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PRINTER'S NO. 2000
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1574
Session of
2019
INTRODUCED BY SCHEMEL, McCLINTON, SOLOMON, T. DAVIS,
SCHLOSSBERG, JOHNSON-HARRELL, A. DAVIS, DeLUCA AND DAWKINS,
JUNE 4, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 4, 2019
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 powers and duties, for adoption of guidelines
for sentencing, for adoption of guidelines for county
intermediate punishment, for adoption of guidelines for State
intermediate punishment and for adoption of risk assessment
instrument; in sentencing, further providing for sentencing
generally, for order of probation, for sentence of partial
confinement, for sentence of total confinement, for sentence
of county intermediate punishment, for information required
upon commitment and subsequent disposition, for modification
or revocation of order of probation, for court-imposed
sanctions for offenders violating probation, for modification
or revocation of county intermediate punishment sentence and
for revocation of State intermediate punishment sentence; in
county intermediate punishment, further providing for county
intermediate punishment programs and for continued
eligibility; in motivational boot camp, further providing for
definitions, for selection of inmate participants and for
motivational boot camp program; in State intermediate
punishment, further providing for scope of chapter, for
definitions, for referral to State intermediate punishment
program, for drug offender treatment program and for reports;
in recidivism risk reduction incentive, further providing for
definitions, for evaluation and for reports; in Pennsylvania
Board of Probation and Parole, further providing for
definitions, for advisory committee, for general powers of
board, for probation services and for parole power, providing
for short sentence parole, further providing for violation of
terms of parole and for parole procedure; and making
conforming amendments.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2153(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph and the
section is amended by adding a subsection to read:
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
* * *
(16) Report to the General Assembly on:
(i) implementation of revisions to the guidelines
under sections 2154 (relating to adoption of guidelines
for sentencing) and 2154.1 (relating to adoption of
guidelines for restrictive conditions);
(ii) implementation and outcomes of justice
reinvestment funding to county probation;
(iii) use of court-imposed sanctions for violating
probation under section 9771.1 (relating to court-imposed
sanctions for violating probation);
(iv) in consultation with the Office of the Budget
and the Department of Corrections, the implementation of
short sentence parole under 61 Pa.C.S. § 6137.1 (relating
to short sentence parole), use of the State drug
treatment program under 61 Pa.C.S. Ch. 41 (relating to
State drug treatment program) and use of sanctions for
technical parole violations under 61 Pa.C.S. § 6138(c)(8)
(relating to violation of terms of parole); and
(v) evaluations of the effectiveness of various
criminal justice interventions and programming, including
restrictive conditions of probation, recidivism risk
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reduction incentive programs, the State drug treatment
program, the State motivational boot camp program,
pretrial diversion programs, prisoner treatment programs
and prisoner reentry programs. For evaluations of the
effectiveness of programs in reducing recidivism, the
commission shall report on:
(A) The number of individuals eligible for the
program, the number of individuals participating in
the program and the number of individuals who
successfully completed the program during the period
under study.
(B) The recidivism rates for participants of the
program and for a comparison group of individuals who
did not participate in the program.
(C) Potential changes in the program that the
commission believes would make the program more
effective.
(D) Any other information the commission deems
relevant.
* * *
(d) Hearings.--The General Assembly shall convene hearings
in the appropriate committees to hear and deliberate upon
reports under subsection (a)(16).
Section 2. Sections 2154 and 2154.1 of Title 42 are amended
to read:
§ 2154. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for
sentencing within the limits established by law which shall be
considered by the sentencing court in determining the
appropriate sentence for defendants who plead guilty or nolo
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contendere to, or who were found guilty of, felonies and
misdemeanors. In adopting guidelines, the commission shall
recommend confinement that is consistent with the protection of
the public, the gravity of the offense as it relates to the
impact on the life of the victim and the community and the
rehabilitative needs of the offender. The guidelines shall
address the following retributive factors:
(1) Seriousness of the offense, by specifying the range
of sentences applicable to crimes of a given degree of
gravity[, including incapacitation of serious violent
offenders].
(2) Criminal history, by specifying a range of sentences
of increased severity or intensity of intervention for
offenders previously convicted of or adjudicated delinquent
for one or more misdemeanor or felony offenses committed
prior to the current offense. The commission may exclude or
reduce the valuation of less serious offenses and increase
the valuation of offenses committed while under supervision
or in a temporal or offense pattern.
(3) Criminal behavior, by specifying a range of
sentences of increased severity or intensity of intervention
for offenders [who pose a substantial risk to public safety]
with increased culpability , including those who possessed or
used a deadly weapon or inflicted substantial harm during the
commission of the current conviction offense.
(4) Aggravated and mitigated ranges, by specifying
variations from the range of sentences applicable on account
of aggravating or mitigating circumstances.
(5) The impact of any amendments to section 9756
(relating to sentence of total confinement).
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(b) Adjustments.--The guidelines shall include the following
risk-related adjustments:
(1) Incapacitation of serious violent offenders.
(2) Modifications to criminal history to reflect risk to
reoffend and substantial risk to public safety to adjust the
length of total confinement for more serious criminal
history.
(3) Recommendations related to the use of county
intermediate punishment programs as restrictive conditions of
probation.
(c) Interactive information.--The guidelines shall include
interactive information to support decisions with risk,
recidivism and cost information.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Possessed." On a defendant's person or within the
defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any
finding of guilt or adjudication of delinquency, whether or not
sentence has been imposed or disposition ordered prior to the
commission of the current offense.
§ 2154.1. Adoption of guidelines for [county intermediate
punishment] restrictive conditions.
(a) General rule.--The commission shall adopt guidelines to
identify offenders who would be eligible and appropriate for
[participation in county intermediate punishment programs]
restrictive conditions of probation. These guidelines shall be
considered by the sentencing court in determining whether to
[sentence an offender] impose restrictive conditions pursuant to
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section 9763 (relating to [sentence of county intermediate
punishment] conditions of probation). The guidelines shall[:
(1) Use the description of "eligible offender" provided
in Chapter 98 (relating to county intermediate punishment).
(2) Give] give primary consideration to reducing
recidivism for the protection of the public safety.
(b) Compliance.--The commission shall certify compliance
with guidelines adopted by the commission for county
intermediate punishment or for imposing restrictive conditions
of probation and with related statutory requirements and report
the results to the Pennsylvania Commission on Crime and
Delinquency.
Section 3. Section 2154.2 of Title 42 is repealed:
[§ 2154.2. Adoption of guidelines for State intermediate
punishment.
The commission shall adopt guidelines to identify offenders
who would be appropriate for participation in State intermediate
punishment programs. These guidelines shall be considered by the
attorney for the Commonwealth and the sentencing court in
determining whether to commit a defendant for evaluation and
whether to sentence an eligible offender pursuant to 61 Pa.C.S.
Ch. 41 (relating to State intermediate punishment). The
guidelines shall:
(1) Use the description of "eligible offender" provided
in 61 Pa.C.S. Ch. 41.
(2) Give primary consideration to protection of the
public safety.]
Section 4. Sections 2154.7(d), 9721(a), (a.1) and (b), 9754,
9755(d) and (h), 9756(c.1), 9763 heading, (a), (b)(14), (16) and
(17), (c) and (d), 9764(f), 9771(a) and (b) and 9771.1 of Title
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42 are amended to read:
§ 2154.7. Adoption of risk assessment instrument.
* * *
(d) Alternative sentencing.--Subject to the eligibility
requirements of each program, the risk assessment instrument may
be an aide to help determine:
(1) for persons under supervision, intensity of
intervention, use of restrictive conditions and duration of
supervision; and
(2) appropriate candidates for alternative sentencing,
including the recidivism risk reduction incentive, State [and
county intermediate punishment programs] drug treatment
program and State motivational boot camps.
* * *
§ 9721. Sentencing generally.
(a) General rule.--In determining the sentence to be imposed
the court shall, except as provided in subsection (a.1),
consider and select one or more of the following alternatives,
and may impose them consecutively or concurrently:
(1) An order of probation.
(2) A determination of guilt without further penalty.
(3) Partial confinement.
(4) Total confinement.
(5) A fine.
[(6) County intermediate punishment.
(7) State intermediate punishment.]
(a.1) Exception.--
(1) Unless specifically authorized under section 9763
(relating to [a sentence of county intermediate punishment)
or 61 Pa.C.S. Ch. 41 (relating to State intermediate
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punishment)] conditions of probation), subsection (a) shall
not apply where a mandatory minimum sentence is otherwise
provided by law.
(2) [An eligible offender may be sentenced to State
intermediate punishment pursuant to subsection (a)(7) and as
described in 61 Pa.C.S. Ch. 41 or to] A person may be
eligible for the State drug treatment program or State
motivational boot camp as described in 61 Pa.C.S. Ch. 39
(relating to motivational boot camp), even if a mandatory
minimum sentence would otherwise be provided by law.
(3) An eligible [offender] person may be sentenced to
total confinement pursuant to subsection (a)(4) and a
recidivism risk reduction incentive minimum sentence pursuant
to section 9756(b.1) (relating to sentence of total
confinement), even if a mandatory minimum sentence would
otherwise be provided by law.
(b) General standards.--In selecting from the alternatives
set forth in subsection (a), the court shall follow the general
principle that the sentence imposed should call for total
confinement that is consistent with section 9725 (relating to
total confinement) and the protection of the public, the gravity
of the offense as it relates to the impact on the life of the
victim and on the community, and the rehabilitative needs of the
defendant. The court shall also consider any guidelines for
sentencing and resentencing adopted by the Pennsylvania
Commission on Sentencing and taking effect under section 2155
(relating to publication of guidelines for sentencing,
resentencing and parole, risk assessment instrument and
recommitment ranges following revocation). In every case in
which the court imposes a sentence for a felony or misdemeanor,
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modifies a sentence, resentences [an offender] a person
following revocation of probation[, county intermediate
punishment or State intermediate punishment] or resentences
following remand, the court shall make as a part of the record,
and disclose in open court at the time of sentencing, a
statement of the reason or reasons for the sentence imposed. In
every case where the court imposes a sentence or resentence
outside the guidelines adopted by the Pennsylvania Commission on
Sentencing under sections 2154 (relating to adoption of
guidelines for sentencing), 2154.1 (relating to adoption of
guidelines for [county intermediate punishment), 2154.2
(relating to adoption of guidelines for State intermediate
punishment)] restrictive conditions), 2154.3 (relating to
adoption of guidelines for fines), 2154.4 (relating to adoption
of guidelines for resentencing) and 2154.5 (relating to adoption
of guidelines for parole) and made effective under section 2155,
the court shall provide a contemporaneous written statement of
the reason or reasons for the deviation from the guidelines to
the commission, as established under section 2153(a)(14)
(relating to powers and duties). Failure to comply shall be
grounds for vacating the sentence or resentence and resentencing
the defendant.
* * *
§ 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.
The court shall consider probation guidelines adopted by the
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Pennsylvania Commission on Sentencing under sections 2154
(relating to adoption of guidelines for sentencing) and 2154.1
(relating to adoption of guidelines for restrictive conditions).
(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.
(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
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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.] reasonable
conditions authorized by section 9763 (relating to conditions
of probation).
(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.
§ 9755. Sentence of partial confinement.
* * *
(d) Conditions to release.--The court may in addition
include in its order such of the conditions as are enumerated in
section [9754 (relating to order of probation)] 9763 (relating
to conditions of probation) as may be reasonably related to the
sentence.
* * *
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(h) Sentence of partial confinement combined with [sentence
of county intermediate punishment] probation.--The court may
impose a sentence of partial confinement without parole under
this subsection only when:
(1) the period of partial confinement is followed
immediately by [a sentence] restrictive conditions of
probation imposed pursuant to section 9763 (relating to
[sentence of county intermediate punishment)] conditions of
probation) in which case the sentence of partial confinement
shall specify the number of days of partial confinement to be
served; and
(2) the maximum sentence of partial confinement imposed
on one or more indictments to run consecutively or
concurrently total 90 days or less.
§ 9756. Sentence of total confinement.
* * *
(c.1) Sentence of total confinement combined with [sentence
of county intermediate punishment] probation.--The court may
impose a sentence of imprisonment without parole under this
subsection only when:
(1) the period of total confinement is followed
immediately by [a sentence] restrictive conditions of
probation imposed pursuant to section 9763(c) or (d)
(relating to [sentence of county intermediate punishment)]
conditions of probation) in which case the sentence of total
confinement shall specify the number of days of total
confinement also to be served; and
(2) the maximum sentence of total confinement imposed on
one or more indictments to run consecutively or concurrently
total 90 days or less.
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* * *
§ 9763. [Sentence of county intermediate punishment] Conditions
of probation.
(a) General rule.--In imposing [a sentence of county
intermediate punishment] probation, the court shall consider
guidelines adopted by the Pennsylvania Commission on Sentencing
under section 2154 (relating to adoption of guidelines for
sentencing) or 2154.1 (relating to adoption of guidelines for
restrictive conditions) and specify at the time of sentencing
the conditions of probation, including the length of the term
[for which the defendant is to be in a county intermediate
punishment program established under Chapter 98 (relating to
county intermediate punishment) or a combination of county
intermediate punishment programs. The term may not exceed the
maximum term for which the defendant could be confined and the
program to which the defendant is sentenced. The court may order
a defendant to serve a portion of the sentence under section
9755 (relating to sentence of partial confinement) or 9756
(relating to sentence of total confinement) and to serve a
portion in a county intermediate punishment program or a
combination of county intermediate punishment programs.] of
restrictive conditions under subsection (c) or (d). The term of
restrictive conditions under subsection (c) shall be equal to or
greater than the mandatory minimum term of imprisonment required
by statute.
(b) Conditions generally.--The court may attach any of the
following conditions upon the defendant as it deems necessary:
* * *
(14) To participate in drug or alcohol screening and
treatment programs, including outpatient [and inpatient]
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programs.
* * *
[(16) To remain within the premises of the defendant's
residence during the hours designated by the court.
(17) To be subject to electronic monitoring.]
(c) [Restriction] Restrictive DUI probation conditions.--
(1) Any person receiving a penalty imposed pursuant to
75 Pa.C.S. § 1543(b) (relating to driving while operating
privilege is suspended or revoked), former 75 Pa.C.S. § 3731
(relating to driving under influence of alcohol or controlled
substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a
first, second or third offense under 75 Pa.C.S. Ch. 38
(relating to driving after imbibing alcohol or utilizing
drugs) may only [be sentenced to county intermediate
punishment] have probation imposed after undergoing an
assessment under 75 Pa.C.S. § 3814 (relating to drug and
alcohol assessments).
(2) If the defendant is determined to be in need of drug
and alcohol treatment, the defendant may only [be sentenced
to county intermediate punishment which] have probation that
includes participation in drug and alcohol treatment under 75
Pa.C.S. § 3815(c) (relating to mandatory sentencing). The
defendant [may only be sentenced to county intermediate
punishment in] shall have restrictive DUI probation
conditions of:
(i) a residential inpatient program or a residential
rehabilitative center;
(ii) house arrest with electronic surveillance;
(iii) a partial confinement program such as work
release, work camp and halfway facility; or
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(iv) any combination of the programs set forth in
this paragraph.
(3) If the defendant is determined not to be in need of
drug and alcohol treatment, the defendant [may only be
sentenced to county intermediate punishment in] shall have
restrictive DUI probation conditions of:
(i) house arrest with electronic surveillance;
(ii) partial confinement programs such as work
release, work camps and halfway facilities; or
(iii) any combination of the programs set forth in
this paragraph.
(4) If the defendant is determined to be in need of
additional treatment under 75 Pa.C.S. § 3814(2), the judge
shall impose a minimum sentence as provided by law and a
maximum sentence equal to the statutorily available maximum.
A sentence to the statutorily available maximum imposed under
this subsection may, in the discretion of the sentencing
court, be ordered to be served in a county prison,
notwithstanding the provisions of section 9762 (relating to
sentencing proceeding; place of confinement).
(d) [Sentence following violation of condition.--The
sentence to be imposed in the event of the violation of a
condition under subsection (b) shall not be imposed prior to a
finding on the record that a violation has occurred.
Notwithstanding any other provision of law requiring notice
prior to sentencing, in the event of a violation of a condition
under subsection (b), the attorney for the Commonwealth may file
notice at any time prior to resentencing of the Commonwealth's
intention to proceed under an applicable provision of law
requiring a mandatory minimum sentence.] Restrictive conditions
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of probation.--Probation may include restrictive conditions
that:
(1) house the person full time or part time, including
inpatient treatment; or
(2) significantly restrict the person's movement and
monitor the person's compliance with the program, including
electronic monitoring or home confinement.
§ 9764. Information required upon commitment and subsequent
disposition.
* * *
(f) Release from county correctional facility to State
probation or parole.--
(1) Prior to the release of an inmate from a county
correctional facility to State probation or parole
supervision, the facility shall provide to the Department of
Corrections and the Pennsylvania Board of Probation and
Parole the information contained in subsections [(a)(1)
through (4)] (a) and (b) with the exception of subsection (a)
(5).
(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.
* * *
§ 9771. Modification or revocation of order of probation.
(a) General rule.--The court [may] has inherent power to at
any time terminate continued supervision or lessen [or increase]
the conditions upon which an order of probation has been
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imposed.
(b) Revocation.--The court may increase the conditions,
impose a brief sanction under section 9771.1 (relating to court-
imposed sanctions for violating probation) or 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. The attorney for
the Commonwealth may file notice at any time prior to
resentencing of the Commonwealth's intention to proceed under an
applicable provision of law requiring a mandatory minimum
sentence.
* * *
§ 9771.1. Court-imposed sanctions for [offenders] violating
probation.
(a) Program.--Notwithstanding the provisions of section 9771
(relating to modification or revocation of order of probation),
the court of common pleas of a judicial district may establish a
program to impose swift, predictable and [immediate] brief
sanctions on [offenders] persons who violate their probation.
[(b) Coordination with other officials.--The court shall
work with probation administrators and officers, jail
administrators, prosecutors, public defenders and law
enforcement in the judicial district to develop and implement
the program.
(c) Eligibility.--
(1) The court shall determine which offenders are
eligible for and admitted into the program. The program shall
focus on, but not be limited to, offenders who have committed
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drug-related crimes.
(2) An offender shall be ineligible for the program if
the offender has been convicted or adjudicated delinquent of
a crime of violence as defined in section 9714 (relating to
sentences for second and subsequent offenses) or of a crime
requiring registration under Subchapter H (relating to
registration of sexual offenders).
(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).
(e) Drug testing.--The program shall require, when
applicable, randomized drug testing.]
(f) Violation hearing.--If a participant commits a probation
violation, the participant shall promptly be arrested, and a
hearing shall be held no later than two business days after the
arrest date.
(g) Sanctions.--
(1) The court shall impose a term of imprisonment of up
to:
(i) three days for a first violation;
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(ii) seven days for a second violation;
(iii) fourteen days for a third violation; and
(iv) twenty-one days for a fourth or subsequent
violation of probation.
(2) The court may allow the term of imprisonment to be
served on weekends or other nonwork days for employed
probationers who have committed a first or second violation.
(3) The court may increase the conditions of probation,
including additional substance abuse treatment for a
participant who has failed one or more drug tests.
(h) Exceptions.--If the participant is able to provide a
compelling reason for the probation violation, the court may
grant an exception to the sanctions authorized under subsection
(g).
(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.
(j) Local rules.--
(1) The court may adopt local rules for the
administration of this program. Except as provided for under
paragraph (2), the local rules may not be inconsistent 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).
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Section 5. Sections 9773 and 9774 of Title 42 are repealed:
[§ 9773. Modification or revocation of county intermediate
punishment sentence.
(a) General rule.--The court may at any time terminate a
sentence of county intermediate punishment or increase or
decrease the conditions of a sentence pursuant to section 9763
(relating to sentence of county intermediate punishment).
(b) Revocation.--The court may revoke a sentence of county
intermediate punishment upon proof of a violation of specific
conditions of the sentence. Upon revocation and subject to
section 9763(d), the sentencing alternatives available to the
court shall be the same as the alternatives available at the
time of initial sentencing. Upon a revocation of county
intermediate punishment for any reason specified by law, the
attorney for the Commonwealth may file notice, at any time prior
to resentencing, of the Commonwealth's intention to proceed
under an applicable provision of law requiring a mandatory
minimum sentence. Consideration shall be given to the time
served in the county intermediate punishment program.
(c) Hearing required.--A court shall not revoke or increase
the conditions of a sentence of county intermediate punishment
without a hearing at which the court shall consider the record
of the initial sentencing proceeding as well as the conduct of
the defendant while serving a sentence of county intermediate
punishment. A hearing is not required to decrease the conditions
of the sentence.
§ 9774. Revocation of State intermediate punishment sentence.
(a) General rule.--The court may at any time terminate a
sentence of State intermediate punishment pursuant to 61 Pa.C.S.
Ch. 41 (relating to State intermediate punishment).
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(b) Revocation.--The court shall revoke a sentence of State
intermediate punishment if after a hearing it determines that
the participant was expelled from or failed to complete the
program.
(c) Proceedings upon revocation.--Upon revocation of a State
intermediate punishment sentence, the sentencing alternatives
available to the court shall be the same as the alternatives
available at the time of initial sentencing. The attorney for
the Commonwealth must file notice, at any time prior to
resentencing, of the Commonwealth's intention to proceed under
an applicable provision of law requiring a mandatory minimum
sentence.]
Section 6. Sections 9804 and 9810(a) of Title 42 are amended
to read:
§ 9804. County intermediate punishment programs.
(a) Description.--County intermediate punishment [program
options shall include the following:
(1) Restrictive intermediate punishments providing for
the strict supervision of the offender, including programs
that:
(i) house the offender full or part time;
(ii) significantly restrict the offender's movement
and monitor the offender's compliance with the program;
or
(iii) involve a combination of programs that meet
the standards set forth under subparagraphs (i) and (ii).
(2) When utilized in combination with restrictive
intermediate punishments, restorative sanctions providing for
nonconfinement sentencing options that:
(i) Are the least restrictive in terms of the
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constraint of the offender's liberties.
(ii) Do not involve the housing of the offender,
either full or part time.
(iii) Focus on restoring the victim to pre-offense
status.] programs are restrictive conditions of probation
imposed under section 9763(c) or (d) (relating to
conditions of probation), which may be subject to
guidelines adopted under section 2154.1 (relating to
adoption of guidelines for restrictive conditions).
(b) Eligibility.--
(1) (i) [No person other than the eligible offender
shall be sentenced to a county intermediate punishment
program.] Upon adoption of guidelines for imposing
restrictive conditions adopted by the Pennsylvania
Commission on Sentencing under section 2154.1, only
eligible persons may have restrictive conditions imposed.
(ii) The prosecuting attorney, in the prosecuting
attorney's sole discretion, may advise the court that the
Commonwealth has elected to waive the eligibility
requirements [of this chapter] if the victim has been
given notice of the prosecuting attorney's intent to
waive the eligibility requirements and an opportunity to
be heard on the issue.
(iii) The court, after considering victim input, may
refuse to accept the prosecuting attorney's waiver of the
eligibility requirements.
(2) [The Pennsylvania Commission on Sentencing shall
employ the term "eligible offender" to further identify
offenders who would be appropriate for participation in
county intermediate punishment programs. In developing the
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guidelines, the commission shall give primary consideration
to protection of the public safety.] Only programs that meet
the requirements of restrictive conditions of probation under
section 9763(c) or (d) and are certified in accordance with
section 2154.1(b) shall be eligible for county intermediate
punishment program funding.
[(4) (i) Any person receiving a penalty imposed
pursuant to 75 Pa.C.S. § 1543(b) (relating to driving
while operating privilege is suspended or revoked), 3804
(relating to penalties) or 3808(a)(2) (relating to
illegally operating a motor vehicle not equipped with
ignition interlock) shall undergo an assessment under 75
Pa.C.S. § 3814 (relating to drug and alcohol
assessments).
(ii) If the defendant is determined to be in need of
drug and alcohol treatment, a sentence to county
intermediate punishment shall include participation in
drug and alcohol treatment under 75 Pa.C.S. § 3815(c)
(relating to mandatory sentencing). The defendant may
only be sentenced to county intermediate punishment in:
(A) a residential inpatient program or a
residential rehabilitative center;
(B) house arrest with electronic surveillance;
(C) a partial confinement program such as work
release, work camp and halfway facility; or
(D) any combination of the programs set forth in
this subparagraph.
(iii) If the defendant is determined not to be in
need of drug and alcohol treatment or if the defendant
receives a penalty imposed under 30 Pa.C.S. § 5502(c.1)
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(relating to operating watercraft under influence of
alcohol or controlled substance), the defendant may only
be sentenced to a county intermediate punishment program
in:
(A) house arrest with electronic surveillance;
(B) partial confinement programs such as work
release, work camps and halfway facilities; or
(C) any combination of the programs set forth in
this paragraph.
(5) A defendant subject to 75 Pa.C.S. § 3804 (relating
to penalties) or 30 Pa.C.S. § 5502(c.1) may only be sentenced
to county intermediate punishment for a first, second or
third offense under 75 Pa.C.S. Ch. 38 (relating to driving
after imbibing alcohol or utilizing drugs) or 30 Pa.C.S. §
5502.]
§ 9810. Continued eligibility.
(a) Evaluation.--In order to remain eligible for [continued
grant] county intermediate punishment funding, a county shall
comply with commission standards and regulations and participate
in an evaluation to determine program effectiveness. The form of
the evaluation shall be determined by the commission[.] and
shall include certification by the Pennsylvania Commission on
Sentencing under section 2154.1(b) (relating to adoption of
guidelines for restrictive conditions).
* * *
Section 7. The definition of "eligible inmate" in section
3903 of Title 61 is amended to read:
§ 3903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Eligible inmate." A person sentenced to a term of
confinement under the jurisdiction of the Department of
Corrections who is serving a term of confinement, the minimum of
which is not more than two years and the maximum of which is
five years or less, or an inmate who is serving a term of
confinement, the minimum of which is not more than three years
where that inmate is within two years of completing his minimum
term, and who has not reached 40 years of age at the time he is
approved for participation in the motivational boot camp
program. The term shall not include any inmate who is subject to
a sentence the calculation of which included an enhancement for
the use of a deadly weapon as defined pursuant to the sentencing
guidelines promulgated by the Pennsylvania Commission on
Sentencing, any inmate who has been convicted or adjudicated
delinquent of any crime requiring registration under 42 Pa.C.S.
Ch. 97 Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual offenders) or
any inmate with a current conviction or a prior conviction
within the past ten years for [any of the following offenses:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
18 Pa.C.S. § 2506 (relating to drug delivery resulting in
death).
18 Pa.C.S. § 2901(a) (relating to kidnapping).
18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
offenses).
18 Pa.C.S. § 3502 (relating to burglary) in the case of
burglary of a structure adapted for overnight accommodation
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in which at the time of the offense any person is present.
18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
robbery).
18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)
(iii) (relating to drug trafficking sentencing and
penalties).] drug trafficking as defined in section 4103
(relating to definitions) or a crime of violence as defined
in 42 Pa.C.S. § 9714(g) (relating to sentences for second or
subsequent offenses).
* * *
Section 8. Sections 3904(b) and 3905(e) of Title 61 are
amended to read:
§ 3904. Selection of inmate participants.
* * *
(b) Duties of sentencing judge.--The sentencing judge shall
employ the sentencing guidelines to identify those defendants
who are eligible for participation in a motivational boot camp.
The judge shall have the discretion to exclude a defendant from
eligibility if the judge determines that the defendant would be
inappropriate for placement in a motivational boot camp. The
judge shall note on the sentencing order whether the defendant
has been [identified as eligible] excluded from eligibility for
a motivational boot camp program.
* * *
§ 3905. Motivational boot camp program.
* * *
[(e) Evaluation.--The department and the commission shall
monitor and evaluate the motivational boot camp programs to
ensure that the programmatic objectives are met. Both shall
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present biennial reports of the evaluations to the Judiciary
Committee of the Senate and the Judiciary Committee of the House
of Representatives no later than February 1 in alternate years.]
Section 9. The heading of Chapter 41 of Title 61 is amended
to read:
CHAPTER 41
STATE [INTERMEDIATE PUNISHMENT] DRUG TREATMENT PROGRAM
Section 10. Section 4101 of Title 61 is amended to read:
§ 4101. Scope of chapter.
This chapter relates to the State [intermediate punishment]
drug treatment program.
Section 11. The definitions of "eligible offender" and
"participant" in section 4103 of Title 61 are amended and the
section is amended by adding a definition 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:
* * *
"Drug trafficking." 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, where
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 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.
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(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
which is chemically equivalent or identical with any of
the substances under subparagraphs (i) and (ii).
(iv) A mixture containing any of the substances
under subparagraphs (i) and (ii), except decocainized
coca leaves or extracts of coca leaves which do not
contain 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.
(C) An isomer of methamphetamine or
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.
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(6) Fentanyl or a mixture containing fentanyl, if the
aggregate weight of the compound or mixture containing the
fentanyl is 50 grams or greater.
(7) A mixture containing 3, 4-methylenedioxyamphetamine
(MDA); 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-
3,4methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine.
"Eligible [offender." Subject to 42 Pa.C.S. § 9721(a.1)
(relating to sentencing generally), a defendant] person."
(1) A person who has not been designated by the
sentencing court as ineligible and is a person convicted of a
drug-related offense who:
[(1)] (i) Has undergone an assessment performed by
the Department of Corrections, which assessment has
concluded that the [defendant] person is in need of drug
and alcohol addiction treatment and would benefit from
commitment to [a drug offender] the State drug treatment
program and that placement in [a drug offender] the State
drug treatment program would be appropriate.
[(2)] (ii) Does not demonstrate a history of present
or past violent behavior.
[(3) Would be placed in the custody of the
department if not sentenced to State intermediate
punishment.] (iii) Is a person sentenced to a term of
confinement under the jurisdiction of the department, the
minimum of which is not more than two years, or a person
who is serving a term of confinement, the minimum of
which is not more than five years where the person is
within two years of completing the person's minimum term.
[(4)] (iv) Provides written consent permitting
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release of information pertaining to the [defendant's]
person's participation in [a drug offender] the State
drug treatment program.
(2) The term shall not include a [defendant] person who
is subject to a sentence the calculation of which includes an
enhancement for the use of a deadly weapon, as defined
pursuant to law or the sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing, a [defendant]
person who has been convicted or adjudicated delinquent of
any crime requiring registration under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders) or I
(relating to continued registration of sexual offenders) or a
[defendant] person with a current conviction or a prior
conviction within the past ten years for [any of the
following offenses:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
18 Pa.C.S. § 2506 (relating to drug delivery resulting in
death).
18 Pa.C.S. § 2901(a) (relating to kidnapping).
18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
offenses).
18 Pa.C.S. § 3502 (relating to burglary), in the case of
burglary of a structure adapted for overnight accommodation
in which at the time of the offense any person is present.
18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
robbery).
18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)
(iii) (relating to drug trafficking sentencing and
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penalties).] drug trafficking as defined in this section or a
crime of violence as defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second or subsequent offenses).
* * *
"Participant." An eligible [offender actually sentenced to
State intermediate punishment pursuant to 42 Pa.C.S. § 9721(a)
(7) (relating to sentencing generally).] person placed in the
State drug treatment program.
* * *
Section 12. Sections 4104, 4105 and 4107 of Title 61 are
amended to read:
§ 4104. [Referral to State intermediate punishment] Selection
for the State drug treatment program.
(a) [Referral for evaluation.--
(1) Prior to imposing a sentence, the court may, upon
motion of the Commonwealth, commit a defendant to the custody
of the department for the purpose of evaluating whether the
defendant would benefit from a drug offender treatment
program and whether placement in the drug offender treatment
program is appropriate.
(1.1)] Duties of commission and sentencing judge.--
(1) Through the use of sentencing guidelines, the
commission shall employ the term "eligible person" as defined
in this chapter to further identify persons who would be
potentially appropriate for participation in the State drug
treatment program. The sentencing judge shall employ the
sentencing guidelines to identify persons who are eligible
for participation in the State drug treatment program. The
judge shall consider the position of a victim of the crime,
as advised by the prosecuting attorney, on whether to exclude
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the person from eligibility for placement in the State drug
treatment program. The judge shall exclude the person from
eligibility if the prosecuting attorney opposes eligibility.
The judge shall note on the sentencing order if a person has
been excluded from eligibility for the State drug treatment
program. If the person is not excluded from eligibility, the
minimum sentence imposed shall operate as the minimum for
parole eligibility purposes if the person is not placed in
the program by the department under subsection (c) or if the
person is expelled from the program under section 4105(f)
(relating to State drug treatment program).
(2) (i) The prosecuting attorney shall advise the court
if the prosecuting attorney or a victim of the crime opposes
eligibility and, in the prosecuting attorney's sole
discretion, may advise the court that the Commonwealth has
elected to waive the eligibility requirements of this chapter
if the victim has been given notice of the prosecuting
attorney's intent to waive the eligibility requirements and
an opportunity to be heard on the issue.
(ii) The court, after considering victim input, may
refuse to accept the prosecuting attorney's waiver of the
eligibility requirements.
[(2) Upon committing a defendant to the department, the
court shall forward to the department:
(i) A summary of the offense for which the defendant
has been convicted.
(ii) Information relating to the defendant's history
of delinquency or criminality, including the information
maintained by the court under 42 Pa.C.S. Ch. 63 (relating
to juvenile matters), when available.
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(iii) Information relating to the defendant's
history of drug or alcohol abuse or addiction, when
available.
(iv) A presentence investigation report, when
available.
(v) Any other information the court deems relevant
to assist the department with its assessment of the
defendant.]
(b) Assessment of [addiction.--
(1) The] addiction.--The department shall conduct an
assessment of the addiction and other treatment needs of [a
defendant] an eligible person and determine whether the
[defendant] person would benefit from [a drug offender] the
State drug treatment program. The assessment shall be
conducted using a nationally recognized assessment instrument
or an instrument that has been normed and validated on the
department's inmate population by a recognized expert in such
matters. The assessment instrument shall be administered by
persons skilled in the treatment of drug and alcohol
addiction and trained to conduct assessments. The assessments
shall be reviewed and approved by a supervisor with at least
three years of experience providing drug and alcohol
counseling services.
[(2) The department shall conduct risk and other
assessments it deems appropriate and shall provide a report
of its assessments to the court, the defendant, the attorney
for the Commonwealth and the commission within 60 days of the
court's commitment of the defendant to the custody of the
department.]
(c) [Proposed drug offender] Placement in the State drug
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treatment program.--If the department in its discretion believes
[a defendant] an eligible person would benefit from [a drug
offender] the State drug treatment program and placement in the
[drug offender treatment] program is appropriate, the department
shall [provide] make the placement and notify the court, [the
defendant,] the eligible person, the commission and the attorney
for the Commonwealth [and the commission with a proposed drug
offender treatment program detailing the type of treatment
proposed] of the placement.
[(d) Prerequisites for commitment.--Upon receipt of a
recommendation for placement in a drug offender treatment
program from the department and agreement of the attorney for
the Commonwealth, the court may sentence an eligible offender to
a period of 24 months of State intermediate punishment if the
court finds that:
(1) The eligible offender is likely to benefit from
State intermediate punishment.
(2) Public safety would be enhanced by the eligible
offender's participation in State intermediate punishment.
(3) Sentencing the eligible offender to State
intermediate punishment would not depreciate the seriousness
of the offense.
(e) Resentencing.--The department may make a written request
to the sentencing court that an offender who is otherwise
eligible but has not been referred for evaluation or originally
sentenced to State intermediate punishment be sentenced to State
intermediate punishment. The court may resentence the offender
to State intermediate punishment if all of the following apply:
(1) The department has recommended placement in a drug
offender treatment program.
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(2) The attorney for the Commonwealth and the offender
have agreed to the placement and modification of sentence.
(3) The court makes the findings set forth under
subsection (d).
(4) The resentencing has occurred within 365 days of the
date of the defendant's admission to the custody of the
department.
(5) The court has otherwise complied with all other
requirements for the imposition of sentence including victim
notification under the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.]
(f) Consecutive probation.--Nothing in this chapter shall
prohibit the court from sentencing an eligible [offender] person
to a consecutive period of probation. The total duration of the
sentence may not exceed the maximum term for which the eligible
[offender] person could otherwise be sentenced.
[(g) Applicability and program limitations.--The court may
not modify or alter the terms of the department's proposed
individualized drug offender treatment plan without the
agreement of the department and the attorney for the
Commonwealth.
(h) Videoconferencing.--The department shall make
videoconferencing facilities available to allow the court to
conduct proceedings necessary under this section when the
eligible offender has been committed to the custody of the
department pursuant to subsection (b).
(i) Victims.--Victims of personal injury crimes shall be
given the opportunity to receive notice of and to provide prior
comment on any recommendation by the department under subsection
(b) or (d) that the offender participate in the State
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Intermediate Punishment Program.
(j) Definitions.--As used in this section, the term
"personal injury crime" shall be defined as in section 103 of
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act.]
§ 4105. [Drug offender] State drug treatment program.
(a) Establishment.--The department shall establish and
administer [a drug offender] the State drug treatment program
[as a State intermediate punishment]. The program shall be
designed to address the individually assessed drug and alcohol
abuse and addiction needs of a participant and shall address
other issues essential to the participant's successful
reintegration into the community, including, but not limited to,
educational and employment issues.
(b) Duration and components.--Notwithstanding any credit to
which the defendant may be entitled under 42 Pa.C.S. § 9760
(relating to credit for time served), the duration of the State
drug [offender] treatment program [shall be] is 24 months [and],
but if the participant is unable to complete the program within
24 months and is otherwise compliant with the program, subject
to the discretion of the department, the program duration may be
extended up to 30 months total in order for the participant to
successfully complete the program. The program shall include the
following:
(1) A period in a State correctional institution of not
less than seven months. This period shall include:
(i) The time during which the [defendants are]
eligible person is being evaluated by the department
under section 4104(b) (relating to [referral to State
intermediate punishment] selection for the State drug
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treatment program).
(ii) Following evaluation under subparagraph (i),
not less than four months shall be in an institutional
therapeutic community.
(2) A period of treatment in a community-based
therapeutic community of at least two months.
(3) A period of at least six-months' treatment through
an outpatient addiction treatment facility. During the
outpatient addiction treatment period of the [drug offender
treatment] program, the participant may be housed in a
community corrections center or group home or placed in an
approved transitional residence. The participant must comply
with any conditions established by the department regardless
of where the participant resides during the outpatient
addiction treatment portion of the [drug offender treatment]
program.
(4) A period of supervised reintegration into the
community for the balance of the [drug offender treatment]
program, during which the participant shall continue to be
supervised by the department and comply with any conditions
imposed by the department.
(5) Upon certification by the department of the
participant's successful completion of the program, the
entire term of confinement that rendered the participant
eligible to participate in the State drug treatment program
shall be deemed to have been served.
(c) Program management.--
(1) Consistent with the minimum time requirements set
forth in subsection (b), the department may transfer, at its
discretion, a participant between a State correctional
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institution, an institutional therapeutic community, a
community-based therapeutic community, an outpatient
addiction treatment program and an approved transitional
residence. The department may also transfer a participant
back and forth between less restrictive and more restrictive
settings based upon the participant's progress or regression
in treatment or for medical, disciplinary or other
administrative reasons.
(1.1) A police officer commissioned under the act of
May 21, 1943 (P.L.469, No.210), entitled "An act providing
for commissioning as police officers certain employes of
institutions maintained in whole or in part by the
Commonwealth; conferring upon them the powers of constables
in certain cases; and imposing duties on wardens and keepers
of jails, police stations and lock-ups," shall have and may
exercise the authority to issue a warrant for the return of a
participant who is not in compliance with the terms of the
program to the custody of the department.
(2) This subsection shall be construed to provide the
department with the maximum flexibility to administer the
State drug [offender] treatment program both as a whole and
for individual participants.
(d) Right of refusal to admit.--The administrator of a
community-based therapeutic community or outpatient addiction
treatment facility may refuse to accept a participant whom the
administrator deems to be inappropriate for admission and may
immediately discharge to the custody of the department any
participant who fails to comply with facility rules and
treatment expectations or refuses to constructively engage in
the treatment process.
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(e) Notice to court of completion of program.--When the
department determines that a participant has successfully
completed the State drug [offender] treatment program, it shall
notify the sentencing court, the attorney for the Commonwealth
and the commission.
(f) Expulsion from program.--
(1) A participant may be expelled from the State drug
[offender] treatment program at any time in accordance with
guidelines established by the department, including failure
to comply with administrative or disciplinary procedures or
requirements set forth by the department. An expelled
participant shall be housed in a State correctional
institution to serve the remainder of the participant's
sentence. The expelled participant shall be eligible for
parole at the minimum sentence but may not be eligible for
short sentence parole under section 6137.1 (relating to short
sentence parole).
(2) The department shall promptly notify the court, the
[defendant] participant, the attorney for the Commonwealth
and the commission of the expulsion of a participant from the
State drug [offender] treatment program and the reason for
such expulsion. [The participant shall be housed in a State
correctional institution or county jail pending action by the
court.
(3) The court shall schedule a prompt State intermediate
punishment revocation hearing pursuant to 42 Pa.C.S. § 9774
(relating to revocation of State intermediate punishment
sentence).]
§ 4107. [Reports] Evaluation.
[(a) Final report.--The department shall provide a final
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report to the court, the defendant, the attorney for the
Commonwealth and the commission on a participant's progress in
the drug offender treatment program.]
(b) Evaluation and report to General Assembly.--The
department [and the commission] shall monitor and evaluate the
State drug [offender] treatment program to ensure that the
programmatic objectives are met. [In odd-numbered years, the]
Every three years, the department shall present a report of its
evaluation to the Judiciary Committee of the Senate and the
Judiciary Committee of the House of Representatives no later
than February 1. [In even-numbered years, the commission shall
present a report of its evaluation to the Judiciary Committee of
the Senate and the Judiciary Committee of the House of
Representatives no later than February 1.] The General Assembly
shall convene hearings in the appropriate committees to hear and
deliberate upon reports under this section. The report shall
include:
(1) The number of [offenders] persons evaluated for the
State drug [offender] treatment program.
(2) The number of [offenders sentenced to] persons
placed into the State drug [offender] treatment program.
(3) The number of [offenders] persons sentenced to a
State correctional institution who may have been eligible for
the State drug [offender] treatment program.
(4) The number of [offenders] persons successfully
completing the State drug [offender] treatment program.
(5) The six-month, one-year, three-year and five-year
recidivism rates for [offenders] persons who have completed
the State drug [offender] treatment program and for a
comparison group of [offenders] persons who were not placed
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in the State drug [offender] treatment program.
(6) Any changes the department [or the commission]
believes will make the State drug [offender] treatment
program more effective.
Section 13. The definition of "eligible offender" in section
4503 of Title 61 is amended to read:
§ 4503. 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:
* * *
"Eligible [offender] person." A defendant or inmate
convicted of a criminal offense who will be committed to the
custody of the department and who meets all of the following
eligibility requirements:
(1) Does not demonstrate a history of present or past
violent behavior.
(2) Has not been subject to a sentence the calculation
of which includes an enhancement for the use of a deadly
weapon as defined under law or the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing or
the attorney for the Commonwealth has not demonstrated that
the defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
Ch. 61 (relating to firearms and other dangerous articles) or
the equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(3) Has not been found guilty of or previously convicted
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of or adjudicated delinquent for or an attempt or conspiracy
to commit a personal injury crime as defined under section
103 of the act of November 24, 1998 (P.L.882, No.111), known
as the Crime Victims Act, except for an offense under 18
Pa.C.S. § 2701 (relating to simple assault) when the offense
is a misdemeanor of the third degree, or an equivalent
offense under the laws of the United States or one of its
territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign
nation.
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child pornography).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
committed with firearms).
Any offense for which registration is required under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders)[.] or I (relating to continued
registration of sexual offenders).
Drug trafficking as defined in section 4103 (relating
to definitions).
(5) Is not awaiting trial or sentencing for additional
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criminal charges, if a conviction or sentence on the
additional charges would cause the defendant to become
ineligible under this definition.
[(6) Has not been found guilty or previously convicted
of violating 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, where the sentence
was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)
(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to
drug trafficking sentencing and penalties).]
* * *
Section 14. Sections 4509 and 4510 of Title 61 are repealed:
[§ 4509. Evaluation.
(a) General rule.--The department, the board and the
commission shall monitor and evaluate the recidivism risk
reduction incentive programs. Evaluations under this section
should be scientifically rigorous and seek to determine the
effectiveness of the programs, including whether specific
recidivism risk reduction incentive programs have reduced the
recidivism rates of the program participants as compared to
previously incarcerated and similarly situated inmates.
(b) Publication.--The department, the board and the
commission shall make evaluations conducted under this section
and underlying data available to the public. The publicly
available data and evaluations shall comply with generally
accepted practices of the research community, including
expectations relating to subject privacy and identifying
information.
§ 4510. Reports.
(a) Recidivism risk reduction.--The department, the board
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and the commission shall monitor and evaluate the recidivism
risk reduction incentive programs to ensure that the goals and
objectives of this chapter are met and shall report to the
General Assembly as follows:
(1) In even-numbered years, the department shall present
a report of its evaluation to the Judiciary Committee of the
Senate and the Judiciary Committee of the House of
Representatives no later than February 1. The report shall
include all of the following:
(i) The number of inmates determined by the
department to be eligible offenders under this chapter
and the offenses for which the eligible offenders were
committed to the custody of the department.
(ii) The number of inmates committed to the custody
of the department who were subject to a recidivism risk
reduction incentive minimum sentence.
(iii) The number of inmates paroled at the
recidivism risk reduction incentive minimum date.
(iv) Any potential changes that would make the
program more effective.
(v) The six-month, one-year, three-year and five-
year recidivism rates for inmates released at the
recidivism risk reduction incentive minimum sentence.
(vi) Any other information the department deems
relevant.
(2) In odd-numbered years, the commission shall present
a report of its evaluation to the Judiciary Committee of the
Senate and the Judiciary Committee of the House of
Representatives no later than February 1. The report shall
include all of the following:
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(i) Whether the goals of this chapter could be
achieved through amendments to parole or sentencing
guidelines.
(ii) The various options for parole or sentencing
guidelines under subparagraph (i).
(iii) The status of any proposed or implemented
guidelines designed to implement the provisions of this
chapter.
(iv) Any potential changes to the program that would
be likely to reduce the risk of recidivism of inmates and
improve public safety.
(v) Any other information the commission deems
relevant.
(b) Educational plan.--
(1) The Pennsylvania Commission on Crime and Delinquency
shall publish a report of a proposed educational program plan
within one year of the effective date of this section. The
proposed educational program plan shall be developed in
consultation with the department, the commission, the board,
the Pennsylvania District Attorneys Association, the victim
advocate and representatives of the judiciary and the
criminal defense bar and other criminal justice stakeholders.
(2) The plan shall seek to provide cost-effective
training or information through electronic means,
publications or continuing educational programs that address
the following topics:
(i) The treatment programs available through the
board and the department.
(ii) The availability of programs and eligibility
requirements that can reduce recidivism risk, including
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State intermediate punishment, motivational boot camp and
recidivism risk reduction incentive programs.
(iii) The calculation of sentencing credit and
practices that could inadvertently prevent an inmate from
receiving sentence credit.
(iv) Recent statutory changes relating to
sentencing, place of confinement, medical releases,
transfer of inmates and parole.]
Section 15. 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
Board.
Section 16. The heading of Subchapter B of Chapter 61 of
Title 61 is amended to read:
SUBCHAPTER B
ADMINISTRATION OF THE PENNSYLVANIA PAROLE BOARD
Section 16.1. Section 6111 heading and (a) of Title 61 are
amended to read:
§ 6111. Pennsylvania [Board of Probation and] Parole Board.
(a) Establishment.--The Pennsylvania [Board of Probation
and] Parole Board is an independent administrative board for the
administration of the [probation and] parole laws of this
Commonwealth.
* * *
Section 17. Section 6123 of Title 61 is repealed:
[§ 6123. Advisory committee.
(a) Establishment.--An advisory committee on probation is
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reestablished to assist the board.
(b) Composition.--The advisory committee shall consist of
nine members, seven of whom shall be appointed by the Governor,
with the consent of a majority of the members of the Senate. At
least two shall be judges of courts of record of this
Commonwealth, at least one shall be a county commissioner, at
least one shall be a chief county probation officer, and the
remaining members shall be qualified in the field of probation
and parole either by training or experience. The President pro
tempore of the Senate and the Speaker of the House of
Representatives shall each appoint a member of their respective
houses to serve as members of the committee.
(c) Terms.--
(1) The term of a member hereafter appointed, except to
fill a vacancy, shall be for four years and until their
successors have been appointed and qualified, but in no event
more than 90 days beyond the expiration of their appointed
term.
(2) The terms of members of the committee who are
appointed by virtue of holding an office as a member of the
General Assembly, judge, chief county probation officer or
county commissioner shall continue only so long as that
person remains in that office.
(3) Vacancies occurring in an office of a member of the
advisory committee by expiration of term, death, resignation,
removal or for any other reason shall be filled in the manner
provided by section 8 of Article IV of the Constitution of
Pennsylvania for the remainder of the term.
(4) Whenever the term of an advisory committee member,
other than one who is a member of the General Assembly,
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expires, that member's position shall be immediately deemed a
vacancy, and the Governor shall nominate a person to fill
that membership position on the committee within 90 days of
the date of expiration, even if the member continues to
remain on the committee. The Governor shall designate one of
the members of the committee as its chairperson.
(d) Reimbursement of expenses.--Each member of the advisory
committee shall be paid all reasonable and necessary travel and
other expenses incurred by him in the performance of his duties.
(e) Assistance to be provided.--The advisory committee shall
aid the chairperson and the board in formulating and reviewing
standards for probation personnel and probation services in the
counties.]
Section 18. Sections 6131(a)(3), (4) and (5), 6133(c) and
(d) and 6137(a)(1) of Title 61 are amended to read:
§ 6131. General powers of board.
(a) General rule.--The board shall have the power and its
duty shall be:
* * *
(3) To collect and maintain a record of all persons who
are placed on [probation and] parole.
[(4) To collect, compile and publish statistical and
other information relating to probation and parole work in
all courts and such other information the board may deem of
value in probation service.
(5) To establish, by regulation, uniform Statewide
standards for:
(i) Presentence investigations.
(ii) The supervision of probationers.
(iii) The qualifications for probation personnel.
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(iv) Minimum salaries.
(v) Quality of probation service.
The standards for the qualifications of probation personnel
shall only apply to probation personnel appointed after the
date the standards are established. Should any probation
personnel appointed prior to the date the standards were
established fail to meet the standards, the court having
jurisdiction of such personnel may request the board to
establish in-service training for them in accordance with the
standards.]
* * *
§ 6133. Probation services.
* * *
(c) [Grant-in-aid.--
(1) A county that provides additional probation staff
for presentence investigations and improved probation
supervision and programs shall receive a grant-in-aid from
the Commonwealth through the board for additional costs
incurred thereby but only to the extent that the additional
staff and program meet the qualifications and standards
established by the board.
(2) The grant-in-aid shall provide 80% of the personnel
salary costs incurred by a county to administer these
additional services and programs.
(3) If insufficient funds are appropriated, each county
shall receive a prorated reduction in the grant-in-aid.
(4) The board shall establish rules and regulations for
the allocation of funds available for such grants-in-aid.]
Supervision and investigation.--Supervision and presentence
investigations by court order or request shall be provided in
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accordance with board regulations.
(d) In-service training.--The board shall provide in-service
training for personnel of county probation offices when
requested to do so by the court having jurisdiction of the
probation office[.] as provided by memorandum of understanding
with the Pennsylvania Commission on Crime and Delinquency and
contingent upon the availability of money.
§ 6137. Parole power.
(a) General criteria for parole.--
(1) The board may parole subject to consideration of
guidelines established under 42 Pa.C.S. § 2154.5 (relating to
adoption of guidelines for parole) or subject to section
6137.1 (relating to short sentence parole) and may release on
parole any inmate to whom the power to parole is granted to
the board by this chapter, except an inmate condemned to
death or serving life imprisonment, whenever in its opinion:
(i) The best interests of the inmate justify or
require that the inmate be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the inmate's parole.
* * *
Section 19. Title 61 is amended by adding a section to read:
§ 6137.1. Short sentence parole.
(a) General rule.--This section applies to persons committed
to the department with a minimum sentence of confinement under
42 Pa.C.S. § 9756(b) (relating to sentence of total confinement)
of two years or less or a recidivism risk reduction incentive
minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or
less, whichever is shorter. Regardless of sentence imposed, this
section does not apply to:
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(1) persons committed for or with an aggregate sentence
containing a personal injury crime , or any criminal attempt,
criminal solicitation or criminal conspiracy to commit a
personal injury crime as defined in section 103 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act;
(2) persons committed for or with an aggregate sentence
containing an offense under 18 Pa.C.S. § 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms);
(3) persons committed for or with an aggregate sentence
containing an enhancement for the use of a deadly weapon as
defined under law or the sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing or where the
attorney for the Commonwealth has demonstrated that the
defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
Ch. 61 (relating to firearms and other dangerous articles) or
an equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the