See other bills
under the
same topic
PRIOR PRINTER'S NOS. 1462, 1480
PRINTER'S NO. 1938
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
968
Session of
2020
INTRODUCED BY BROWNE, MARTIN, YAW, KILLION, MENSCH, YUDICHAK AND
ARGALL, JANUARY 24, 2020
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 8, 2020
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 definitions and for publication of guidelines
for sentencing, resentencing and parole, risk assessment
instrument and recommitment ranges following revocation; in
depositions and witnesses, further providing for confidential
communications involving law enforcement officers and for
confidential communications to peer support members; in
juvenile matters, further providing for inspection of court
files and records; in particular rights and immunities,
further providing for immunity of State parole officers and
for immunity of program administrators and supervisors; in
post-trial matters, further providing for postconviction DNA
testing; in sentencing, further providing for mandatory
period of probation for certain sexual offenders, for
disposition of persons found guilty but mentally ill, for
information required upon commitment and subsequent
disposition, for judicial power to release inmates, for
transfer of inmates in need of medical treatment, for
applicability, for registry, for initial registration, for
duty to inform, for enforcement, for assessments, FOR
VERIFICATION BY SEXUAL OFFENDERS AND PENNSYLVANIA STATE
POLICE, for administration, for global positioning system
technology, for immunity for good faith conduct, for
Pennsylvania State Police, for duties of probation and parole
officials, for board, for annual performance audit, for
applicability, FOR REGISTRATION, for registration procedures
and applicability, for assessments, for administration, for
global positioning system technology, for immunity for good
faith conduct, for duties of Pennsylvania State Police, for
duties of Pennsylvania Board of Probation and Parole, for
board and for annual performance audit; in other criminal
provisions, further providing for supervisory relationship to
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offenders; in preliminary provisions, further providing for
definitions; in general administration, providing for powers
of peace officers; in community corrections centers and
community corrections facilities, further providing for
definitions, for department, for offenders who may be housed,
for authority of Commonwealth employees, for authority of
chairman and for escape and providing for certain offenders
residing in group-based homes and for reporting; in
Pennsylvania Board of Probation and Parole, further providing
for definitions, for operation of parole system generally,
for Pennsylvania Parole Board, for board chairperson, for
board action, for meetings and for offices, repealing
provisions relating to district directors, to district office
employees, to disciplinary action and to certain offenders
residing in group-based homes, further providing for general
powers of board and for specific powers of board involving
parolees, repealing provisions relating to probation
services, further providing for sentencing court to transmit
records to board, for general criteria for parole by court,
for right of access to inmates, for parole power, for
violation of terms of parole, for parole procedure, for
victim statements, testimony and participation in hearing,
for general rules and special regulations and for early
parole of inmates subject to Federal removal order and
repealing provisions relating to definitions, to status as
peace officers and to supervisory relationship to offenders;
providing for supervision of offenders and for agents; in
county probation officers' firearm education and training,
further providing for definitions; in Interstate Compacts,
further providing for Interstate Compact for the Supervision
of Adult Offenders application fee, for deputization and for
supervision of persons paroled by other states; PROVIDING FOR
BOARD OF PARDONS; conferring powers and imposing duties on
the Department of Corrections; providing for the transfer of
functions, powers and duties of the Pennsylvania Board of
Probation and Parole and for appropriations for the Office of
Victim Advocate; MAKING RELATED REPEALS; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "board" in section 2151.1 of
Title 42 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 2151.1. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
Board.
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* * *
Section 2. Sections 2155(a)(1) introductory paragraph and
(vi), 5950(d), 5952(d), 6307(a)(6.5), 8332.7, 8340, 9543.1(f)
(6), 9718.5(d) and 9727(a), (b)(1), (c) and (f)(3) of Title 42
are 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]
guidelines for restrictive conditions of probation, 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:
* * *
(vi) [State Board of Probation and] Pennsylvania
Parole Board.
* * *
§ 5950. Confidential communications involving law enforcement
officers.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in a group
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critical incident stress management team intervention.
"Critical incident." A situation responded to by a law
enforcement officer which presents or involves either the death
or serious bodily injury of an individual or the imminent
potential of such death or serious bodily injury, or any
situation faced by a law enforcement officer in the course of
duty which causes or may cause the law enforcement officer to
experience unusually strong negative emotional reactions.
"Critical Incident Stress Management Network." A network
that meets the requirements of membership with the Pennsylvania
Voluntary Critical Incident Stress Management Network as
administered by the Department of Health and is registered with
the International Critical Incident Stress Foundation.
"Critical incident stress management services."
Consultation, risk assessment, education, intervention,
briefing, defusing, debriefing, onsite services, referral and
other crisis intervention services provided by a critical
incident stress management team to a law enforcement officer
prior to, during or after a critical incident.
"Critical incident stress management team member." An
individual who is specially trained to provide critical incident
stress management services as a member of a police agency or
organization critical incident stress management team that holds
membership in the Commonwealth's critical incident stress
management network.
"Government unit." The General Assembly and its officers and
agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district or other local authority and the
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departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent[, enforcement officer and
investigator of the Pennsylvania Board of Probation and
Parole] of the Department of Corrections.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
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As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(13) A member of the Fort Indiantown Gap Police Force.
§ 5952. Confidential communications to peer support members.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in the
provision of peer support services.
"Government unit." The General Assembly and its officers and
agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district, local authority and the
departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent[, enforcement officer and
investigator of the Pennsylvania Board of Probation and
Parole] of the Department of Corrections.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
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ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish and Boat
Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(13) A member of the Fort Indiantown Gap Police Force.
"Peer support member." A law enforcement officer who:
(1) Is assigned by a law enforcement agency.
(2) Receives a minimum of 24 hours of basic training in
peer services, including listening, assessment and referral
skills and basic critical incident stress management.
(3) Receives eight hours of continuing training each
year.
(4) May be supervised by licensed psychologists.
§ 6307. Inspection of court files and records.
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(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.5) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 8332.7. Immunity of State parole officers.
(a) Assistance of law enforcement personnel.--In addition to
the provisions of [section 27 of the act of August 6, 1941
(P.L.861, No.323), referred to as the Pennsylvania Board of
Probation and Parole Law,] 61 Pa.C.S. § 6181 (relating to status
as peace officers) or any other law, any parole officer
appointed by the [Pennsylvania Board of Probation and Parole]
Department of Corrections who, after obtaining permission in
advance from a person authorized by the [Pennsylvania Board of
Probation and Parole] Secretary of Corrections, assists Federal,
State or local law enforcement officers or agents or county
probation officers in the lawful performance of their duties
shall be considered to be acting within the scope of his
official duty for all purposes of law and shall enjoy any
benefit or immunity conferred upon an employee of the
Commonwealth.
(b) Assistance of criminal victims.--In addition to any
other immunity provided by law, any parole officer appointed by
the [Pennsylvania Board of Probation and Parole] Secretary of
Corrections who is entitled to immunity under section 8331.3
(relating to criminal victim aid good Samaritan civil immunity)
as a result of providing assistance to a victim of a crime shall
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be considered to be acting within the scope of his official duty
while providing assistance to the victim for all purposes of law
and shall enjoy any benefit or immunity conferred upon an
employee of the Commonwealth.
§ 8340. Immunity of program administrators and supervisors.
Any probation officer or agent of the [Pennsylvania Board of
Probation and Parole] Department of Corrections and any public
service or charitable agency or organization or political
subdivision, or any official or employee thereof, supervising or
administering any restitution or community service program
approved by the court of common pleas or the [Pennsylvania Board
of Probation and Parole] Department of Corrections shall be
immune from any civil action for damages brought by or on behalf
of any person involved in the program or damages caused by any
person involved in the program. Nothing in this section shall be
construed to limit or otherwise affect or preclude liability
resulting from gross negligence or intentional misconduct or
reckless misconduct.
§ 9543.1. Postconviction DNA testing.
* * *
(f) Posttesting procedures.--
* * *
(6) If DNA testing conclusively identifies the DNA
profile of the applicant on probative and inculpatory
evidence, the court shall dismiss the petition and may make
any further orders that are appropriate. An order under this
paragraph may:
(i) direct that the Pennsylvania [Board of Probation
and] Parole Board be notified of the test results; or
(ii) mandate that the applicant's DNA profile be
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added to the Commonwealth's convicted offender database.
* * *
§ 9718.5. Mandatory period of probation for certain sexual
offenders.
* * *
(d) Direct supervision.--Nothing under this section shall
limit the court's authority to direct supervision by the
[Pennsylvania Board of Probation and Parole] Department of
Corrections by special order as provided under 61 Pa.C.S. §
[6133(a)] 6172(a) (relating to probation services).
§ 9727. Disposition of persons found guilty but mentally ill.
(a) Imposition of sentence.--A defendant found guilty but
mentally ill or whose plea of guilty but mentally ill is
accepted under the provisions of 18 Pa.C.S. § 314 (relating to
guilty but mentally ill) may have any sentence imposed on him
which may lawfully be imposed on any defendant convicted of the
same offense. Before imposing sentence, the court shall hear
testimony and make a finding on the issue of whether the
defendant at the time of sentencing is severely mentally
disabled and in need of treatment pursuant to the provisions of
the act of July 9, 1976 (P.L.817, No.143), known as the
["Mental] Mental Health Procedures [Act."] Act.
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
with available resources, be provided such treatment as is
psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the [Bureau of
Correction] Department of Corrections, by the county or by
the Department of [Public Welfare] Human Services in
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accordance with the ["Mental] Mental Health Procedures
[Act."] Act.
* * *
(c) Discharge report.--When a treating facility designated
by either the [Bureau of Correction] Department of Corrections
or the Department of [Public Welfare] Human Services discharges
such a defendant from treatment prior to the expiration of his
maximum sentence, that treating facility shall transmit to the
Pennsylvania [Board of Probation and] Parole Board, the
correctional facility or county jail to which the offender is
being returned and the sentencing judge a report on the
condition of the offender together with the reasons for its
judgments, which describes:
(1) The defendant's behavior.
(2) The course of treatment.
(3) The potential for recurrence of the behavior.
(4) The potential for danger to himself or the public.
(5) Recommendations for future treatment.
* * *
(f) Probation.--
* * *
(3) Treatment shall be provided by an agency approved by
the Department of [Public Welfare] Human Services or, with
the approval of the sentencing court and at individual
expense, by private agencies, private physicians or other
mental health personnel. A mental health status report,
containing the information set forth in subsection (c), shall
be filed with the probation officer and the sentencing court
every three months during the period of probation. If a
motion on a petition to discontinue probation is made by the
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defendant, the probation officer shall request a report as
specified from the treating facility.
Section 3. Section 9764(e), (f), (h), (i) and (k) of Title
42, amended December 18, 2019 (P.L.776, No.115), are amended to
read:
§ 9764. Information required upon commitment and subsequent
disposition.
* * *
(e) Release by Department of Corrections.--Prior to the
release of an inmate from the Department of Corrections to State
parole supervision, the Department of Corrections shall provide
to the [Board of Probation and] Pennsylvania Parole Board the
information contained in subsections (a)(1) and (2) and (b).
(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 Board the information contained in subsections (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.
* * *
(h) Record of inmate moneys.--Prior to the release of an
inmate from the Department of Corrections to State parole
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supervision, the department shall provide to the [Board of
Probation and] Pennsylvania Parole Board a record of any moneys
paid by the inmate and any balance remaining towards
satisfaction of restitution or any other court-ordered financial
obligations. Prior to the release of an inmate from a county
correctional facility to State parole supervision, the county
correctional facility shall provide to the [Board of Probation
and Parole] Department of Corrections a record of any moneys
paid by the inmate and any balance remaining towards the
satisfaction of restitution or any other court-ordered financial
obligations. Prior to the release of an inmate from a county
correctional facility to county parole supervision, the facility
shall provide to the county probation department or other agent
designated by the county commissioners of the county with the
approval of the president judge of the county a record of any
moneys paid by the inmate and any remaining balance towards the
satisfaction of restitution and any other court-ordered
financial obligations.
(i) Continuing payments.--The [Board of Probation and]
Pennsylvania Parole Board shall require as a condition of parole
that any inmate released to their supervision shall make
continuing payments on restitution or any other court-ordered
financial obligations. The sentencing court shall require as a
condition of county parole that any inmate released to the
supervision of the county probation department shall make
continuing payments of restitution or any other court-ordered
financial obligations.
* * *
(k) Procedures.--The Department of Corrections and the
Pennsylvania [Board of Probation and] Parole Board shall develop
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procedures to implement the provisions of this section.
* * *
Section 4. Sections 9776(a), 9777(d)(2), 9799.13(2),
9799.16(d), 9799.19(f), (k)(1) introductory paragraph and (iv)
and (2), (l)(2)(iv) and (q)(2), 9799.20 introductory paragraph,
9799.22(d), 9799.24(a), (b) introductory paragraph, (c), (e)(4)
and (g), 9799.25(F)(4), 9799.29, 9799.30 and 9799.31(6) of Title
42 are amended to read:
§ 9776. Judicial power to release inmates.
(a) General rule.--Except as otherwise provided under this
chapter or if the Pennsylvania [Board of Probation and] Parole
Board has exclusive parole jurisdiction, a court of this
Commonwealth or other court of record having jurisdiction may,
after due hearing, release on parole an inmate in the county
correctional institution of that judicial district.
* * *
§ 9777. Transfer of inmates in need of medical treatment.
* * *
(d) Notice.--
* * *
(2) The sentencing court shall forward notice of any
order entered under this section placing an inmate in a
hospital, long-term care nursing facility or hospice care
location to the hospital, long-term care nursing facility or
hospice care location and to the Department of [Public
Welfare] Human Services.
* * *
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
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(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
* * *
(2) A sexual offender who is an inmate in a State or
county correctional institution of this Commonwealth,
including a community corrections center or a community
contract facility, is being supervised by the [Pennsylvania
Board of Probation and Parole] Department of Corrections or
county probation or parole, is subject to a sentence of
intermediate punishment or restrictive conditions of
probation or has supervision transferred pursuant to the
Interstate Compact for Adult Supervision in accordance with
section 9799.19(g).
* * *
§ 9799.16. Registry.
* * *
(d) Cooperation.--There shall be cooperation between the
Pennsylvania State Police, State and county correctional
institutions, the Pennsylvania [Board of Probation and] Parole
Board, the county office of probation and parole, any court with
jurisdiction over a sexual offender, the chief juvenile
probation officer of the court, juvenile probation and parole
and the Department of [Public Welfare] Human Services to ensure
that the information set forth in subsections (b) and (c) is
provided and placed in the registry.
§ 9799.19. Initial registration.
* * *
(f) Initial registration if being supervised by Commonwealth
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under Interstate Compact for Adult Offender Supervision.--If an
individual is in this Commonwealth and is being supervised by
the [State Board of Probation and Parole] Department of
Corrections or the county office of probation and parole
pursuant to the Interstate Compact for Adult Offender
Supervision, the following apply:
(1) If the individual is being supervised under the
compact for committing a sexually violent offense which
requires registration in another jurisdiction or foreign
country whether or not the sexual offense is designated as a
sexually violent offense, the individual shall provide the
information set forth in section 9799.16(b) (relating to
registry) to the appropriate official of the [State Board of
Probation and Parole] Department of Corrections or the county
office of probation and parole for inclusion in the registry.
The appropriate official shall collect the information set
forth in section 9799.16(b) and forward the information to
the Pennsylvania State Police. The appropriate official
shall, in addition, ensure that the information set forth in
section 9799.16(c) is collected and forwarded to the
Pennsylvania State Police. If the individual fails to provide
the information in section 9799.16(b), the appropriate
official of the [State Board of Probation and Parole]
Department of Corrections or county office of probation and
parole shall notify the Pennsylvania State Police.
* * *
(k) Registration if incarcerated within Commonwealth or by
Federal court.--The following apply to an individual who
committed a sexually violent offense:
(1) If the individual is incarcerated in a Federal,
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State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b) to
the appropriate official of the Federal, State or county
correctional facility or the [Pennsylvania Board of Probation
and Parole] Department of Corrections for inclusion in the
registry before being released due to:
* * *
(iv) special probation supervised by the
[Pennsylvania Board of Probation and Parole] Department
of Corrections.
(2) For individuals described in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the [Pennsylvania Board of Probation
and Parole] Department of Corrections shall collect and
forward the information specified in section 9799.16(b) to
the Pennsylvania State Police. The appropriate official
shall, in addition, ensure that the information specified in
section 9799.16(c) is collected and forwarded to the
Pennsylvania State Police. The information specified in
section 9799.16(b) and (c) shall be included in the registry.
With respect to individuals released under paragraph (1)(ii),
(iii) or (iv), the State or county correctional facility
shall not release the individual until the State or county
correctional facility receives verification from the
Pennsylvania State Police that the Pennsylvania State Police
has received the information specified in section 9799.16(b)
and (c). Verification may take place by electronic means.
With respect to individuals released under paragraph (1)(i),
if the individual refuses to provide the information
specified in section 9799.16(b), the State or county
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correctional facility shall notify the Pennsylvania State
Police or the municipal police department with jurisdiction
over the facility of the failure to provide the information
and of the expected date, time and location of the release of
the individual.
(l) Registration if sentenced to a State or county
correctional facility.--If the individual committed a sexually
violent offense and is sentenced to a period of incarceration in
a State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b) as
follows:
* * *
(2) If the individual is incarcerated in a State or
county correctional facility, the correctional facility shall
notify the Pennsylvania State Police, not more than 30 days
in advance of, but not later than 10 days prior to, the
individual's release from the correctional facility. The
following apply:
* * *
(iv) In the case of parole, State [or county]
intermediate punishment, State drug treatment programs or
restrictive conditions of probation where the sentence is
restrictive and the individual is sentenced to a period
of incarceration in a State or county correctional
facility or work release facility or special probation
supervised by the [Pennsylvania Board of Probation and
Parole] Department of Corrections, the correctional
facility may not release the individual until the
correctional facility receives verification from the
Pennsylvania State Police that the Pennsylvania State
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Police has received the information specified in section
9799.16(b) and (c). Verification by the Pennsylvania
State Police may occur by electronic means.
* * *
(q) Registration for State or county parolees.--
* * *
(2) If the individual committed a sexually violent
offense and is serving a sentence of State parole, the
[Pennsylvania Board of Probation and Parole] Department of
Corrections shall register the individual within 48 hours.
The appropriate official of the [Pennsylvania Board of
Probation and Parole] Department of Corrections shall collect
the information specified in section 9799.16(b) from the
individual and forward the information to the Pennsylvania
State Police. The Pennsylvania State Police shall ensure that
the information specified in section 9799.16(c) is collected.
The information specified in section 9799.16(b) and (c) shall
be included in the registry. If the individual fails to
comply, the appropriate official of the [Pennsylvania Board
of Probation and Parole] Department of Corrections shall
notify the Pennsylvania State Police.
§ 9799.20. Duty to inform.
In order to implement the provisions of section 9799.19
(relating to initial registration), as appropriate, the
Pennsylvania State Police, the court having jurisdiction over
the sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the [Pennsylvania Board of
Probation and Parole] Department of Corrections, county office
of probation and parole, the Department of [Public Welfare]
Human Services or a State or county correctional institution
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shall:
* * *
§ 9799.22. Enforcement.
* * *
(d) Duty to inform Pennsylvania State Police.--In order to
implement this subchapter, the court with jurisdiction over the
sexual offender, the chief juvenile probation officer of the
court and the appropriate official of the [Pennsylvania Board of
Probation and Parole] Department of Corrections responsible for
State parole supervision, the county office of probation and
parole, the Department of [Public Welfare] Human Services or a
State or county correctional institution shall inform the
Pennsylvania State Police if the individual refuses to provide
the information required by this subchapter so that the
Pennsylvania State Police may comply with this section.
§ 9799.24. Assessments.
(a) Order for assessment.--After conviction but before
sentencing, a court shall order an individual convicted of a
sexually violent offense to be assessed by the board. The order
for an assessment shall be sent to the [administrative officer]
executive director of the board within ten days of the date of
conviction for the sexually violent offense.
(b) Assessment.--Upon receipt from the court of an order for
an assessment, a member of the board as designated by the
[administrative officer] executive director of the board shall
conduct an assessment of the individual to determine if the
individual should be classified as a sexually violent predator.
The board shall establish standards for evaluations and for
evaluators conducting the assessments. An assessment shall
include, but not be limited to, an examination of the following:
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* * *
(c) Release of information.--All State, county and local
agencies, offices and entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing copies
of records and information as requested by the board in
connection with the court-ordered assessment and the assessment
requested by the Pennsylvania [Board of Probation and] Parole
Board or the assessment of a delinquent child under section 6358
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board). For assessments of
delinquent children conducted by the board pursuant to section
6358 from January 23, 2005, to December 19, 2012, all State,
county and local agencies, offices and entities, including
juvenile probation officers, are subject to the release of
information requirements set forth in this subsection.
* * *
(e) Hearing.--
* * *
(4) A copy of the order containing the determination of
the court shall be immediately submitted to the individual,
the district attorney, the Pennsylvania [Board of Probation
and] Parole Board, the Department of Corrections, the board
and the Pennsylvania State Police.
* * *
(g) Parole assessment.--The Pennsylvania [Board of Probation
and] Parole Board may request of the board that an assessment of
a sexual offender be conducted and that a report be provided to
the Pennsylvania [Board of Probation and] Parole Board prior to
considering a sexual offender for parole.
* * *
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§ 9799.25. VERIFICATION BY SEXUAL OFFENDERS AND PENNSYLVANIA
STATE POLICE.
* * *
(F) RESIDENTS IN GROUP-BASED HOMES.--
* * *
(4) AS USED IN THIS SUBSECTION, THE TERM "GROUP-BASED
HOME" HAS THE MEANING GIVEN TO IT IN 61 PA.C.S. § [6124(C)]
5007(C) (RELATING TO CERTAIN OFFENDERS RESIDING IN GROUP-
BASED HOMES).
§ 9799.29. Administration.
The Governor shall direct the Pennsylvania State Police, [the
Pennsylvania Board of Probation and Parole,] the board, the
Department of Corrections, the Department of Transportation and
any other agency of the Commonwealth that the Governor deems
necessary to collaboratively design, develop and implement an
integrated and secure system of communication, storage and
retrieval of information to assure the timely, accurate and
efficient administration of this subchapter.
§ 9799.30. Global positioning system technology.
The Pennsylvania [Board of Probation and] Parole Board, the
Department of Corrections, the agents of the Department of
Corrections and county probation authorities may impose
supervision conditions that include tracking through global
positioning system technology.
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
(6) The Pennsylvania [Board of Probation and] Parole
Board and its agents and employees.
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* * *
Section 5. Section 9799.32 heading and paragraphs (2), (7),
(8) and (9) of Title 42 are amended to read:
§ 9799.32. Pennsylvania State Police and Department of
Corrections.
The Pennsylvania State Police have the following duties:
* * *
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Juvenile Court Judges'
Commission, the Administrative Office of Pennsylvania
Courts[, the Pennsylvania Board of Probation and Parole] and
the chairman and minority chairman of the Judiciary Committee
of the Senate and the chairman and minority chairman of the
Judiciary Committee of the House of Representatives, to
promulgate guidelines necessary for the general
administration of this subchapter. These guidelines shall
establish procedures to allow an individual subject to the
requirements of this subchapter, including a transient, to
fulfill these requirements at approved registration sites
throughout this Commonwealth. The Pennsylvania State Police
shall publish a list of approved registration sites in the
Pennsylvania Bulletin and provide a list of approved
registration sites in any notice sent to individuals required
to register under this subchapter. An approved registration
site shall be capable of submitting fingerprints, palm
prints, DNA samples and any other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
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another manner and in such form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites set forth in this paragraph.
* * *
(7) In consultation with the Department of Education and
the [Pennsylvania Board of Probation and Parole,] Department
of Corrections , to promulgate guidelines directing licensed
day-care centers, licensed preschool programs, schools,
universities and colleges, including community colleges, on
the proper use and administration of information received
under section 9799.27.
(8) In consultation with the Department of Corrections
[and the Pennsylvania Board of Probation and Parole,] to
promulgate guidelines directing State and county correctional
facilities and State and county probation and parole offices
regarding the completion of information, including the taking
of photographs, required by sexual offenders under this
subchapter.
(9) In consultation with the Administrative Office of
Pennsylvania Courts, the Department of [Public Welfare] Human
Services and the Juvenile Court Judges' Commission, to
promulgate guidelines regarding the completion of information
required by juvenile offenders and sexually violent
delinquent children under this subchapter.
* * *
Section 6. Sections 9799.33, 9799.35(e), 9799.38, 9799.54(a)
(3), 9799.55(D)(4), 9799.56(a)(4)(i), 9799.58(c), (e)(4) and
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(g), 9799.64, 9799.65, 9799.66(6), 9799.67(2), (5) and (6),
9799.68, 9799.69(e), 9799.72 and 9912(e.1)(10) of Title 42 are
amended to read:
§ 9799.33. Duties of Department of Corrections and probation
and parole officials.
(a) Duties.--The [Pennsylvania Board of Probation and
Parole,] Department of Corrections , the county office of
probation and parole and the chief juvenile probation officer of
the court shall:
(1) Perform their respective duties set forth for the
[Pennsylvania Board of Probation and Parole,] Department of
Corrections , the county office of probation and parole and
the chief juvenile probation officer of the court in
accordance with section 9799.19 (relating to initial
registration).
(2) On a form prescribed by the Pennsylvania State
Police, notify the Pennsylvania State Police each time a
sexual offender is arrested, recommitted to a State or county
correctional institution for a parole violation or
incarcerated.
(b) Notification form.--The [Pennsylvania Board of Probation
and Parole] Department of Corrections shall create a
notification form which will inform [State and] county prison
and probation and parole personnel how to inform sexual
offenders of their duties under this subchapter. In addition,
the [Pennsylvania Board of Probation and Parole] Department of
Corrections shall apply for Federal funding as provided in the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248, 120 Stat. 587) to support and enhance programming using
global satellite positioning system technology.
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§ 9799.35. Board.
* * *
(e) Staff.--[Support staff for the board shall be provided
by the Pennsylvania Board of Probation and Parole.] The board
shall employ an executive director and other staff as necessary
to carry out the board's duties under this chapter. The
executive director shall direct the operations, management and
administration of the board and organize and oversee the work of
the staff. Legal counsel for the board shall be provided in
accordance with the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act. Upon request by the
board, the Department of Corrections shall make available
facilities, administrative support and other assistance to the
board.
§ 9799.38. Annual performance audit.
(a) Duties of the Attorney General.--The Attorney General
has the following duties:
(1) To conduct a performance audit annually to determine
compliance with the requirements of this subchapter and
Subchapter I (relating to continued registration of sexual
offenders) and any guidelines promulgated under this
subchapter and Subchapter I. The audit shall, at a minimum,
include a review of the practices, procedures and records of
the Pennsylvania State Police, [the Pennsylvania Board of
Probation and Parole ,] the Department of Corrections, the
board, the Administrative Office of Pennsylvania Courts and
any other State or local agency the Attorney General deems
necessary in order to conduct a thorough and accurate
performance audit.
(2) To prepare an annual report of its findings and any
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action that it recommends be taken by the Pennsylvania State
Police, [the Pennsylvania Board of Probation and Parole,] the
Department of Corrections, the board, the Administrative
Office of Pennsylvania Courts, other State or local agencies
and the General Assembly to ensure compliance with this
subchapter and Subchapter I. The first report shall be
released to the general public no fewer than 18 months after
December 20, 2012.
(3) To provide a copy of its report to the Pennsylvania
State Police, [the Pennsylvania Board of Probation and
Parole,] the Department of Corrections, the board, the
Administrative Office of Pennsylvania Courts, State or local
agencies referenced in the report, the chairman and the
minority chairman of the Judiciary Committee of the Senate
and the chairman and the minority chairman of the Judiciary
Committee of the House of Representatives no fewer than 30
days prior to its release to the general public.
(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State Police,
[the Pennsylvania Board of Probation and Parole,] the Department
of Corrections, the board, the Administrative Office of
Pennsylvania Courts, the Pennsylvania Commission on Sentencing
and any other State or local agency requested to do so shall
fully cooperate with the Attorney General and assist the Office
of Attorney General in satisfying the requirements of this
section. For purposes of this subsection, full cooperation shall
include, at a minimum, complete access to unredacted records,
files, reports and data systems.
§ 9799.54. Applicability.
(a) Registration.--The following individuals shall register
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with the Pennsylvania State Police as provided in this
subchapter:
* * *
(3) An individual who committed a sexually violent
offense within this Commonwealth and is an inmate in a State
or county correctional facility of this Commonwealth,
including a community corrections center or a community
contract facility, is being supervised by the [Pennsylvania
Board of Probation and Parole] Department of Corrections or
county probation or parole, is subject to a sentence of
intermediate punishment or has supervision transferred under
the Interstate Compact for Adult Supervision in accordance
with section 9799.62(e) (relating to other notification). The
individual shall register for the period of time under
section 9799.55, except that the period required in section
9799.55 shall be tolled for any period of time the individual
is recommitted for a parole violation or sentenced to a term
of imprisonment.
* * *
§ 9799.55. REGISTRATION.
* * *
(D) RESIDENTS IN GROUP-BASED HOMES.--
* * *
(4) AS USED IN THIS SUBSECTION, THE TERM "GROUP-BASED
HOME" HAS THE MEANING GIVEN TO IT IN 61 PA.C.S. § [6124(C)]
5007(C) (RELATING TO CERTAIN OFFENDERS RESIDING IN GROUP-
BASED HOMES).
§ 9799.56. Registration procedures and applicability.
(a) Registration.--
* * *
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(4) This paragraph shall apply to all offenders and
sexually violent predators:
(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania [Board of
Probation and] Parole Board or the court or is sentenced
to probation or intermediate punishment, probation with
restrictions or is placed in the State drug treatment
program, the board or county office of probation and
parole shall collect registration information from the
offender or sexually violent predator and forward that
registration information to the Pennsylvania State
Police. The Department of Corrections or county
correctional facility shall not release the offender or
sexually violent predator until it receives verification
from the Pennsylvania State Police that the Pennsylvania
State Police have received the registration information.
Verification by the Pennsylvania State Police may occur
by electronic means, including e-mail or facsimile
transmission. Where the offender or sexually violent
predator is scheduled to be released from a State or
county correctional facility because of the expiration of
the maximum term of incarceration, the Department of
Corrections or county correctional facility shall collect
the information from the offender or sexually violent
predator no later than 10 days prior to the maximum
expiration date. The registration information shall be
forwarded to the Pennsylvania State Police.
* * *
§ 9799.58. Assessments.
* * *
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(c) Release of information.--All State, county and local
agencies, offices or entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing access
to records and information as requested by the board in
connection with the court-ordered assessment and the assessment
requested by the Pennsylvania [Board of Probation and] Parole
Board or the assessment of a delinquent child under section 6358
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board).
* * *
(e) Hearing.--
* * *
(4) A copy of the order containing the determination of
the court shall be immediately submitted to the individual,
the district attorney, the Pennsylvania [Board of Probation
and] Parole Board, the Department of Corrections, the board
and the Pennsylvania State Police.
* * *
(g) Parole assessment.--The Pennsylvania [Board of Probation
and] Parole Board may request of the board an assessment of an
offender or sexually violent predator be conducted and provide a
report to the Pennsylvania [Board of Probation and] Parole Board
prior to considering an offender or sexually violent predator
for parole.
* * *
§ 9799.64. Administration.
The Governor shall direct the Pennsylvania State Police, the
Pennsylvania [Board of Probation and] Parole Board, the [State
Sexual Offenders Assessment Board] board, the Department of
Corrections, the Department of Transportation and any other
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agency of this Commonwealth the Governor deems necessary to
collaboratively design, develop and implement an integrated and
secure system of communication, storage and retrieval of
information to assure the timely, accurate and efficient
administration of this subchapter.
§ 9799.65. Global positioning system technology.
The Pennsylvania [Board of Probation and] Parole Board, the
Department of Corrections and county probation authorities may
impose supervision conditions that include offender tracking
through global positioning system technology.
§ 9799.66. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
(6) The Pennsylvania [Board of Probation and] Parole
Board and its agents and employees.
* * *
§ 9799.67. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
* * *
(2) In consultation with the Department of Corrections,
the Office of Attorney General[, the Pennsylvania Board of
Probation and Parole] and the chairperson and the minority
chairperson of the Judiciary Committee of the Senate and the
chairperson and the minority chairperson of the Judiciary
Committee of the House of Representatives, promulgate
guidelines necessary for the general administration of this
subchapter. These guidelines shall establish procedures to
allow an individual subject to the requirements of sections
9799.55 (relating to registration) and 9799.60 (relating to
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verification of residence) to fulfill these requirements at
approved registration sites throughout this Commonwealth.
This paragraph includes the duty to establish procedures to
allow an individual who has a residence as defined in
paragraph (2) of the definition of "residence" in section
9799.53 (relating to definitions) to fulfill the requirements
regarding registration at approved registration sites
throughout this Commonwealth. The Pennsylvania State Police
shall publish a list of approved registration sites in the
Pennsylvania Bulletin and provide a list of approved
registration sites in any notices sent to individuals
required to register under section 9799.55. An approved
registration site shall be capable of submitting
fingerprints, photographs and other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in the form as the Pennsylvania State
Police shall require. The Pennsylvania State Police shall
require that approved registration sites submit photographs
utilizing the Commonwealth Photo Imaging Network or in
another manner and in the form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites specified in this paragraph.
* * *
(5) In consultation with the Department of Education and
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the [Pennsylvania Board of Probation and Parole,] Department
of Corrections, promulgate guidelines directing licensed day-
care centers, licensed preschool programs, schools,
universities and colleges, including community colleges, on
the proper use and administration of information received
under section 9799.62 (relating to other notification).
(6) Immediately transfer the information received from
the [Pennsylvania Board of Probation and Parole] Department
of Corrections under section 9799.68(2) and (3) (relating to
duties of [Pennsylvania Board of Probation and Parole]
Department of Corrections) and the fingerprints of a sexually
violent predator to the Federal Bureau of Investigation.
* * *
§ 9799.68. Duties of [Pennsylvania Board of Probation and
Parole] Department of Corrections.
The [Pennsylvania Board of Probation and Parole] Department
of Corrections shall:
(1) Create a notification form which will inform State
and county prison and probation and parole personnel how to
inform offenders and sexually violent predators required to
register under this subchapter of their duty under the law.
(2) In cooperation with [the Department of Corrections
and] other Commonwealth agencies, obtain the following
information regarding offenders and sexually violent
predators:
(i) Name, including aliases.
(ii) Identifying factors.
(iii) Anticipated future residence.
(iv) Offense history.
(v) Documentation of treatment received for the
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mental abnormality or personality disorder.
(vi) Photograph of the offender or sexually violent
predator.
(3) Immediately transmit the information in paragraph
(2) to the Pennsylvania State Police for immediate entry into
the State registry of offenders and sexually violent
predators and the criminal history record of the individual
as provided in 18 Pa.C.S. Ch. 91 (relating to criminal
history record information).
(4) Apply for Federal funding as provided in the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law
109-248, 120 Stat. 587) to support and enhance programming
using satellite global positioning system technology.
§ 9799.69. Board.
* * *
(e) Staff.--[Support staff for the board shall be provided
by the Pennsylvania Board of Probation and Parole.] The board
shall employ an executive director and other staff as necessary
to carry out the board's duties under this chapter. The
executive director shall direct the operations, management and
administration of the board and organize and oversee the work of
the staff. Legal counsel for the board shall be provided in
accordance with the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act. Upon request by the
board, the Department of Corrections shall make available
facilities, administrative support and other assistance to the
board.
§ 9799.72. Annual performance audit.
(a) Duties of Attorney General.--The Attorney General shall:
(1) Conduct a performance audit annually to determine
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compliance with the requirements of this subchapter and
guidelines promulgated under this subchapter. The audit
shall, at a minimum, include a review of the practices,
procedures and records of the Pennsylvania State Police, [the
Pennsylvania Board of Probation and Parole,] the Department
of Corrections, the [State Sexual Offenders Assessment Board]
board, the Administrative Office of Pennsylvania Courts and
any other State or local agency the Attorney General deems
necessary in order to conduct a thorough and accurate
performance audit.
(2) Prepare an annual report of its findings and actions
it recommends be taken by the Pennsylvania State Police, [the
Pennsylvania Board of Probation and Parole,] the Department
of Corrections, the [State Sexual Offenders Assessment Board]
board, the Administrative Office of Pennsylvania Courts,
other State or local agencies and the General Assembly to
ensure compliance with this subchapter. The first report
shall be released to the general public ELECTRONICALLY ON THE
ATTORNEY GENERAL'S PUBLICLY ACCESSIBLE INTERNET WEBSITE not
less than 18 months after February 21, 2018.
(3) Provide a copy of its report to the Pennsylvania
State Police, [the Pennsylvania Board of Probation and
Parole,] the Department of Corrections, the [State Sexual
Offenders Assessment Board] board, the Administrative Office
of Pennsylvania Courts, State or local agencies referenced
therein, the chairperson and the minority chairperson of the
Judiciary Committee of the Senate and the chairperson and the
minority chairperson of the Judiciary Committee of the House
of Representatives no less than 30 days prior to the report's
release to the general public.
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(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State Police,
[the Pennsylvania Board of Probation and Parole,] the Department
of Corrections, the [State Sexual Offenders Assessment Board]
board, the Administrative Office of Pennsylvania Courts, the
Pennsylvania Commission on Sentencing and any other State or
local agency requested to do so shall fully cooperate with the
Attorney General and assist the office in satisfying the
requirements of this section. For purposes of this subsection,
full cooperation shall include, at a minimum, complete access to
unredacted records, files, reports and data systems.
§ 9912. Supervisory relationship to offenders.
* * *
(e.1) Status of seized items.--
* * *
(10) The [Pennsylvania Board of Probation and Parole]
Department of Corrections may enact regulations that are
necessary to implement this subsection on a uniform basis
throughout this Commonwealth. If regulations are promulgated,
a county adult probation and parole department must comply
with the regulations.
* * *
Section 7. The definition of "board" in section 102 of Title
61 is amended and the section is amended by adding definitions
to read:
§ 102. Definitions.
The following words and phrases when used in this title shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
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Board.
* * *
"Offender." An individual that has been convicted or found
guilty of a criminal offense by a judge or jury or an individual
that pleads guilty or nolo contendere to a criminal offense at
any time in a court of record or before a magisterial district
justice under section 6138(a)(1.1) (relating to violation of
terms of parole).
"Parole violator center." An area within the secure
perimeter or on the grounds of a State correctional institution
or any contracted facility or contracted county jail that has
been designated to house offenders detained or recommitted by
the board for a technical parole violation.
* * *
Section 8. Title 61 is amended by adding a section to read:
§ 1106. Powers of peace officers.
A chief administrator, deputy superintendent or corrections
officer of a State correctional facility may exercise the powers
of a peace officer in the performance of that individual ' s
duties generally in:
(1) Guarding, protecting and delivering inmates.
(2) Protecting the property and interests of the
department.
(3) Capturing and returning inmates that may have
escaped . WITHIN THE IMMEDIATE AREA OF A STATE CORRECTIONAL
FACILITY OR MODE OF TRANSPORT. FOR THE PURPOSES OF THIS
SECTION, THE IMMEDIATE AREA OF A STATE CORRECTIONAL FACILITY
OR MODE OF TRANSPORT SHALL ENCOMPASS THE CURTILAGE UP TO AND
INCLUDING ONE-HALF OF ONE MILE.
Section 9. Sections 5001, 5002, 5003, 5004, 5005 and 5006 of
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Title 61 are amended to read:
§ 5001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania [Board of Probation and] Parole
Board.
"Chairman." The chairman of the Pennsylvania [Board of
Probation and] Parole Board.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
this chapter.
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) houses offenders pursuant to a contract with the
department; and
(2) is operated in accordance with this chapter.
§ 5002. Department.
The department may do all of the following:
(1) Establish community corrections centers at locations
throughout this Commonwealth approved by the Governor.
(2) Enter into contracts with private vendors to operate
community corrections facilities.
(3) Establish parole violator centers.
§ 5003. Offenders who may be housed.
The following offenders may be housed in community
corrections centers, parole violator centers and community
corrections facilities:
(1) [A parolee under the jurisdiction of] An offender
paroled by the board who is in good standing [with the board]
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as defined in section 6101 (relating to definitions).
(2) [A parolee in accordance with the following] An
offender paroled by the board who:
(i) Except as provided in subparagraph (ii), [a
parolee under the jurisdiction of the board who] is
detained or awaiting a hearing or who has been
recommitted for a technical violation of the conditions
of [parole established by the board] supervision if the
[parolee] offender is eligible to be housed in a
community corrections center, parole violator center or
community corrections facility under section 6138
(relating to violation of terms of parole).
(ii) Subparagraph (i) shall not apply to [a parolee
under the jurisdiction of the board] an offender paroled
by the board who is detained pending resolution of
criminal charges as a convicted violator under section
6138(a) (relating to violation of terms of parole) or
awaiting a hearing or who has been recommitted. [for a
technical violation of the conditions of parole
established by the board as a result of the commission of
a new crime of which the parolee is convicted or found
guilty by a judge or jury or to which the parolee pleads
guilty or nolo contendere in a court of record.]
(3) An offender who is serving the community-based
portion of a [sentence of State intermediate punishment]
placement in a State drug treatment program may be housed in
a community corrections center or a community corrections
facility.
(4) An offender who has been granted clemency by the
Governor may be housed in a community corrections center or a
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community corrections facility.
§ 5004. Authority of Commonwealth employees.
Commonwealth employees of community corrections centers and
parole violator centers and other Commonwealth employees[,
while] present in community corrections facilities[,] have the
authority to do all of the following:
(1) In order to maintain security and to enforce the
rules of the community corrections center, parole violator
center or community corrections facility:
(i) search the person and property of an offender
residing in the community corrections center, parole
violator center or community corrections facility;
(ii) seize property from an offender residing in the
community corrections center, parole violator center or
community corrections facility; and
(iii) if necessary, use reasonable force against an
offender residing in the community corrections center or
community corrections facility.
(2) Detain, by using reasonable force if necessary, an
offender residing in the community corrections center, parole
violator center or community corrections facility [in order]
to maintain control of the offender pending the arrival of a
department parole agent, police officer or other appropriate
law enforcement officer.
§ 5005. Authority of chairman.
The chairman has the following authority:
[(1) Designate community corrections centers or
community corrections facilities where parolees are to be
housed.
(2) Determine whether parolees are to be housed in a
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secured or unsecured portion of a community corrections
center or community corrections facility.]
(3) Determine, jointly with the [Secretary of the
Department of Corrections] secretary, using evidence-based
practices designed to reduce the likelihood of recidivism and
improve public safety, the appropriate treatment and
programming for [parolees] offenders paroled by the board who
are housed at community corrections centers, parole violator
centers and community corrections facilities.
(4) Audit, jointly with the secretary, the performance
of treatment and services provided by community corrections
centers, parole violator centers and community corrections
facilities.
§ 5006. Escape.
An [individual committed to] offender detained or recommitted
to a community corrections center, parole violator center or a
community corrections facility as a result of a parole violation
shall be deemed to be in official detention under 18 Pa.C.S. §
5121 (relating to escape). An offender living in a community
corrections center or community corrections facility while in
good standing on parole shall not be deemed to be in official
detention under 18 Pa.C.S. § 5121.
Section 10. Title 61 is amended by adding sections to read:
§ 5007. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
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committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based-home provider under
subsection (a) may conduct a public hearing concerning the
group-based-home provider, its site and its operations.
(2) ALL HEARINGS SHALL BE CONDUCTED IN COMPLIANCE WITH
65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS). A governing
body conducting a public hearing under this subsection shall
provide public notice of ANNOUNCE the hearing via posting on
its official publicly accessible Internet website no less
than two weeks prior to the hearing. The notice ANNOUNCEMENT
shall provide information regarding the purpose, location ,
DATE and time of the public hearing and a contact number for
interested persons to call in order to obtain additional
information about the hearing. Nothing in this paragraph
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shall be construed to prohibit the governing body from
providing public notice via any other means.
(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
(c) 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:
"Group-based home." A nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
§ 5008. Reporting.
The department shall ensure that any crime committed within a
community corrections center or community corrections facility
is immediately reported to the appropriate law enforcement
agency with jurisdiction over the community corrections center
or community corrections facility.
Section 11. The heading of Part IV of Title 61 is amended to
read:
PART IV
[PROBATION AND PAROLE] DEPARTMENT OF CORRECTIONS
Section 12. Section 6101 of Title 61, amended December 18,
2019 (P.L.776, No.115), is amended to read:
§ 6101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Agent." A State parole agent appointed by the department.
"Board." The Pennsylvania Parole Board.
"Community corrections center." A residential program that
is supervised and operated by the department in accordance with
Chapter 50 (relating to community corrections centers and
community corrections facilities).
"Community corrections facility." A residential facility
operated by a private contractor that:
(1) provides housing to offenders pursuant to a contract
with the department; and
(2) is operated in accordance with Chapter 50.
"Conditions of supervision." Any terms or conditions of the
offender's supervision, whether imposed by the court, the
department or an agent, or promulgated by the board as a
regulation, including compliance with all requirements of
Federal, State and local law.
"Contraband." Any item that the offender is not permitted to
possess under the conditions of supervision, including any item
whose possession is forbidden by any Federal, State or local
law.
"Court." A court of common pleas or any judge thereof, the
Philadelphia municipal court or any judge thereof, the
Pittsburgh magistrates court or any judge thereof or any
magisterial district judge.
"Crime of violence." The term shall have the same meaning
given to it under 42 Pa.C.S. § 9714(g) (relating to sentences
for second and subsequent offenses).
"Evidence-based practices." Interventions and treatment
approaches that have been proven effective through appropriate
empirical analysis.
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"Exigent circumstances." The term includes, but is not
limited to, suspicion that contraband or other evidence of
violations of the conditions of supervision might be destroyed
or suspicion that a weapon might be used. Exigent circumstances
always exist with respect to a vehicle.
"In good standing." An offender who is on parole or reparole
shall be considered in good standing if the offender:
(1) is in compliance with all conditions of supervision;
(2) has not been arrested for or charged with a crime
other than one from which he has been paroled or one for
which he has served the sentence imposed and otherwise
complied with all the sanctions imposed other than the
payment of money;
(3) is not subject to an order of protection from abuse;
and
(4) is in compliance with all legal requirements
applicable to the offender, including, but not limited to,
maintaining registration in any applicable sex offender
registry.
"Personal injury crime." The term shall have the meaning
given to it under section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act.
"Real property." Any residence or business property of a
department-supervised offender, including all portions of the
property to which the department-supervised offender has access.
"Supervisor." Any individual acting in a supervisory or
administrative capacity.
"Victim." The term shall have the meaning given to it under
section 103 of the Crime Victims Act. The term shall also
include a member of the victim's family or the victim's
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representative if the victim is incapable of communicating or
has died.
Section 13. Section 6102 of Title 61 is amended to read:
§ 6102. Operation of parole system generally.
The parole system shall operate consistently with the
following provisions:
(1) The parole system provides several benefits to the
criminal justice system, including the provision of adequate
supervision of the offender while protecting the public, the
opportunity for the offender to become a useful member of
society and the diversion of appropriate offenders from
prison.
(2) In providing these benefits to the criminal justice
system, the board, the department and any other paroling
entity shall first and foremost seek to protect the safety of
the public.
(3) In addition to this goal, the board, the department
and any other paroling entity shall address input by crime
victims, assist in the fair administration of justice by
ensuring the custody, control and treatment of paroled
offenders, shall consider any applicable guidelines
established by the commission and shall ensure that parole
proceedings, release and recommitment are administered in an
efficient and timely manner.
Section 14. Section 6111(a) of Title 61, amended December
18, 2019 (P.L.776, No.115), is amended to read:
§ 6111. Pennsylvania Parole Board.
(a) Establishment.--The Pennsylvania Parole Board is [an
independent administrative board for the administration of the
parole laws of this Commonwealth.] established as an independent
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administrative board for the purpose of granting and revoking
paroles to certain offenders within this Commonwealth. The board
shall function independently of the department regarding all of
the board's decision-making functions, as well as any other
powers and duties specified in this title.
* * *
Section 15. Sections 6112, 6113, 6116 and 6118 of Title 61
are amended to read:
§ 6112. Board chairperson.
(a) Designation by Governor.--The Governor shall, from time
to time, as the occasion may arise, designate one of the members
of the board to be its chairperson who shall:
(1) Direct the operations, management and administration
of the board and fulfill the functions established by this
chapter.
[(2) Secure the effective application of the probation
system in all of the courts of this Commonwealth and the
enforcement of the probation laws.]
(3) Preside at all meetings of the board.
(4) Perform all the duties and functions of chairperson,
including organizing, staffing, controlling, directing and
administering the work of the [staff] board.
(5) Administer the proceedings of the board to ensure
efficient and timely procedures for parole board decisions,
[parole releases,] discharges and recommitments.
(b) Alternate chairperson.--The board may designate one of
its members to act as alternate chairperson during the absence
or incapacity of the chairperson, and, when so acting, the
member so designated shall have and perform all the powers and
duties of chairperson of the board but shall not receive any
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additional compensation for acting as chairperson.
§ 6113. Board action.
(a) Quorum.--
(1) A majority of the board shall constitute a quorum
for transacting business and, except as otherwise provided in
this chapter and Chapter 45 (relating to recidivism risk
reduction incentive), a majority vote of those present at any
meeting shall be sufficient for any official action taken by
the board. One or more members of the board may attend and
participate in any meeting via videoconferencing or similar
virtual presence technology.
(2) Except as provided in subsections (b), (c), (d) and
(e) [and], Chapter 45 and section 6137.1 (relating to short
sentence parole), no person shall be paroled or discharged
from parole or have his parole revoked, except by a majority
of the entire membership of the board.
(b) Panel decisions.--The board may make decisions on
parole, reparole, return or revocation in panels of two persons.
A panel shall consist of one board member and one hearing
examiner or of two board members. Panels shall be appointed by
the chairperson or the chairperson's designee. A panel may act
without meeting. A panel may meet and take action via
videoconferencing or similar virtual presence technology, with
the exception of in-person testimony under section 502 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act.
(c) Disagreement within panel.--
(1) If there is disagreement on a decision to parole
between the members of a panel, the matter shall be decided
by a board member appointed by the chairperson or the
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chairperson's designee, who shall concur with one of the
original panel members.
(2) If there is disagreement on a revocation decision
between the members of the panel, the matter shall be decided
by three board members appointed by the chairperson or the
chairperson's designee; at least two of these members must
not have been on the disagreeing panel, if practicable.
(d) Appeal.--
(1) An interested party may appeal a revocation decision
within 30 days of the board's order. The decision shall be
reviewed by three board members appointed by the chairperson
or the chairperson's designee.
(2) If practicable, at least two of the board members
reviewing the decision must not have been on the panel whose
decision is being appealed. The three board members deciding
the appeal may affirm, reverse or remand the decision of the
panel or may order the matter be heard de novo.
(e) Decision without review.--Subject to the provisions of
section 6137(g) (relating to parole power), the board or its
designee may issue a decision to parole an eligible offender as
defined under section 4503 (relating to definitions) without
further review by the board.
(f) Decision accountability.--The board shall develop, adopt
and periodically update as deemed necessary, a parole decisional
instrument that is tested prior to implementation, which
incorporates evidence-based practices to assist and inform the
board's professional judgment in the parole decision-making
process.
§ 6116. Meetings.
(a) General rule.--As soon as may be convenient after their
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appointment, the members of the board shall meet and organize.
(b) Appointment of secretary of board.--The members of the
board shall appoint a secretary, who shall:
(1) [Shall not] Not be a member of the board.
(2) [Shall hold] Hold office at the pleasure of the
board.
(3) [Shall have such powers] Maintain a record of the
proceedings of the board and perform such duties not
inconsistent with any law of this Commonwealth as the board
shall prescribe.
(4) [Shall receive] Receive such compensation as the
board shall determine in conformity with the rules of the
Executive Board.
(c) Temporary secretary of board.--In the absence or
incapacity of the secretary to act, the board may designate such
other person as it may choose to perform temporarily the duties
of the secretary of the board.
(d) Counsel.--Legal counsel for the board shall be appointed
in accordance with the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
(e) Hearing examiners.-- The board may appoint a sufficient
number of individuals to conduct hearings as required or
authorized by this title.
§ 6118. Offices.
[(a) Principal office.--The principal office of the board]
The department shall [be in Harrisburg, and] provide offices for
the board. The board shall appoint and employ such number and
character of officers, agents, clerks, stenographers and
employees as may be necessary to carry out the purposes of this
chapter. The salaries of persons so appointed and employed by
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the board shall be fixed by the board.
[(b) District offices.--The board, with the approval of the
Governor, shall divide the Commonwealth for administrative
purposes into a suitable number of districts, not to exceed ten,
in each of which shall be a district office which shall have
immediate charge of the supervision of cases of probation and
parole arising in the courts of the judicial districts embraced
within its territorial limits, but, as occasion may require, the
supervision of particular parolees may be transferred by the
board to other appropriate parole districts.
(c) Location of district offices.--
(1) The board shall fix and determine the location of
the various district offices within their respective
districts, having regard to local conditions in each district
and to the most convenient and efficient functioning of the
office established in each district.
(2) At each of the locations so fixed and determined,
the board shall provide such office accommodations,
furniture, equipment and supplies as may be reasonably
suitable and adequate for the proper handling and dispatch of
the parole business of the district.
(3) The board may enter into contracts on behalf of the
Commonwealth for such office accommodations, furniture,
equipment and supplies through the Department of General
Services.
(d) Consideration for fixing compensation.--In fixing
compensation for its officers, clerks and employees under the
provisions of this chapter, the board shall have regard to the
kind, grade or class of service to be rendered, and, whenever
any standard compensation has been fixed by the Executive Board
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for any kind, grade or class of service or employment, the
compensation of all persons appointed or employed by the board
in the same kind, grade or class shall be fixed by it in
accordance with such standard.]
Section 16. Sections 6119, 6120, 6121 and 6124 of Title 61
are repealed:
[§ 6119. District directors.
(a) Establishment.--Each district parole office shall have a
district director who:
(1) Shall be appointed by the board, with the approval
of the Governor.
(2) Shall receive such annual salary as the board shall
determine in conformity with the rules of the Executive
Board.
(b) Status and role.--The district director shall be the
executive head of the district office to which the district
supervisor is appointed and shall have the control, management
and direction of all employees of the board assigned to the
district, subject to the supervision of the board.
§ 6120. District office employees.
(a) Board to appoint.--The board shall appoint in the
various district offices a sufficient number of parole officers,
clerks, stenographers and other agents and employees to fully
and efficiently administer the parole laws of this Commonwealth,
but no employee of the board, other than its secretary and
district supervisors, shall be appointed by the board except in
the manner provided by this chapter.
(b) Salaries and qualifications.--The salaries of the
appointees in subsection (a) shall be fixed by the board. The
board shall from time to time by appropriate rule or regulation
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prescribe the qualifications to be possessed by its personnel.
The qualifications shall be such as will best promote the
efficient operation of probation and parole.
§ 6121. Disciplinary action.
(a) General rule.--Except as otherwise provided in
subsection (b), an employee of the board, excluding the
secretary and district supervisors, may be removed, discharged
or reduced in pay or position only for cause and after being
given the reasons therefore in writing and afforded an
opportunity to be heard in answer thereto.
(b) Exception.--An employee may be suspended without pay and
without hearing for a period not exceeding 30 days, but the
reason or reasons for the suspension must be given to the
employee by the board in writing.
(c) Successive suspensions.--There shall not be any
successive suspensions of the same employee under this section.
§ 6124. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the
sixth, seventh or eighth class that agrees to provide housing
to an individual knowing that the individual has been
previously convicted of an offense under 18 Pa.C.S. § 2502
(relating to murder) or a substantially similar offense
committed in another jurisdiction shall notify the head of
the governing body of the municipality and the county in
which the group-based home is located that the individual is
staying at the group-based home.
(2) The notification required under paragraph (1) shall
be sent by certified mail within 48 hours of the individual's
arrival at the group-based home and shall include the
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following information:
(i) Name of the individual, including all known
aliases.
(ii) Date of the individual's arrival at the group-
based home.
(iii) The individual's expected length of stay at
the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county
receiving notification from a group-based home provider under
subsection (a) may conduct a public hearing concerning the
group-based home provider, its site and its operations.
(2) A governing body conducting a public hearing under
this subsection shall provide public notice of the hearing
via posting on its official Internet website no less than two
weeks prior to the hearing. The notice shall provide
information regarding the purpose, location and time of the
public hearing and a contact number for interested persons to
call in order to obtain additional information about the
hearing. Nothing in this paragraph shall be construed to
prohibit the governing body from providing public notice via
any other means.
(3) At a public hearing under this subsection, the
group-based home provider shall explain the operation of the
group-based home and the governing body conducting the
hearing shall permit public questions and comments.
(c) Definition.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Group-based home." Any nonprofit or for-profit entity that
maintains a facility that provides housing to individuals on
probation or parole or other individuals previously convicted of
crimes. The term shall not include a correctional institution or
a facility maintained by a domestic violence program.
"Official Internet website." The official Internet location
designated by a municipality or county as its primary method of
electronically communicating with the public about its official
business.]
Section 17. Section 6131 of Title 61, amended December 18,
2019 (P.L.776, No.115), is amended to read:
§ 6131. General powers of board.
(a) General rule.--The board shall have the power and its
duty shall be:
[(1) To supervise and make presentence investigations
and reports as provided by law.]
(2) To collect and maintain copies of all presentence
investigations and reports.
[(3) To collect and maintain a record of all persons who
are placed on parole.
(6) To adopt regulations establishing specific
composition, functions and responsibilities for citizens
advisory committees and to receive reports, recommendations
or other input concerning parole policies and parole-related
concerns from the committees on a regular basis.
(7) To adopt regulations establishing criteria for board
acceptance of cases for supervision and presentence
investigations from counties that on December 31, 1985,
maintained adult probation offices and parole systems.
(8) To enter into contracts for purchasing community
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services to assist parolees and to supplement existing
programs.
(9) To pay the cost of preparole drug screening tests
for inmates within the parole release jurisdiction of the
board, who are confined in a State or local correctional
facility, as required under section 6137 (relating to parole
power).
(10) To enter into contracts which provide for the
continuous electronic monitoring of parolees.
(11) To establish and provide for intensive supervision
units and day reporting centers for the supervision of
parolees.]
(12) To provide information as required under former 42
Pa.C.S. § 2153(a)(14) (relating to powers and duties) as
requested by the commission.
(13) To incorporate evidence-based practices into parole
decision making[, supervision and the supervision of
technical violators].
[(14) To coordinate the reentry of offenders into the
community using evidence-based practices that are effective
in reducing recidivism.]
(15) To conduct research to identify, to be informed of
and to [apply] recommend recognized evidence-based parole
practices that promote public safety and reduce recidivism.
(16) To conduct outcome and performance analyses on
implemented board programs and practices to enhance public
safety through reduced recidivism.
(b) Court-appointed probation officers to submit information
to [board] department.--A court that appoints a probation
officer shall require the probation officer to submit to the
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[board] department such information as the [board] department
may require on forms prescribed and furnished by the [board]
department.
(c) Access to county records.--The department and the board