Regular Session 2019-2020 House Resolution 0634 P.N. 3003

PRINTER'S NO. 3003

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

634

Session of

2019

INTRODUCED BY HARRIS, DECEMBER 9, 2019

REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 9, 2019

A CONCURRENT RESOLUTION

Establishing the Task Force on Technical Probation Violations.

WHEREAS, The 14th Amendment to the Constitution of the United

States declares in part that no state shall "deprive any person

of life, liberty, or property, without due process of law; nor

deny to any person within its jurisdiction the equal protection

of the laws"; and

WHEREAS, In Gagnon v. Scarpelli, 411 U.S. 778 (1973), the

Supreme Court of the United States held that probation

revocation proceedings result in the loss of liberty and,

therefore, defendants are entitled to both a preliminary and

final revocation hearing under the 14th Amendment to the

Constitution of the United States; and

WHEREAS, At a preliminary revocation hearing, which is

commonly referred to in this Commonwealth as a "Gagnon I

hearing," a determination is made as to whether probable cause

exists to believe that a violation of the terms of the

defendant's sentence has been committed; and

WHEREAS, Technical violations refer to violations 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;

and

WHEREAS, The procedures followed by the courts of this

Commonwealth that govern technical violations vary widely

throughout the 60 judicial districts of this Commonwealth; and

WHEREAS, Defendants accused of committing technical

violations may be subject to periods of incarceration prior to a

Gagnon I hearing; and

WHEREAS, In some counties of this Commonwealth, employees of

the same county probation office that initiate technical

violation proceedings preside over Gagnon I hearings and make

determinations as to whether probable cause exists to believe

that a technical violation has been committed; and

WHEREAS, A review of technical violation procedures will help

to ensure that defendants, who are alleged to have committed a

technical violation of the terms of their sentences, are

afforded their due process rights under the 14th Amendment to

the Constitution of the United States in accordance with Gagnon

and are subject to fair and impartial proceedings; therefore be

RESOLVED (the Senate concurring), That the Task Force on

Technical Probation Violations be established; and be it further

RESOLVED, That the task force conduct a thorough and

comprehensive review to:

(1) ascertain any inadequacies relating to the

procedures applied by the 60 judicial districts of this

Commonwealth that govern technical violations;

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(2) determine reasonable and appropriate deadlines by

which a detained defendant alleged to have committed a

technical violation is entitled to a Gagnon I hearing; and

(3) recommend whether it is appropriate to permit

employees of the county probation office to preside at a

defendant's Gagnon I hearing when the defendant is alleged to

have committed a technical violation of the terms of

probation;

and be it further

RESOLVED, That the task force consist of the following

members, appointed within 25 days after the adoption of this

resolution by the Senate and the House of Representatives:

(1) twelve members who are knowledgeable and experienced

in issues relating to probation as follows:

(i) one member who is appointed by the President pro

tempore of the Senate and who may be a member of the

Senate;

(ii) one member who is appointed by the Minority

Leader of the Senate and who may be a member of the

Senate;

(iii) one member who is appointed by the Speaker of

the House of Representatives and who may be a member of

the House of Representatives;

(iv) one member who is appointed by the Minority

Leader of the House of Representatives and who may be a

member of the House of Representatives;

(v) the President of the Pennsylvania District

Attorneys Association or a designee;

(vi) the President of the Pennsylvania Association

of Criminal Defense Lawyers or a designee;

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(vii) three judges of the courts of common pleas who

serve in the criminal court area and are representative

of the geographic and demographic diversity of this

Commonwealth, who are appointed by the Chief Justice of

Pennsylvania;

(viii) the Executive Director of the Pennsylvania

Commission on Sentencing or a designee, who shall serve

as an ex officio and nonvoting member;

(ix) the Executive Director of the County Chief

Adult Probation and Parole Officers Association of

Pennsylvania or a designee; and

(x) one member who is appointed by the Governor;

and be it further

RESOLVED, That the Chief Justice of Pennsylvania select the

chairperson of the task force from among the members of the task

force; and be it further

RESOLVED, That the task force conduct business as follows:

(1) the physical presence of six members of the task

force shall constitute a quorum of the task force;

(2) action of the task force shall be authorized or

ratified by majority vote of the members of the task force;

(3) a member of the task force who is not physically

present at a meeting of the task force may participate by

teleconference or video conference;

(4) the task force shall meet as necessary but no fewer

than five times prior to April 30, 2021, and additional

meetings may be called by the chairperson of the task force

as necessary;

(5) the chairperson of the task force shall schedule a

meeting upon written request of eight members of the task

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force;

(6) the first meeting of the task force shall be

convened within 45 days after the adoption of this resolution

by the Senate and House of Representatives;

(7) the task force shall hold public hearings as

necessary to obtain the information required to conduct the

review under this resolution;

(8) the Joint State Government Commission shall

cooperate to provide administrative or other assistance to

the task force; and

(9) members of the task force may not receive

compensation but shall be reimbursed for reasonable and

necessary expenses incurred in service of the task force;

and be it further

RESOLVED, That the task force have the power to:

(1) examine and analyze the practices, processes and

procedures relating to technical violations of the terms of

probation;

(2) review and analyze law, procedures, practices and

rules relating to technical violations of the terms of

probation; and

(3) hold public hearings for the taking of testimony and

the requesting of documents;

and be it further

RESOLVED, That the chairperson of the task force have the

power to administer oaths and affirmations to witnesses

appearing before the task force; and be it further

RESOLVED, That the task force have the duty to:

(1) accept and review written comments from individuals

and organizations;

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(2) make, by September 30, 2021, a final report to the

Governor, the Senate, the House of Representatives and the

Pennsylvania Supreme Court, which, based on the review by the

task force, shall include recommendations to:

(i) improve the procedures governing technical

violations of probation; and

(ii) implement any necessary changes in the Rules of

Criminal Procedure and State statutes and practices,

policies and procedures relating to technical violations

of the terms of probation; and

(3) file status reports and updates with the Governor,

the Senate, the House of Representatives and the Pennsylvania

Supreme Court as the task force deems appropriate, which

shall be:

(i) adopted at a public meeting of the task force;

and

(ii) deemed a public record under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law;

and be it further

RESOLVED, That the task force expire October 1, 2021.

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