTHER CRIME IF HE IS NOT

IMPRISONED; OR

(3) SUCH A SENTENCE IS ESSENTIAL TO VINDICATE THE

AUTHORITY OF THE COURT.] THE FOLLOWING APPLY:

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE COURT MAY

NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION

UNLESS THE COURT FINDS THE DEFENDANT HAS BEEN CONVICTED OF

ANOTHER CRIME.

(2) A COURT MAY IMPOSE A SENTENCE OF TOTAL CONFINEMENT

UPON REVOCATION IF THE DEFENDANT COMMITTED A TECHNICAL

VIOLATION AND ANY OF THE FOLLOWING APPLY:

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(I) THE TECHNICAL VIOLATION WAS SEXUAL IN NATURE.

(II) THE TECHNICAL VIOLATION INVOLVED ASSAULTIVE

BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY

INJURY TO ANOTHER.

(III) THE TECHNICAL VIOLATION INVOLVED POSSESSION OR

CONTROL OF A WEAPON.

(IV) THE DEFENDANT ABSCONDED AND CANNOT BE SAFELY

DIVERTED FROM INCARCERATION.

(V) THERE EXISTS AN IDENTIFIABLE THREAT TO PUBLIC

SAFETY, AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM

INCARCERATION.

(VI) THE TECHNICAL VIOLATION INVOLVED AN INTENTIONAL

AND UNEXCUSED FAILURE TO ADHERE TO RECOMMENDED

PROGRAMMING OR CONDITIONS ON MORE THAN THREE OCCASIONS,

AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM

INCARCERATION.

(3) IF A COURT IMPOSES A SENTENCE OF TOTAL CONFINEMENT

UPON REVOCATION FOR A CONDITION UNDER PARAGRAPH (2), THE

DEFENDANT SHALL BE SENTENCED AS FOLLOWS:

(I) FOR A FIRST TECHNICAL VIOLATION, A MAXIMUM

PERIOD OF 14 DAYS.

(II) FOR A SECOND TECHNICAL VIOLATION, A MAXIMUM

PERIOD OF 30 DAYS.

(III) FOR A THIRD OR SUBSEQUENT TECHNICAL VIOLATION,

THE COURT MAY IMPOSE ANY SENTENCING ALTERNATIVES

AVAILABLE AT THE TIME OF INITIAL SENTENCING.

(IV) FOR A SENTENCE OF TOTAL CONFINEMENT UPON

REVOCATION FOR A CONDITION UNDER PARAGRAPH (2)(I), (II),

(III) OR (V), THE COURT MAY ADD UP TO AN ADDITIONAL 30

DAYS FOR A FIRST TECHNICAL VIOLATION OR UP TO AN

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ADDITIONAL 45 DAYS FOR A SECOND TECHNICAL VIOLATION.

(V) THE COURT SHALL CONSIDER ALLOWING THE TERM OF

INCARCERATION TO BE SERVED ON WEEKENDS OR OTHER NONWORK

DAYS FOR EMPLOYED PROBATIONERS WHO HAVE COMMITTED A FIRST

OR SECOND TECHNICAL VIOLATION.

* * *

(E) POSSESSION OR USE OF PRESCRIBED MEDICATIONS.--A COURT

MAY NOT CONSIDER A DEFENDANT'S LAWFUL POSSESSION OR USE OF A

PRESCRIBED MEDICATION, INCLUDING MEDICAL MARIJUANA, AS A BASIS

FOR THE MODIFICATION OR REVOCATION OF AN ORDER OF PROBATION

UNLESS A PROHIBITION ON THE POSSESSION OR USE OF THE PRESCRIBED

MEDICATION IS A CONDITION OF THE DEFENDANT'S PROBATION.

(F) MANDATORY PROBATION REVIEW CONFERENCE.--

(1) A DEFENDANT SHALL BE ELIGIBLE FOR AN INITIAL

PROBATION REVIEW CONFERENCE AS FOLLOWS:

(I) SUBJECT TO SUBPARAGRAPH (II), AFTER THE

DEFENDANT HAS COMPLETED THREE YEARS OF PROBATION

FOLLOWING A MISDEMEANOR CONVICTION OR FIVE YEARS OF

PROBATION FOLLOWING A FELONY CONVICTION.

(II) ANY OF THE FOLLOWING:

(A) IF THE SENTENCE IMPOSED ARISES OUT OF

CONVICTIONS FOR MULTIPLE OFFENSES BUT DOES NOT

INCLUDE A CONVICTION OF A FELONY OFFENSE, AFTER THE

DEFENDANT HAS COMPLETED THREE YEARS OF PROBATION.

(B) IF THE SENTENCE IMPOSED ARISES OUT OF

CONVICTIONS FOR MULTIPLE OFFENSES AND INCLUDES AT

LEAST ONE FELONY CONVICTION, AFTER THE DEFENDANT HAS

COMPLETED FIVE YEARS OF PROBATION.

(2) UNLESS WAIVED UNDER SUBSECTION (D), THE COURT SHALL

HOLD A PROBATION REVIEW CONFERENCE NO LATER THAN 60 DAYS FROM

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THE DATE THE DEFENDANT IS ELIGIBLE.

(3) A DEFENDANT SHALL BE ELIGIBLE FOR AN INITIAL

PROBATION REVIEW CONFERENCE SIX MONTHS PRIOR TO THE DATE THAT

THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH (1)

IF THE DEFENDANT SUCCESSFULLY SATISFIES ANY OF THE FOLLOWING

CONDITIONS WHILE SERVING THE TERM OF PROBATION:

(I) EARNS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF

HIGH SCHOOL EQUIVALENCY.

(II) EARNS AN ASSOCIATE DEGREE FROM AN ACCREDITED

UNIVERSITY, COLLEGE, SEMINARY COLLEGE, COMMUNITY COLLEGE

OR TWO-YEAR COLLEGE.

(III) EARNS A BACHELOR'S DEGREE FROM AN ACCREDITED

UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.

(IV) EARNS A MASTER'S OR OTHER GRADUATE DEGREE FROM

AN ACCREDITED UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.

(V) OBTAINS A VOCATIONAL OR OCCUPATIONAL LICENSE,

CERTIFICATE, REGISTRATION OR PERMIT.

(VI) COMPLETES A CERTIFIED VOCATIONAL, CERTIFIED

TECHNICAL OR CERTIFIED CAREER EDUCATION OR TRAINING

PROGRAM.

(VII) ANY OTHER CONDITION APPROVED BY THE COURT AT

THE TIME OF SENTENCING THAT SUBSTANTIALLY ASSISTS THE

DEFENDANT IN LEADING A LAW-ABIDING LIFE OR FURTHERS THE

REHABILITATIVE NEEDS OF THE DEFENDANT.

(4) A DEFENDANT SERVING PROBATION FOLLOWING A FELONY

CONVICTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW

CONFERENCE UP TO A TOTAL OF 12 MONTHS PRIOR TO THE DATE THAT

THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPHS

(1) IF THE DEFENDANT SATISFIES TWO OR MORE OF THE CONDITIONS

UNDER PARAGRAPH (3).

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(5) TO QUALIFY A DEFENDANT FOR AN ACCELERATED INITIAL

PROBATION REVIEW CONFERENCE UNDER PARAGRAPH (3) OR (4), ANY

CONDITION UNDER PARAGRAPH (3)(V), (VI) OR (VII) MUST BE

APPROVED BY THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY OR ANY ADVISORY COMMITTEE OF THAT COMMISSION

DESIGNATED TO PROVIDE APPROVAL.

(6) A DEFENDANT SENTENCED TO A PERIOD OF PROBATION

CONSECUTIVE TO A PERIOD OF INCARCERATION IN A STATE

CORRECTIONAL INSTITUTION SHALL BE ELIGIBLE FOR AN INITIAL

PROBATION REVIEW CONFERENCE 12 MONTHS PRIOR TO THE DATE THAT

A DEFENDANT WOULD OTHERWISE BE ELIGIBLE FOR A PROBATION

REVIEW CONFERENCE UNDER PARAGRAPH (1) IF THE DEFENDANT

COMPLETED THE FINAL 12 MONTHS OF STATE PAROLE SUPERVISION

WITHOUT VIOLATING THE TERMS AND CONDITIONS OF THE DEFENDANT'S

PAROLE. THIS PARAGRAPH SHALL NOT APPLY TO A DEFENDANT WHO

SERVES FEWER THAN 12 MONTHS ON STATE PAROLE SUPERVISION.

(7) NOTWITHSTANDING PARAGRAPHS (1) AND (10), NO

DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE

IF THE DEFENDANT:

(I) COMMITTED A TECHNICAL VIOLATION WITHIN THE 18

MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION

REVIEW CONFERENCE; OR

(II) WAS CONVICTED OF A MISDEMEANOR OR FELONY

OFFENSE COMMITTED WHILE EITHER INCARCERATED OR SERVING

PROBATION.

(8) FOLLOWING THE PROBATION REVIEW CONFERENCE, THE COURT

SHALL TERMINATE PROBATION UNLESS THE COURT FINDS ANY OF THE

FOLLOWING:

(I) THE CONDUCT OF THE DEFENDANT ON PROBATION IS

SUCH THAT THERE EXISTS AN IDENTIFIABLE THREAT TO PUBLIC

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SAFETY, INCLUDING CONSIDERATION OF WHETHER THE DEFENDANT

IS THE SUBJECT OF AN ACTIVE PROTECTION FROM ABUSE ORDER

UNDER 23 PA.C.S. CH. 61 (RELATING TO PROTECTION FROM

ABUSE) OR AN ACTIVE PROTECTION FROM INTIMIDATION ORDER

UNDER 18 PA.C.S. CH. 49 SUBCH. B (RELATING TO VICTIM AND

WITNESS INTIMIDATION).

(II) THE DEFENDANT HAS NOT SUCCESSFULLY COMPLETED

ALL TREATMENT OR OTHER PROGRAMS REQUIRED AS A CONDITION

OF PROBATION, OR THE COURT OTHERWISE FINDS THAT

TERMINATION WOULD SUBSTANTIALLY JEOPARDIZE THE

REHABILITATIVE NEEDS OF THE DEFENDANT.

(III) THE DEFENDANT HAS FAILED TO PAY THE TOTAL

RESTITUTION OWED BY THE DEFENDANT.

(9) IF THE COURT DOES NOT TERMINATE PROBATION AT A

PROBATION REVIEW CONFERENCE SOLELY BECAUSE OF THE DEFENDANT'S

FAILURE TO PAY RESTITUTION IN FULL, THE COURT SHALL ORDER

THAT THE DEFENDANT BE PLACED ON ADMINISTRATIVE PROBATION IF

THE DEFENDANT HAS PAID AT LEAST 50% OF THE RESTITUTION OWED.

AN ELIGIBLE DEFENDANT PLACED ON ADMINISTRATIVE PROBATION

SHALL DO ALL OF THE FOLLOWING AND NOT BE SUBJECT TO ANY OTHER

CONDITIONS OF PROBATION:

(I) MAKE SUPERVISION CONTACT AT LEAST ONE TIME PER

YEAR.

(II) PROVIDE UPDATED CONTACT INFORMATION UPON A

CHANGE IN RESIDENCE OR EMPLOYMENT.

(III) PAY THE REMAINING RESTITUTION OWED, AS ORDERED

BY THE COURT.

(10) IF THE COURT DOES NOT TERMINATE PROBATION AT A

PROBATION REVIEW CONFERENCE, THE DEFENDANT SHALL BE ELIGIBLE

FOR A SUBSEQUENT PROBATION REVIEW CONFERENCE NO LATER THAN 12

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MONTHS AFTER THE DATE OF THE MOST RECENT PROBATION REVIEW

CONFERENCE.

(11) THIS SUBSECTION SHALL NOT APPLY IF ANY OF THE

FOLLOWING HAS OCCURRED:

(I) THE DEFENDANT WAS CONVICTED OF AN OFFENSE LISTED

UNDER SUBCHAPTER H (RELATING TO REGISTRATION OF SEXUAL

OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF

SEXUAL OFFENDERS) OF CHAPTER 97.

(II) THE DEFENDANT WAS CONVICTED OF A CRIME OF

VIOLENCE.

(III) THE DEFENDANT WAS CONVICTED OF AN OFFENSE

UNDER 18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT) OR

2709.1 (RELATING TO STALKING) AGAINST A FAMILY OR

HOUSEHOLD MEMBER.

(12) NOTHING IN THIS SUBSECTION SHALL PROHIBIT THE

COURT, IN ITS DISCRETION, FROM ELIMINATING OR DECREASING THE

TERM OF PROBATION UNDER SUBSECTION (D).

(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:

"CRIME OF VIOLENCE." AS DEFINED IN SECTION 9714(G) (RELATING

TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES).

"FAMILY OR HOUSEHOLD MEMBER." AS DEFINED IN 23 PA.C.S. §

6102(A) (RELATING TO DEFINITIONS).

"TECHNICAL VIOLATION." A VIOLATION OF THE TERMS AND

CONDITIONS OF A DEFENDANT'S SENTENCE, OTHER THAN BY THE

COMMISSION OF A NEW CRIME OF WHICH THE DEFENDANT IS CONVICTED OR

FOUND GUILTY BY A JUDGE OR JURY OR TO WHICH THE DEFENDANT PLEADS

GUILTY OR NOLO CONTENDERE IN A COURT OF RECORD.

SECTION 3. SECTION 9911 OF TITLE 42 IS AMENDED BY ADDING A

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DEFINITION TO READ:

§ 9911. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER

SHALL HAVE THE MEANINGS GIVEN IN THIS SECTION UNLESS THE CONTEXT

CLEARLY INDICATES OTHERWISE:

* * *

"DRUG TRAFFICKING OFFENSE." A VIOLATION OF SECTION 13(A)

(14), (30) OR (37) OF THE ACT OF APRIL 14, 1972 (P.L.233,

NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT, IF THE CONTROLLED SUBSTANCE OR A MIXTURE

CONTAINING THE CONTROLLED SUBSTANCE IS:

(1) MARIJUANA, IF THE AMOUNT OF MARIJUANA INVOLVED IS AT

LEAST 50 POUNDS OR AT LEAST 51 LIVE PLANTS.

(2) A NARCOTIC DRUG CLASSIFIED IN SCHEDULE I OR SCHEDULE

II UNDER SECTION 3 OR 4 OF THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT, IF THE AGGREGATE WEIGHT OF THE

COMPOUND OR MIXTURE CONTAINING THE SUBSTANCE INVOLVED IS AT

LEAST 100 GRAMS.

(3) ANY OF THE FOLLOWING, IF THE AGGREGATE WEIGHT OF THE

COMPOUND OR MIXTURE OF THE SUBSTANCE INVOLVED IS AT LEAST 100

GRAMS:

(I) COCA LEAVES.

(II) A SALT, COMPOUND, DERIVATIVE OR PREPARATION OF

COCA LEAVES.

(III) A SALT, COMPOUND, DERIVATIVE OR PREPARATION

THAT IS CHEMICALLY EQUIVALENT OR IDENTICAL WITH ANY OF

THE SUBSTANCES UNDER SUBPARAGRAPH (I) OR (II).

(IV) A MIXTURE CONTAINING ANY OF THE SUBSTANCES

UNDER SUBPARAGRAPH (I) OR (II), EXCEPT DECOCAINIZED COCA

LEAVES OR EXTRACTS OF COCA LEAVES WHICH DO NOT CONTAIN

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COCAINE OR ECGONINE.

(4) ANY OF THE FOLLOWING, IF THE AGGREGATE WEIGHT OF THE

COMPOUND OR MIXTURE OF THE SUBSTANCE INVOLVED IS AT LEAST 100

GRAMS:

(I) METHAMPHETAMINE.

(II) PHENCYCLIDINE.

(III) A SALT, ISOMER OR SALT OF AN ISOMER OF

METHAMPHETAMINE OR PHENCYCLIDINE.

(IV) A MIXTURE CONTAINING:

(A) METHAMPHETAMINE OR PHENCYCLIDINE.

(B) A SALT OF METHAMPHETAMINE OR PHENCYCLIDINE.

PHENCYCLIDINE.

(D) A SALT OF AN ISOMER OF METHAMPHETAMINE OR

PHENCYCLIDINE.

(5) HEROIN OR A MIXTURE CONTAINING HEROIN, IF THE

AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING THE

HEROIN IS 50 GRAMS OR GREATER.

(6) A MIXTURE CONTAINING 3,4-METHYLENEDIOXYAMPHETAMINE

(MDA); 3,4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA); 5-METHOXY-

3,4METHYLENEDIOXYAMPHETAMINE (MMDA); 3,4-METHYLENEDIOXY-N-

ETHYLAMPHETAMINE; N-HYDROXY-3; OR 4-METHYLENEDIOXYAMPHETAMINE

IF THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING

THE SUBSTANCE INVOLVED IS AT LEAST 1,000 TABLETS, CAPSULES,

CAPLETS OR OTHER DOSAGE UNITS, OR 300 GRAMS.

(7) FENTANYL OR A MIXTURE CONTAINING FENTANYL, IF THE

AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING THE

FENTANYL IS 10 GRAMS OR MORE.

(8) CARFENTANIL OR A MIXTURE CONTAINING CARFENTANIL, IF

THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING

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THE CARFENTANIL IS ONE GRAM OR MORE.

* * *

SECTION 4. SECTION 9912(D) OF TITLE 42 IS AMENDED BY ADDING

A PARAGRAPH TO READ:

§ 9912. SUPERVISORY RELATIONSHIP TO OFFENDERS.

* * *

(D) GROUNDS FOR PERSONAL SEARCH.--

* * *

(2.1) NOTWITHSTANDING PARAGRAPHS (1) AND (2), THE COURT

MAY ORDER THAT, AS A CONDITION OF THE OFFENDER'S PROBATION,

AN OFFICER EMPLOYED BY THE COUNTY IN WHICH THE OFFENDER IS

SUPERVISED MAY CONDUCT A SEARCH OF THE OFFENDER OR THE

OFFENDER'S PROPERTY WITHOUT A WARRANT OR REASONABLE SUSPICION

PURSUANT TO SUCH AUTHORIZATION, IF THE OFFENDER IS SERVING

PROBATION AS A RESULT OF A CONVICTION FOR ONE OF THE

FOLLOWING OFFENSES:

(I) AN OFFENSE IF THE OFFENDER POSSESSED A FIREARM

OR AN OFFENSIVE WEAPON, AS THOSE TERMS ARE DEFINED IN 18

PA.C.S. § 908(C) (RELATING TO PROHIBITED OFFENSIVE

WEAPONS), DURING THE COMMISSION OF THE OFFENSE.

(II) A DRUG TRAFFICKING OFFENSE.

(III) AN OFFENSE LISTED UNDER SUBCHAPTER H (RELATING

TO REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO

CONTINUED REGISTRATION OF SEXUAL OFFENDERS) OF CHAPTER

97.

* * *

SECTION 5. SECTION 6153(D) OF TITLE 61 IS AMENDED BY ADDING

A PARAGRAPH TO READ:

§ 6153. SUPERVISORY RELATIONSHIP TO OFFENDERS.

* * *

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(D) GROUNDS FOR PERSONAL SEARCH OF OFFENDER.--

* * *

(2.1) NOTWITHSTANDING PARAGRAPHS (1) AND (2), THE COURT

MAY ORDER THAT, AS A CONDITION OF THE OFFENDER'S PROBATION,

AN AGENT MAY CONDUCT A SEARCH OF THE OFFENDER OR THE

OFFENDER'S PROPERTY WITHOUT A WARRANT OR REASONABLE SUSPICION

PURSUANT TO SUCH AUTHORIZATION, IF THE OFFENDER IS SERVING

PROBATION AS A RESULT OF A CONVICTION FOR ONE OF THE

FOLLOWING OFFENSES:

(I) AN OFFENSE IF THE OFFENDER POSSESSED A FIREARM

OR AN OFFENSIVE WEAPON, AS THOSE TERMS ARE DEFINED IN 18

PA.C.S. § 908(C) (RELATING TO PROHIBITED OFFENSIVE

WEAPONS), DURING THE COMMISSION OF THE OFFENSE.

(II) A DRUG TRAFFICKING OFFENSE, AS THAT TERM IS

DEFINED IN 42 PA.C.S. § 9911 (RELATING TO DEFINITIONS).

(III) AN OFFENSE LISTED UNDER 42 PA.C.S. SUBCH. H

(RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR I

(RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS).

* * *

SECTION 6. THIS ACT SHALL APPLY ONLY TO INDIVIDUALS

SENTENCED OR RESENTENCED ON OR AFTER THE EFFECTIVE DATE OF THIS

SECTION.

SECTION 7. THIS ACT SHALL TAKE EFFECT JANUARY 1, 2020.

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