PRINTER'S NO. 495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
474
Session of
2019
INTRODUCED BY STREET, LEACH, HUGHES, SCHWANK, COSTA AND HAYWOOD,
MARCH 26, 2019
REFERRED TO JUDICIARY, MARCH 26, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, further providing for powers and duties of the
Pennsylvania Commission on Sentencing and for adoption of
guidelines for parole, repealing provisions relating to
adoption of risk assessment instrument and further providing
for publication of guidelines for sentencing, resentencing
and parole, risk assessment instrument and recommitment
ranges following revocation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2153(a)(14) and (15) and 2154.5(a)(6) of
Title 42 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
* * *
(14) Establish a program to systematically monitor
compliance with the guidelines, [with the risk assessment
instrument,] with recommitment ranges and with mandatory
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sentencing laws to document eligibility for and releases
pursuant to a county reentry plan, to document eligibility
for and imposition of recidivism risk reduction incentive
minimum sentences and to document all parole and reparole
decisions by the board and any other paroling authority by:
(i) Promulgating forms which document the
application of sentencing, resentencing and parole
guidelines, mandatory sentencing laws, [risk assessment
instrument,] releases pursuant to a county reentry plan,
recommitment ranges and recidivism risk reduction
incentive minimum sentences and collecting information on
all parole and reparole decisions by the board and any
other paroling authority.
(ii) Requiring the timely completion and electronic
submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for
sentencing, resentencing and parole[, risk assessment
instrument] and recommitment ranges following revocation, use
a correctional population simulation model to determine:
(i) Resources that are required under current
guidelines[, risk assessment instrument] and ranges.
(ii) Resources that would be required to carry out
any proposed changes to the guidelines[, risk assessment
instrument] and ranges.
* * *
§ 2154.5. Adoption of guidelines for parole.
(a) Adoption.--The commission shall adopt guidelines that
shall be considered by the board and any other paroling entity
when exercising its power to parole and reparole all persons
sentenced by any court in this Commonwealth to imprisonment in
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any correctional institution. The guidelines shall do all of the
following:
* * *
(6) [Use validated risk assessment tools, be] Be
evidence based and take into account available research
relating to the risk of recidivism, minimizing the threat
posed to public safety and factors maximizing the success of
reentry.
* * *
Section 2. Section 2154.7 of Title 42 is repealed:
[§ 2154.7. Adoption of risk assessment instrument.
(a) General rule.--The commission shall adopt a sentence
risk assessment instrument for the sentencing court to use to
help determine the appropriate sentence within the limits
established by law for defendants who plead guilty or nolo
contendere to or who were found guilty of felonies and
misdemeanors. The risk assessment instrument may be used as an
aide in evaluating the relative risk that an offender will
reoffend and be a threat to public safety.
(b) Sentencing guidelines.--The risk assessment instrument
may be incorporated into the sentencing guidelines under section
2154 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--Subject to the
provisions of the Pennsylvania Rules of Criminal Procedure, the
sentencing court may use the risk assessment instrument to
determine whether a more thorough assessment is necessary and to
order a presentence investigation report.
(d) Alternative sentencing.--Subject to the eligibility
requirements of each program, the risk assessment instrument may
be an aide to help determine appropriate candidates for
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alternative sentencing, including the recidivism risk reduction
incentive, State and county intermediate punishment programs and
State motivational boot camps.
(e) Definition.--As used in this section, the term "risk
assessment instrument" means an empirically based worksheet
which uses factors that are relevant in predicting recidivism.]
Section 3. Section 2155 of Title 42 is amended to read:
§ 2155. Publication of guidelines for sentencing, resentencing
and parole[, risk assessment instrument] and
recommitment ranges following revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania
Bulletin all proposed sentencing guidelines, resentencing
guidelines following revocation of probation, county
intermediate punishment and State intermediate punishment,
parole guidelines[, risk assessment instrument] and
recommitment ranges following revocation by the board of
paroles granted, and hold public hearings not earlier than 30
days and not later than 60 days thereafter to afford an
opportunity for the following persons and organizations to
testify:
(i) Pennsylvania District Attorneys Association.
(ii) Chiefs of Police Associations.
(iii) Fraternal Order of Police.
(iv) Public Defenders Organization.
(v) Law school faculty members.
(vi) State Board of Probation and Parole.
(vii) Department of Corrections.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
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(x) Pennsylvania Association on Probation, Parole
and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
(2) Publish in the Pennsylvania Bulletin sentencing
guidelines, resentencing guidelines following revocation of
probation, county intermediate punishment and State
intermediate punishment, parole guidelines[, risk assessment
instrument] and recommitment ranges following revocation by
the board of paroles granted as adopted by the commission.
(b) Rejection by General Assembly.--Subject to gubernatorial
review pursuant to section 9 of Article III of the Constitution
of Pennsylvania, the General Assembly may by concurrent
resolution reject in their entirety any guidelines[, risk
assessment instrument] or recommitment ranges adopted by the
commission within 90 days of their publication in the
Pennsylvania Bulletin pursuant to subsection (a)(2).
(c) Effective date.--
(1) Sentencing guidelines, resentencing guidelines
following revocation of probation, county intermediate
punishment and State intermediate punishment, parole
guidelines[, risk assessment instrument] and recommitment
ranges following revocation by the board of paroles granted,
adopted by the commission shall become effective 90 days
after publication in the Pennsylvania Bulletin pursuant to
subsection (a)(2) unless disapproved pursuant to subsection
(b) and shall apply to sentences and resentences and parole
decisions made after the effective date of the guidelines.
(2) If not disapproved, the commission shall conduct
training and orientation for trial court judges and board
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members prior to the effective date of the guidelines[, risk
assessment instrument] and recommitment ranges.
Section 4. This act shall take effect in 60 days.
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