PRINTER'S NO. 1240
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
958
Session of
2021
INTRODUCED BY STREET, KEARNEY, SANTARSIERO, CAPPELLETTI, COSTA,
KANE, SAVAL AND HAYWOOD, NOVEMBER 22, 2021
REFERRED TO JUDICIARY, NOVEMBER 22, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, providing for cash bail prohibited, for
conditions of release and for collection and report of
pretrial release data; in sentencing, further providing for
modification or revocation of order of probation; and
abrogating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5703. Cash bail prohibited.
Notwithstanding this title or any other provision of law, a
defendant's release may not be conditioned upon the deposit of
any amount of cash or upon the compliance with a monetary
condition.
§ 5704. Conditions of release.
(a) Pretrial release.--Notwithstanding any other provision
of law, a court, magistrate or judicial official shall order the
pretrial release of a defendant, unless the Commonwealth moves
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for the defendant's pretrial detention and the court, magistrate
or judicial officer finds, by clear and convincing evidence,
that the defendant committed the felony offense as charged by
the Commonwealth and the defendant poses an imminent risk of
serious harm to an individual or the community and that no
condition or combination of conditions of release can mitigate
that serious risk of harm.
(b) Nonmonetary conditions.--The court, magistrate or
judicial officer may impose one or more nonmonetary conditions
of release when the condition or combination of conditions is
necessary to reasonably assure the defendant's appearance in
court or safety to an individual or the community.
(c) Contest of court order.--If the court orders the
defendant's pretrial detention or the defendant is unable to
meet the nonmonetary conditions of release ordered by the court,
the defendant shall have the right to contest the order at a
detention review hearing. The detention review hearing shall be
held within 48 hours of the detention order or imposition of
unmet conditions of release.
(d) Rights of defendant.--At any pretrial hearing which may
result in the loss of or infringement upon the defendant's
liberty, the defendant shall be entitled to the following:
(1) The right to be present during the pretrial hearing.
(2) The right to be represented by counsel. If the
defendant cannot afford an attorney and qualifies for
representation by a public defender in a criminal case, the
court shall appoint counsel.
(3) The right to confront and cross-examine witnesses.
(4) The right to present evidence.
(5) The right to an expedited appeal of an order
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resulting in pretrial detention.
§ 5705. Collection and report of pretrial release data.
(a) General rule.--Each county shall collect and annually
publish data disaggregated by race, gender and ethnicity
relating to the pretrial detention and release of defendants,
including the following:
(1) The number of detention-eligible defendants.
(2) The number of defendants for whom the Commonwealth
sought detention at the first hearing for which a detention
decision was made.
(3) The number of defendants ordered to be detained at
the first hearing for which a detention decision was made.
(4) The number of defendants for whom a detention review
hearing was scheduled.
(5) The number of defendants for whom the Commonwealth
sought detention at the detention review hearing.
(6) The number of defendants for whom pretrial detention
was ordered at the detention review hearing.
(7) The percentage of detention-eligible defendants who
remain detained from arrest until the resolution of their
case.
(8) The average number of days defendants ordered to
pretrial detention remain in custody from arrest to the
resolution of their case.
(b) Publication.--A county shall publish the data collected
under subsection (a) on the county's publicly accessible
Internet website.
Section 2. Section 9771 of Title 42 is amended by adding a
subsection to read:
§ 9771. Modification or revocation of order of probation.
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* * *
(b.1) Limitation on revocation of probation.--A court may
not revoke an order of probation due to the failure of a
defendant to pay electronic monitoring fees.
* * *
Section 3. The regulations of 234 Pa. Code Ch. 5 Pt. C(1)
are abrogated insofar as they are inconsistent with the addition
of 42 Pa.C.S. §§ 5703, 5704 and 5705.
Section 4. This act shall take effect in 60 days.
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