PRINTER'S NO. 196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
227
Session of
2021
INTRODUCED BY HUGHES, FONTANA, TARTAGLIONE, BREWSTER, SCHWANK,
COSTA AND COMITTA, FEBRUARY 11, 2021
REFERRED TO JUDICIARY, FEBRUARY 11, 2021
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in State drug treatment program,
further providing for findings and purpose, for definitions,
for selection for the State drug treatment program, for State
drug treatment program, for written guidelines and
regulations, for evaluation and for construction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4102 of Title 61 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4102. Findings and purpose.
The General Assembly finds as follows:
(1) Many crimes are committed by persons who, because of
their addiction to drugs [or], alcohol or gambling, are
unable to maintain gainful employment.
(2) These persons often commit crimes as a means of
obtaining the funds necessary to purchase drugs or alcohol or
for gambling.
(3) Many persons commit crimes while under the influence
of drugs or alcohol even though they are not addicted to such
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substances in a clinical sense.
(4) Punishing persons who commit crimes is an important
aspect of recognizing the harm that criminals visit upon
their victims.
(5) Many people who commit crimes will be able to become
law-abiding, contributing members of society if they are able
to obtain treatment for their drug [or], alcohol or gambling
addiction or abuse.
(6) The purpose of this chapter is to create a program
that punishes persons who commit crimes, but also provides
treatment that offers the opportunity for those persons to
address their drug [or], alcohol or gambling addiction or
abuse and thereby reduce the incidents of recidivism and
enhance public safety.
Section 2. The definitions of "defendant," "drug offender
treatment program," "eligible person," "expulsion,"
"individualized drug offender treatment plan," "institutional
therapeutic community" and "transitional residence" in section
4103 of Title 61, amended December 18, 2019 (P.L.776, No.115),
are amended and the section is amended by adding definitions 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:
"Addicted offender treatment program." An individualized
treatment program established by the Department of Corrections
consisting primarily of drug and alcohol or gambling addiction
treatment that satisfies the terms and conditions listed in
section 4105 (relating to addicted offender treatment program).
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* * *
"Defendant." An individual charged with:
(1) a drug-related offense, including an individual
convicted of violating section 13(a)(14), (30) or (37) of the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, where
the sentence was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)
(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to drug
trafficking sentencing and penalties)[.]; or
(2) a gambling-related offense.
* * *
["Drug offender treatment program." An individualized
treatment program established by the Department of Corrections
consisting primarily of drug and alcohol addiction treatment
that satisfies the terms and conditions listed in section 4105
(relating to drug offender treatment program).]
* * *
"Eligible 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 or gambling-related offense who:
(i) Has undergone an assessment performed by the
Department of Corrections, which assessment has concluded
that the person is in need of drug and alcohol or
gambling addiction treatment and would benefit from
commitment to [the State drug] an addicted offender
treatment program and that placement in [the State drug]
an addicted offender treatment program would be
appropriate.
(ii) Does not demonstrate a history of present or
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past violent behavior.
(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.
(iv) Provides written consent permitting release of
information pertaining to the person's participation in
[the State drug] an addicted offender treatment program.
(2) The term shall not include a 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 person who has
been convicted or adjudicated delinquent of any crime 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 person with a current conviction or a
prior conviction within the past ten years for 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.
"Expulsion." The permanent removal of a participant from [a
drug] an addicted offender treatment program.
"Gambling-related offense." A criminal offense for which a
defendant is convicted and that the court determines was
motivated by the defendant's addiction to gambling.
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* * *
["Individualized drug offender treatment plan." An
individualized addiction treatment plan within the framework of
the drug offender treatment program.]
"Individualized addicted offender treatment plan." An
individualized addiction treatment plan within the framework of
the addicted offender treatment program.
"Institutional therapeutic community." A residential [drug]
addicted offender treatment program in a State correctional
institution, accredited as a therapeutic community for treatment
of drug and alcohol abuse and addiction or gambling addiction by
the American Correctional Association or other nationally
recognized accreditation organization for therapeutic community
drug and alcohol or gambling addiction treatment.
* * *
"Transitional residence." A residence investigated and
approved by the Department of Corrections as appropriate for
housing a participant in [a drug] an addicted offender treatment
program.
Section 3. Sections 4104 heading, (a)(1), (b) and (c) and
4105 heading, (a), (b) introductory paragraph, (1)(i) and (5),
(c)(2), (e) and (f) of Title 61, amended December 18, 2019
(P.L.776, No.115), are amended to read:
§ 4104. Selection for [the State drug] addicted offender
treatment program.
(a) 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]
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addicted offender treatment program. The sentencing judge
shall employ the sentencing guidelines to identify persons
who are eligible for participation in the [State drug]
addicted offender 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] addicted
offender 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] addicted offender 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]
addicted offender treatment program).
* * *
(b) Assessment of addiction.--The department shall conduct
an assessment of the addiction and other treatment needs of an
eligible person and determine whether the person would benefit
from the [State drug] addicted offender treatment program,
public safety would be enhanced by the person's participation in
the [State drug] addicted offender treatment program, and
placement of the person in the [State drug] addicted offender
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 population by a
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recognized expert in such matters. The assessment instrument
shall be administered by persons skilled in the treatment of
drug and alcohol or gambling 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 or gambling counseling services.
(c) Placement in [the State drug] addicted offender
treatment program.--If the department in its discretion believes
an eligible person would benefit from the [State drug] addicted
offender treatment program and placement in the program is
appropriate, the department shall make the placement and notify
the court, the eligible person, the commission and the attorney
for the Commonwealth of the placement.
* * *
§ 4105. [State drug] Addicted offender treatment program.
(a) Establishment.--The department shall establish and
administer the [State drug] addicted offender treatment program.
The program shall be designed to address the individually
assessed drug [and] or alcohol or gambling abuse and addiction
needs of a participant and shall address other issues essential
to the participant's successful reintegration into the
community, including, but not limited to, educational and
employment issues.
(b) Duration and components.--Notwithstanding any credit to
which the defendant may be entitled under 42 Pa.C.S. § 9760
(relating to credit for time served), the duration of the [State
drug] addicted offender treatment program is 24 months, 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
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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 eligible person is
being evaluated by the department under section 4104(b)
(relating to selection for [the State drug] addicted
offender treatment program).
* * *
(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] addicted offender
treatment program shall be deemed to have been served.
(c) Program management.--
* * *
(2) This subsection shall be construed to provide the
department with the maximum flexibility to administer the
[State drug] addicted offender treatment program both as a
whole and for individual participants.
* * *
(e) Notice to court of completion of program.--When the
department determines that a participant has successfully
completed the [State drug] addicted offender treatment program,
it shall notify the sentencing court, the attorney for the
Commonwealth and the commission.
(f) Expulsion from program.--
(1) A participant may be expelled from the [State drug]
addicted offender treatment program at any time in accordance
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with guidelines established by the department, including
failure to comply with administrative or disciplinary
procedures or requirements set forth by the department. An
expelled participant shall be housed in a State correctional
institution to serve the remainder of the participant's
sentence. The expelled participant shall be eligible for
parole at the minimum sentence but may not be eligible for
short sentence parole under section 6137.1 (relating to short
sentence parole).
(1.1) A police officer commissioned under section 1 of
the act of May 21, 1943 (P.L.469, No.210), entitled "An act
providing for commissioning as police officers certain
employes of institutions maintained in whole or in part by
the Commonwealth; conferring upon them the powers of
constables in certain cases; and imposing duties on wardens
and keepers of jails, police stations and lock-ups," shall
have the authority to issue a warrant for the return of a
participant who is not in compliance with the terms of the
[drug] addicted offender treatment program to the custody of
the department.
(2) The department shall promptly notify the court, the
participant, the attorney for the Commonwealth and the
commission of the expulsion of a participant from the [State
drug] addicted offender treatment program and the reason for
such expulsion.
Section 4. Section 4106 of Title 61 is amended to read:
§ 4106. Written guidelines and regulations.
The department shall develop written guidelines for
participant selection criteria and the establishment of [drug]
addicted offender treatment program selection committees within
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each diagnostic and classification center of the department and
shall address suspensions and expulsions from the drug offender
treatment program. The guidelines shall not be subject to the
act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, and shall be effective for a period of two years
upon publication in the Pennsylvania Bulletin. The guidelines
shall be replaced by regulations promulgated by the department
consistent with the Regulatory Review Act within the two-year
period during which the guidelines are effective. The
regulations shall include a requirement that community-based
therapeutic communities utilized in the [drug] addicted offender
treatment program be accredited as a therapeutic community for
treatment of drug and alcohol or gambling abuse and addiction by
the Commission on Accreditation of Rehabilitation Facilities or
other nationally recognized accreditation organization for
community-based therapeutic communities for drug and alcohol or
gambling addiction treatment.
Section 5. Section 4107 of Title 61, amended December 18,
2019 (P.L.776, No.115), is amended to read:
§ 4107. Evaluation.
(b) Evaluation and report to General Assembly.--The
department shall monitor and evaluate the [State drug] addicted
offender treatment program to ensure that the programmatic
objectives are met. Every three years, the department shall
present a report of its evaluation to the Judiciary Committee of
the Senate and the Judiciary Committee of the House of
Representatives no later than February 1. The report shall
include:
(1) The number of persons evaluated for the [State drug]
addicted offender treatment program.
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(2) The number of persons placed into the [State drug]
addicted offender treatment program.
(3) The number of persons sentenced to a State
correctional institution who may have been eligible for the
[State drug] addicted offender treatment program.
(4) The number of persons successfully completing the
[State drug] addicted offender treatment program.
(5) The six-month, one-year, three-year and five-year
recidivism rates for persons who have completed the [State
drug] addicted offender treatment program and for a
comparison group of persons who were not placed in the [State
drug] addicted offender treatment program.
(6) Any changes the department believes will make the
[State drug] addicted offender treatment program more
effective.
Section 6. Section 4108 of Title 61 is amended to read:
§ 4108. Construction.
Notwithstanding any other provision of law to the contrary,
this chapter shall not be construed to:
(1) Confer any legal right upon any individual,
including an individual participating in the [drug] addicted
offender treatment program, to:
(i) participate in [a drug] an addicted offender
treatment program;
(ii) continue participation in [a drug] an addicted
offender treatment program;
(iii) modify the contents of the [drug] addicted
offender treatment program; or
(iv) file any cause of action in any court
challenging the department's determination that a
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participant is to be suspended or expelled from or that a
participant has successfully completed or failed to
successfully complete treatment to be provided during any
portion of [a drug] an addicted offender treatment
program.
(2) Enlarge or limit the right of a participant to
appeal the participant's sentence.
Section 7. This act shall take effect in six months.
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