See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NOS. 483, 692
PRINTER'S NO. 1423
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
501
Session of
2019
INTRODUCED BY KILLION, BAKER, BARTOLOTTA, STREET, COLLETT,
A. WILLIAMS, LEACH, SCHWANK, COSTA, HAYWOOD, PHILLIPS-HILL,
STEFANO, TARTAGLIONE, YUDICHAK, J. WARD, BROWNE AND MUTH,
MARCH 25, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 9, 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, PROVIDING FOR COMMISSION,
FOR COMPOSITION OF COMMISSION AND FOR POWERS AND DUTIES OF
COMMISSION, 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 JUDGMENTS
AND OTHER LIENS, FURTHER PROVIDING FOR PERSONAL EARNINGS
EXEMPT FROM PROCESS; in sentencing, further providing for
SENTENCES FOR OFFENSES AGAINST INFANT PERSONS, FOR sentencing
generally, FOR COLLECTION OF RESTITUTION, REPARATION, FEES,
COSTS, FINES AND PENALTIES, FOR PAYMENTS OF COURT COSTS,
RESTITUTION AND FINES, 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
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
treatment program and for reports; in recidivism risk
reduction incentive, further providing for definitions, FOR
SENTENCING, for evaluation and for reports; IN MISCELLANEOUS
PROVISIONS, FURTHER PROVIDING FOR CONFIDENTIALLY OF VICTIM
INFORMATION; in Pennsylvania Board of Probation and Parole,
further providing for definitions, for advisory committee,
for general powers of board, for probation services, for
parole power, providing for short sentence parole AND FOR
REENTRY SUPERVISION, further providing for violation of terms
of parole and, for parole procedure AND FOR VICTIM
STATEMENTS, TESTIMONY AND PARTICIPATION IN HEARING AND
PROVIDING FOR PAROLEE HOMICIDE REVIEW; IN COUNTY PROBATION
OFFICERS' FIREARM EDUCATION AND TRAINING, FURTHER PROVIDING
FOR COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND TRAINING
COMMISSION AND FOR COMMISSION MEMBERSHIP; and making
conforming amendments; AND MAKING A RELATED REPEAL.
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 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
20190SB0501P1423 - 2 -
<--
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
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
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.
* * *
SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING SECTIONS TO READ:
§ 2151.2. COMMISSION.
20190SB0501P1423 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(A) CONTINUATION.--THE COMMISSION IS CONTINUED AS AN AGENCY
OF THE GENERAL ASSEMBLY.
(B) SEAL.--THE COMMISSION SHALL HAVE A SEAL ENGRAVED WITH
THE COMMISSION'S NAME AND SUCH OTHER INSCRIPTION AS MAY BE
SPECIFIED BY REGULATION OF THE COMMISSION.
§ 2152. COMPOSITION OF COMMISSION.
(A) MEMBERS.--THE PENNSYLVANIA COMMISSION ON SENTENCING
SHALL CONSIST OF THE FOLLOWING:
(1) ONE INDIVIDUAL SELECTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES, WHO SHALL BE A DISTRICT ATTORNEY.
(2) ONE INDIVIDUAL SELECTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE, WHO SHALL BE A DEFENSE ATTORNEY.
(3) TWO JUDGES OF COURTS OF RECORD SELECTED BY THE CHIEF
JUSTICE OF PENNSYLVANIA.
(4) TWO JUDGES OF COURTS OF RECORD, ONE OF WHOM SHALL BE
SELECTED BY THE PRESIDENT JUDGE OF COMMONWEALTH COURT AND ONE
OF WHOM SHALL BE SELECTED BY THE PRESIDENT JUDGE OF THE
SUPERIOR COURT.
(5) ONE INDIVIDUAL SELECTED BY THE CHIEF JUSTICE OF
PENNSYLVANIA, WHO SHALL BE A PROFESSOR OF LAW KNOWLEDGEABLE
IN CRIMINAL SENTENCING.
(6) ONE MEMBER OF THE SENATE SELECTED BY THE PRESIDENT
PRO TEMPORE OF THE SENATE.
(7) ONE MEMBER OF THE SENATE SELECTED BY THE MINORITY
LEADER OF THE SENATE.
(8) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES SELECTED
BY THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(9) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES SELECTED
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(B) EX OFFICIO MEMBERS.--THE SECRETARY OF CORRECTIONS AND
20190SB0501P1423 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE CHAIRPERSON OF THE BOARD, DURING THEIR TENURE IN THEIR
RESPECTIVE POSITIONS, SHALL SERVE AS EX OFFICIO NONVOTING
MEMBERS OF THE COMMISSION.
(C) TERMS OF OFFICE.--THE MEMBERS OF THE COMMISSION SHALL
SERVE FOR TERMS OF TWO YEARS AND UNTIL A SUCCESSOR HAS BEEN
SELECTED AND QUALIFIED. A VACANCY ON THE COMMISSION SHALL BE
FILLED FOR THE BALANCE OF THE TERM.
(D) CHAIRPERSON AND EXECUTIVE DIRECTOR.--THE COMMISSION
SHALL SELECT A CHAIRPERSON FROM ITS MEMBERS AND AN EXECUTIVE
DIRECTOR. THE CHAIRPERSON SHALL:
(1) PRESIDE AT MEETINGS OF THE COMMISSION.
(2) DIRECT THE PREPARATION OF REQUESTS FOR
APPROPRIATIONS FOR THE COMMISSION AND THE USE OF FUNDS MADE
AVAILABLE TO THE COMMISSION.
(E) MEETINGS AND QUORUM.--
(1) THE COMMISSION SHALL MEET AT LEAST FOUR TIMES A YEAR
AND NOT LESS THAN SEMIANNUALLY TO ESTABLISH THE COMMISSION'S
GENERAL POLICIES AND RULES.
(2) THE COMMISSION SHALL BE DEEMED AN "AGENCY" WITHIN
THE MEANING OF AND SHALL BE SUBJECT TO THE PROVISIONS OF 65
PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).
(3) SEVEN COMMISSIONERS SHALL CONSTITUTE A QUORUM FOR
THE PURPOSE OF ADOPTING PROPOSED INITIAL AND SUBSEQUENT
GUIDELINES. A MAJORITY OF COMMISSIONERS SHALL CONSTITUTE A
QUORUM FOR ALL OTHER PURPOSES.
(4) MINUTES OF MEETINGS SHALL BE KEPT BY THE EXECUTIVE
DIRECTOR AND FILED AT THE EXECUTIVE OFFICE OF THE COMMISSION.
(F) RECORDS OF ACTION.--EXCEPT AS OTHERWISE PROVIDED BY LAW,
THE COMMISSION SHALL MAINTAIN AND MAKE AVAILABLE FOR PUBLIC
INSPECTION A RECORD OF THE FINAL VOTE OF EACH MEMBER ON ANY
20190SB0501P1423 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ACTION TAKEN BY THE COMMISSION.
(G) EXPENSES.--EACH COMMISSIONER SHALL BE ENTITLED TO
REIMBURSEMENT FOR EACH COMMISSIONER'S ACCOUNTABLE EXPENSES
INCURRED WHILE ENGAGED IN THE BUSINESS OF THE COMMISSION.
(H) COMPETENCY TO TESTIFY.--IN A JUDICIAL, ADMINISTRATIVE OR
SIMILAR PROCEEDING, A COMMISSIONER OR COMMISSION STAFF SHALL NOT
BE COMPETENT TO TESTIFY AND MAY NOT BE REQUIRED TO PRODUCE
RECORDS OR OTHER DISCOVERY AS TO ANY STATEMENT, CONDUCT,
DECISION OR DELIBERATION OCCURRING DURING THE COURSE OF OFFICIAL
BUSINESS, TO THE SAME EXTENT AS A LEGISLATOR OR LEGISLATIVE
STAFF OF THIS COMMONWEALTH ACTING IN A LEGISLATIVE CAPACITY.
§ 2153. POWERS AND DUTIES OF COMMISSION.
(A) POWERS AND DUTIES.--THE COMMISSION, IN ACCORDANCE WITH
THE RULES AND REGULATIONS OF THE COMMISSION, SHALL HAVE THE
POWERS TO:
(1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO
ADMINISTER THIS SUBCHAPTER AND CHAPTER 97 (RELATING TO
SENTENCING).
(2) UTILIZE, WITH THE CONSENT OF FEDERAL, STATE, LOCAL
AND PRIVATE AGENCIES AND INSTRUMENTALITIES, THE SERVICES,
EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF THE
FEDERAL, STATE, LOCAL AND PRIVATE AGENCIES AND
INSTRUMENTALITIES WITH OR WITHOUT REIMBURSEMENT.
(3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
ORGANIZATION.
20190SB0501P1423 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
OFFICER OR AGENCY OF THE COMMONWEALTH AS THE COMMISSION MAY
FROM TIME TO TIME REQUIRE AND AS MAY BE PRODUCED CONSISTENT
WITH ANY OTHER FEDERAL OR STATE LAW.
(5) ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
(6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
DETERMINATION UNDER THIS SUBCHAPTER.
(7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
THE COMMISSION FOR THE PURPOSE OF:
(I) SERVING AS A CLEARINGHOUSE AND INFORMATION
CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION
OF INFORMATION ON COMMONWEALTH SENTENCING, RESENTENCING
AND PAROLE PRACTICES.
(II) ASSISTING AND SERVING IN A CONSULTING CAPACITY
TO THE BOARD, STATE COURTS, DEPARTMENTS AND AGENCIES IN
THE DEVELOPMENT, MAINTENANCE AND COORDINATION OF SOUND
SENTENCING, RESENTENCING AND PAROLE PRACTICES.
(8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
(9) PUBLISH DATA CONCERNING THE SENTENCING AND PAROLE
PROCESSES.
(10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
CONCERNING PAROLE DISPOSITIONS AND SENTENCES ACTUALLY
IMPOSED, INCLUDING INITIAL SENTENCES AND ANY SUBSEQUENT
20190SB0501P1423 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MODIFICATION OF SENTENCES OR RESENTENCES FOLLOWING REVOCATION
OR REMAND, AND PAROLE AND REPAROLE DECISIONS BY THE BOARD AND
ANY OTHER PAROLE AUTHORITY.
(11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
REGARDING EFFECTIVENESS OF PAROLE DISPOSITIONS AND SENTENCES
IMPOSED.
(12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING, PAROLE
AND CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
RATIONAL SENTENCING, RESENTENCING AND PAROLE POLICY.
(13) ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND
DISSEMINATE INFORMATION RELATING TO INCAPACITATION,
RECIDIVISM, DETERRENCE AND OVERALL EFFECTIVENESS OF SENTENCES
AND PAROLE DISPOSITIONS IMPOSED.
(14) ESTABLISH A PROGRAM TO SYSTEMATICALLY MONITOR
COMPLIANCE WITH THE GUIDELINES, WITH THE RISK ASSESSMENT
INSTRUMENT, WITH RECOMMITMENT RANGES AND WITH MANDATORY
SENTENCING LAWS TO DOCUMENT ELIGIBILITY FOR A RELEASE IN
ACCORDANCE WITH 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 IN ACCORDANCE WITH A COUNTY REENTRY
PLAN, RECOMMITMENT RANGES AND RECIDIVISM RISK REDUCTION
INCENTIVE MINIMUM SENTENCES AND COLLECTING INFORMATION ON
20190SB0501P1423 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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 COUNTY INTERMEDIATE PUNISHMENT);
(II) IMPLEMENTATION AND OUTCOMES OF JUSTICE
REINVESTMENT FUNDING TO COUNTY PROBATION;
(III) USE OF COURT-IMPOSED SANCTIONS FOR VIOLATION
OF PROBATION UNDER SECTION 9771.1 (RELATING TO COURT-
IMPOSED SANCTIONS FOR OFFENDERS VIOLATING PROBATION);
(IV) IN CONSULTATION WITH THE OFFICE OF THE BUDGET
AND THE DEPARTMENT OF CORRECTIONS, 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)
20190SB0501P1423 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1.2) (RELATING TO VIOLATION OF TERMS OF PAROLE); AND
(V) EVALUATIONS OF THE EFFECTIVENESS AND COST-
BENEFIT OF VARIOUS CRIMINAL JUSTICE INTERVENTIONS AND
PROGRAMMING, INCLUDING RESTRICTIVE CONDITIONS OF
PROBATION, RECIDIVISM RISK REDUCTION INCENTIVE PROGRAMS,
THE STATE DRUG TREATMENT PROGRAM, THE STATE MOTIVATIONAL
BOOT CAMP PROGRAM, PRETRIAL DIVERSION PROGRAMS, PRISONER
TREATMENT PROGRAMS AND PRISON REENTRY PROGRAMS. FOR
EVALUATIONS OF THE EFFECTIVENESS AND COST-BENEFIT OF A
PROGRAM 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.
(B) ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
THE GOVERNOR, THE GENERAL ASSEMBLY AND THE ADMINISTRATIVE OFFICE
OF PENNSYLVANIA COURTS ON THE ACTIVITIES OF THE COMMISSION.
(C) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
20190SB0501P1423 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SUBCHAPTER OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISION OF
STATE LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED
PERSON SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
SUBSECTION (A)(1).
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
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
REHABILITATIVE NEEDS OF THE OFFENDER.
(B) FACTORS.--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
20190SB0501P1423 - 11 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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).
[(b)] (C) 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 and the duration of terms of probation.
(D) PROBATION GUIDELINES.--THE GUIDELINES SHALL ADDRESS THE
USE OF COUNTY INTERMEDIATE PUNISHMENT PROGRAMS AS RESTRICTIVE
CONDITIONS OF PROBATION AND THE DURATION OF TERMS OF PROBATION.
(c) (E) Interactive information.--The guidelines shall
include interactive information to support decisions with risk ,
AND recidivism and cost information.
20190SB0501P1423 - 12 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(d) (F) 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
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 BY
EACH COUNTY with guidelines adopted by the commission for county
intermediate punishment or for imposing restrictive conditions
of probation and with related statutory requirements AND SECTION
9728(G.1) (RELATING TO COLLECTION OF RESTITUTION, REPARATION,
FEES, COSTS, FINES AND PENALTIES) and report the results to the
Pennsylvania Commission on Crime and Delinquency.
20190SB0501P1423 - 13 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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), 8127(B), 9718, 9721(a), (a.1)
and (b), 9728(A)(2) AND (B)(5), 9730, 9754, 9755(d) and (h),
9756(c.1), 9763 heading, (a), (b)(14) (B)(1), (2), (8), (10),
(14), (16) and (17), (c) and (d), 9764(f), 9771(a) and (b) and
9771.1 of Title 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
20190SB0501P1423 - 14 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
county intermediate punishment programs] drug treatment
program and State motivational boot camps.
* * *
§ 8127. PERSONAL EARNINGS EXEMPT FROM PROCESS.
* * *
(B) PRIORITY.--AN ORDER OF ATTACHMENT FOR SUPPORT SHALL HAVE
FIRST PRIORITY AND AN ORDER DESCRIBED IN SUBSECTION (A)(5) SHALL
HAVE SECOND PRIORITY OVER ANY OTHER ATTACHMENT, EXECUTION,
GARNISHMENT OR WAGE ASSIGNMENT.
* * *
§ 9718. SENTENCES FOR OFFENSES AGAINST INFANT PERSONS.
(A) MANDATORY SENTENCE.--
(1) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
THE VICTIM IS LESS THAN 16 YEARS OF AGE SHALL BE SENTENCED TO
A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
ASSAULT) - NOT LESS THAN TWO YEARS.
18 PA.C.S. § 3121(A)(1), (2), (3), (4) AND (5) (RELATING
TO RAPE) - NOT LESS THAN TEN YEARS.
18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
INTERCOURSE) - NOT LESS THAN TEN YEARS.
18 PA.C.S. § 3125(A)(1) THROUGH (6) (RELATING TO
AGGRAVATED INDECENT ASSAULT) - NOT LESS THAN FIVE YEARS.
(2) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
THE VICTIM IS LESS THAN 13 YEARS OF AGE SHALL BE SENTENCED TO
A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
18 PA.C.S. § 2502(C) (RELATING TO MURDER) - NOT LESS THAN
15 YEARS.
18 PA.C.S. § 2702(A)(1) - NOT LESS THAN FIVE YEARS.
(3) A PERSON CONVICTED OF THE FOLLOWING OFFENSES SHALL
20190SB0501P1423 - 15 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
18 PA.C.S. § 3121(C) AND (D) - NOT LESS THAN TEN YEARS.
18 PA.C.S. § 3125(A)(7) - NOT LESS THAN FIVE YEARS.
18 PA.C.S. § 3125(B) - NOT LESS THAN TEN YEARS.
(B) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
(C) [PROOF AT SENTENCING.--THE PROVISIONS OF THIS SECTION
SHALL NOT BE AN ELEMENT OF THE CRIME, AND NOTICE OF THE
PROVISIONS OF THIS SECTION TO THE DEFENDANT SHALL NOT BE
REQUIRED PRIOR TO CONVICTION, BUT REASONABLE NOTICE OF THE
COMMONWEALTH'S INTENTION TO PROCEED UNDER THIS SECTION SHALL BE
PROVIDED AFTER CONVICTION AND BEFORE SENTENCING. THE
APPLICABILITY OF THIS SECTION SHALL BE DETERMINED AT SENTENCING.
THE COURT SHALL CONSIDER ANY EVIDENCE PRESENTED AT TRIAL AND
SHALL AFFORD THE COMMONWEALTH AND THE DEFENDANT AN OPPORTUNITY
TO PRESENT ANY NECESSARY ADDITIONAL EVIDENCE AND SHALL
DETERMINE, BY A PREPONDERANCE OF THE EVIDENCE, IF THIS SECTION
IS APPLICABLE.] APPLICATION OF MANDATORY MINIMUM PENALTY.--WITH
THE EXCEPTION OF PRIOR CONVICTIONS, ANY PROVISION OF THIS
SECTION THAT REQUIRES IMPOSITION OF A MANDATORY MINIMUM SENTENCE
SHALL CONSTITUTE AN ELEMENT ENHANCING THE UNDERLYING OFFENSE.
ANY ENHANCING ELEMENT MUST BE PROVEN BEYOND A REASONABLE DOUBT
AT TRIAL ON THE UNDERLYING OFFENSE AND MUST BE SUBMITTED TO THE
FACT-FINDER FOR DELIBERATION TOGETHER WITH THE UNDERLYING
OFFENSE. IF THE FACT-FINDER FINDS THE DEFENDANT GUILTY OF THE
UNDERLYING OFFENSE, THE FACT-FINDER SHALL ALSO DECIDE WHETHER
ANY ENHANCING ELEMENT HAS BEEN PROVEN.
(C.1) NOTICE.--NOTICE TO THE DEFENDANT OF THE APPLICABILITY
OF THIS SECTION SHALL BE REQUIRED PRIOR TO CONVICTION.
(D) AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE NO
20190SB0501P1423 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
SUBSECTION (A) OR TO PLACE THE OFFENDER ON PROBATION OR TO
SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE
SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT
PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY
THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE
THE MANDATORY SENTENCES PROVIDED IN THIS SECTION.
(E) APPEAL BY COMMONWEALTH.--[IF A SENTENCING COURT REFUSES
TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL
HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE
SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE
AND REMAND THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A
SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE
SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION.] IF THE FACT-
FINDER HAS FOUND ANY ENHANCING ELEMENT AND A SENTENCING COURT
IMPOSES A SENTENCE BELOW THE MANDATORY MINIMUM SENTENCE, THE
COMMONWEALTH SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE
SENTENCE. IF THE APPELLATE COURT FINDS THAT THE MANDATORY
SENTENCING PROVISION WAS APPLICABLE, THE COURT SHALL VACATE THE
SENTENCE AND REMAND THE CASE FOR RESENTENCING IN ACCORDANCE WITH
THAT PROVISION.
* * *
§ 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.
20190SB0501P1423 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20190SB0501P1423 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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,
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
20190SB0501P1423 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the defendant.
* * *
§ 9728. COLLECTION OF RESTITUTION, REPARATION, FEES, COSTS,
FINES AND PENALTIES.
(A) GENERAL RULE.--
* * *
(2) IN ACCORDANCE WITH SECTION 9730.1 (RELATING TO
COLLECTION OF COURT COSTS, RESTITUTION AND FINES BY PRIVATE
COLLECTION AGENCY), THE COLLECTION OF RESTITUTION,
REPARATION, FEES, COSTS, FINES AND PENALTIES UNDER THIS
SECTION MAY BE REFERRED TO A PRIVATE COLLECTION AGENCY. ANY
COUNTY THAT DOES NOT ENGAGE THE SERVICES OF A PRIVATE
COLLECTION AGENCY SHALL OPERATE A COLLECTIONS ENFORCEMENT
UNIT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (1) AND
DEDICATED TO CARRYING OUT THE DUTIES THEREIN PROVIDED.
STATISTICAL INFORMATION RELATING TO THE AMOUNT OF RESTITUTION
COLLECTED BY THE COUNTY PROBATION DEPARTMENT OR ANY AGENT
DESIGNATED BY THE COUNTY COMMISSIONERS OF THE COUNTY WITH THE
APPROVAL OF THE PRESIDENT JUDGE OF THE COUNTY SHALL BE [MADE
AVAILABLE] PROVIDED TO THE PENNSYLVANIA COMMISSION ON CRIME
AND DELINQUENCY AND PENNSYLVANIA COMMISSION ON SENTENCING ON
AN ANNUAL BASIS. THE STATISTICAL INFORMATION SHALL BE
SUFFICIENTLY DETAILED SO AS TO SHOW COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION, INCLUDING SUBSECTION (G.1).
(B) PROCEDURE.--
* * *
(5) DEDUCTIONS SHALL BE AS FOLLOWS:
(I) THE [COUNTY CORRECTIONAL FACILITY TO WHICH THE
OFFENDER HAS BEEN SENTENCED OR THE] DEPARTMENT OF
CORRECTIONS SHALL [BE AUTHORIZED TO] MAKE MONETARY
20190SB0501P1423 - 20 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DEDUCTIONS [FROM] OF AT LEAST 25% OF DEPOSITS MADE TO
INMATE WAGES AND PERSONAL ACCOUNTS FOR THE PURPOSE OF
COLLECTING RESTITUTION [OR], COSTS IMPOSED UNDER SECTION
9721(C.1), FILING FEES TO BE COLLECTED UNDER SECTION
6602(C) (RELATING TO PRISONER FILING FEES) AND ANY OTHER
COURT-ORDERED OBLIGATION. [OR COSTS IMPOSED UNDER SECTION
9721(C.1). ANY AMOUNT DEDUCTED SHALL BE TRANSMITTED BY
THE DEPARTMENT OF CORRECTIONS OR THE COUNTY CORRECTIONAL
FACILITY TO THE PROBATION DEPARTMENT OF THE COUNTY OR
OTHER AGENT DESIGNATED BY THE COUNTY COMMISSIONERS OF THE
COUNTY WITH THE APPROVAL OF THE PRESIDENT JUDGE OF THE
COUNTY IN WHICH THE OFFENDER WAS CONVICTED. THE
DEPARTMENT OF CORRECTIONS SHALL DEVELOP GUIDELINES
RELATING TO ITS RESPONSIBILITIES UNDER THIS PARAGRAPH.]
(II) THE COUNTY CORRECTIONAL FACILITY TO WHICH THE
OFFENDER HAS BEEN SENTENCED SHALL:
(A) BE AUTHORIZED TO MAKE MONETARY DEDUCTIONS
FROM INMATE WAGES AND PERSONAL ACCOUNTS FOR THE
PURPOSE OF COLLECTING RESTITUTION, COSTS IMPOSED
UNDER SECTION 9721(C.1), FILING FEES TO BE COLLECTED
UNDER SECTION 6602(C) AND ANY OTHER COURT-ORDERED
OBLIGATION OR FEES OWED TO THE COUNTY JAIL OR PRISON
RELATED TO THE INMATE'S INCARCERATION.
(B) DEDUCT AN AMOUNT SUFFICIENT TO SATISFY ANY
OUTSTANDING RESTITUTION, COSTS IMPOSED UNDER SECTION
9721(C.1), FILING FEES TO BE COLLECTED UNDER SECTION
6602(C) OR OTHER COURT-ORDERED OBLIGATIONS BEFORE
RELEASING FUNDS ON DEPOSIT.
(III) ANY AMOUNT DEDUCTED UNDER THIS PARAGRAPH SHALL
BE IN ADDITION TO THE FULL AMOUNT AUTHORIZED TO BE
20190SB0501P1423 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
COLLECTED PURSUANT TO ANY ORDER FOR SUPPORT. ANY AMOUNT
DEDUCTED SHALL BE TRANSMITTED TO THE PROBATION DEPARTMENT
OF THE COUNTY OR OTHER AGENT DESIGNATED BY THE COUNTY
COMMISSIONERS WITH THE APPROVAL OF THE PRESIDENT JUDGE OF
THE COUNTY IN WHICH THE OFFENDER WAS CONVICTED.
(IV) THE DEPARTMENT OF CORRECTIONS AND EACH COUNTY
CORRECTIONAL FACILITY SHALL DEVELOP GUIDELINES RELATING
TO ITS RESPONSIBILITIES UNDER THIS PARAGRAPH. THE
GUIDELINES SHALL BE INCORPORATED INTO ANY CONTRACT
ENTERED INTO WITH A CORRECTIONAL FACILITY.
* * *
§ 9730. PAYMENT OF COURT COSTS, RESTITUTION AND FINES.
(A) [USE OF CREDIT CARDS] METHOD OF PAYMENT.--THE TREASURER
OF EACH COUNTY MAY ALLOW THE USE OF CREDIT CARDS AND BANK CARDS
IN THE PAYMENT OF COURT COSTS, RESTITUTION AND FINES[.] AND MAY
PROVIDE FOR AUTOMATIC PERIODIC DEDUCTIONS FROM A BANK ACCOUNT,
SUBJECT TO THE AGREEMENT OF THE OWNER OF THE ACCOUNT.
(A.1) WAGE ATTACHMENT.--A COURT MAY, AT SENTENCING, ASSIGN
AN AMOUNT NOT GREATER THAN 25% OF THE DEFENDANT'S GROSS SALARY,
WAGES OR OTHER EARNINGS TO BE USED FOR THE PAYMENT OF COURT
COSTS, RESTITUTION OR FINES.
(B) PROCEDURES REGARDING DEFAULT.--
(1) IF A DEFENDANT DEFAULTS IN THE PAYMENT OF [A FINE,]
COURT COSTS [OR], RESTITUTION OR FINES AFTER IMPOSITION OF
SENTENCE, THE ISSUING AUTHORITY OR A SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE APPOINTED BY THE PRESIDENT JUDGE
FOR THE PURPOSES OF THIS SECTION MAY CONDUCT A HEARING TO
DETERMINE WHETHER THE DEFENDANT IS FINANCIALLY ABLE TO PAY.
(2) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE DETERMINES THAT THE DEFENDANT IS
20190SB0501P1423 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
FINANCIALLY ABLE TO PAY THE [FINE OR] COSTS, RESTITUTION OR
FINE, THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE MAY ENTER AN ORDER FOR WAGE
ATTACHMENT, TURN THE DELINQUENT ACCOUNT OVER TO A PRIVATE
COLLECTION AGENCY OR IMPOSE IMPRISONMENT FOR NONPAYMENT, AS
PROVIDED BY LAW.
(3) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE DETERMINES THAT THE DEFENDANT IS
WITHOUT THE FINANCIAL MEANS TO PAY THE [FINE OR] COSTS,
RESTITUTION OR FINE IMMEDIATELY OR IN A SINGLE REMITTANCE,
THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR MAGISTERIAL
DISTRICT JUDGE MAY PROVIDE FOR PAYMENT IN INSTALLMENTS. IN
DETERMINING THE APPROPRIATE INSTALLMENTS, THE ISSUING
AUTHORITY, SENIOR JUDGE OR SENIOR MAGISTERIAL DISTRICT JUDGE
SHALL CONSIDER THE DEFENDANT'S FINANCIAL RESOURCES, THE
DEFENDANT'S ABILITY TO MAKE RESTITUTION AND REPARATIONS AND
THE NATURE OF THE BURDEN THE PAYMENT WILL IMPOSE ON THE
DEFENDANT. IF THE DEFENDANT IS IN DEFAULT OF A PAYMENT OR
ADVISES THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE THAT DEFAULT IS IMMINENT, THE
ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR MAGISTERIAL
DISTRICT JUDGE MAY SCHEDULE A REHEARING ON THE PAYMENT
SCHEDULE. AT THE REHEARING THE DEFENDANT HAS THE BURDEN OF
PROVING CHANGES OF FINANCIAL CONDITION SUCH THAT THE
DEFENDANT IS WITHOUT THE MEANS TO MEET THE PAYMENT SCHEDULE.
THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR MAGISTERIAL
DISTRICT JUDGE MAY EXTEND OR ACCELERATE THE SCHEDULE, LEAVE
IT UNALTERED OR SENTENCE THE DEFENDANT TO A PERIOD OF
COMMUNITY SERVICE AS THE ISSUING AUTHORITY, SENIOR JUDGE OR
SENIOR MAGISTERIAL DISTRICT JUDGE FINDS TO BE JUST AND
20190SB0501P1423 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PRACTICABLE UNDER THE CIRCUMSTANCES.
(4) A DECISION OF THE ISSUING AUTHORITY, SENIOR JUDGE OR
SENIOR MAGISTERIAL DISTRICT JUDGE UNDER PARAGRAPH (2) OR (3)
IS SUBJECT TO SECTION 5105 (RELATING TO RIGHT TO APPELLATE
REVIEW).
§ 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
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,
20190SB0501P1423 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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) AS IT DEEMS NECESSARY TO ENSURE OR ASSIST THE
20190SB0501P1423 - 25 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DEFENDANT IN LEADING A LAW-ABIDING LIFE .
(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.
* * *
(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
20190SB0501P1423 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
§ 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
20190SB0501P1423 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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:
* * *
(1) TO MEET FAMILY RESPONSIBILITIES, INCLUDING
CONSIDERATION OF CHILD CARE RESPONSIBILITIES AND LIMITATIONS.
(2) TO BE DEVOTED TO A SPECIFIC OCCUPATION [OR],
EMPLOYMENT OR EDUCATION INITIATIVE.
* * *
[(8) TO REFRAIN FROM FREQUENTING UNLAWFUL OR
DISREPUTABLE PLACES OR CONSORTING WITH DISREPUTABLE PERSONS.]
* * *
(10) TO MAKE RESTITUTION OF THE FRUITS OF THE CRIME OR
TO MAKE REPARATIONS, IN AN AFFORDABLE AMOUNT AND ON A
SCHEDULE THAT THE DEFENDANT CAN AFFORD TO PAY, FOR THE LOSS
OR DAMAGE CAUSED BY THE CRIME.
* * *
(14) To participate in drug or alcohol screening and
treatment programs, including outpatient [and inpatient]
programs.
* * *
[(16) To remain within the premises of the defendant's
residence during the hours designated by the court.
20190SB0501P1423 - 28 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
(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
20190SB0501P1423 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
of probation.--Probation may include restrictive conditions
that:
(1) house the person full time or part time, including
inpatient treatment; or
20190SB0501P1423 - 30 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20190SB0501P1423 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
probation upon proof of the violation of specified conditions of
the probation OR IF THE PERSON PRESENTS AN IDENTIFIABLE THREAT
TO PUBLIC SAFETY. 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
drug-related crimes.
(2) An offender shall be ineligible for the program if
the offender has been convicted or adjudicated delinquent of
20190SB0501P1423 - 32 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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;
(ii) seven days for a second violation;
(iii) fourteen days for a third violation; and
(iv) twenty-one days for a fourth or subsequent
20190SB0501P1423 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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).
Section 5. Sections 9773 and 9774 of Title 42 are repealed:
[§ 9773. Modification or revocation of county intermediate
punishment sentence.
20190SB0501P1423 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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).
(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
20190SB0501P1423 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
constraint of the offender's liberties.
(ii) Do not involve the housing of the offender,
either full or part time.
20190SB0501P1423 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20190SB0501P1423 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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)
(relating to operating watercraft under influence of
alcohol or controlled substance), the defendant may only
be sentenced to a county intermediate punishment program
20190SB0501P1423 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
context clearly indicates otherwise:
* * *
"Eligible inmate." A person sentenced to a term of
20190SB0501P1423 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] LISTED 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
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
20190SB0501P1423 - 40 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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).] 18 PA.C.S. § 2502 (RELATING TO MURDER), 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) . OR CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR
CRIMINAL CONSPIRACY TO COMMIT ANY OF THESE 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
20190SB0501P1423 - 41 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 3 OR 4 of The Controlled Substance, Drug,
Device and Cosmetic Act, if the aggregate weight of the
compound or mixture containing the substance involved is at
least 100 grams.
20190SB0501P1423 - 42 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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.
20190SB0501P1423 - 43 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) A mixture containing 3, 4-methylenedioxyamphetamine
(MDA); 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-
3,4methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; OR N-hydroxy-3,4-methylenedioxyamphetamine
when the aggregate weight of the compound or mixture
containing the substance involved is at least 1,000 tablets,
capsules, caplets or other dosage units, or 300 grams.
(7) Fentenyl FENTANYL or a mixture containing fentenyl
FENTANYL , if the aggregate weight of the compound or mixture
containing the fentenyl FENTANYL is 50 10 grams or more.
(8) CARFENTANIL OR A MIXTURE CONTAINING CARFENTANIL, IF
THE AGGREGATE WEIGHT OF THE COMPOUND OR MIXTURE CONTAINING
THE CARFENTANIL IS ONE GRAM OR MORE.
"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.]
20190SB0501P1423 - 44 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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] LISTED 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
20190SB0501P1423 - 45 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
penalties).] 18 PA.C.S. § 2502 (RELATING TO MURDER), 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) . OR CRIMINAL ATTEMPT, CRIMINAL
SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT ANY OF THESE
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.
20190SB0501P1423 - 46 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20190SB0501P1423 - 47 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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[.], PUBLIC SAFETY WOULD BE
ENHANCED BY THE PERSON'S PARTICIPATION IN THE STATE DRUG
TREATMENT PROGRAM, AND PLACEMENT OF THE PERSON IN THE STATE
DRUG TREATMENT PROGRAM WOULD NOT DEPRECIATE THE SERIOUSNESS
OF THE OFFENSE. 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
20190SB0501P1423 - 48 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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,] 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
20190SB0501P1423 - 49 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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.
20190SB0501P1423 - 50 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[(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
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
20190SB0501P1423 - 51 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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.
20190SB0501P1423 - 52 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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 particip