PRINTER'S NO. 586
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
573
Session of
2023
INTRODUCED BY CAPPELLETTI, SCHWANK, FONTANA, KEARNEY,
SANTARSIERO, COMITTA, HUGHES, COSTA, BARTOLOTTA, COLLETT,
KANE, STREET AND SAVAL, APRIL 17, 2023
REFERRED TO JUDICIARY, APRIL 17, 2023
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in sentencing, providing for alternative sentencing
for primary caretakers and further providing for contents of
presentence report; and, in medical services, establishing
the Maternity Medical Services Program; and making editorial
changes.
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 a section to read:
§ 9722.1. Alternative sentencing for primary caretakers.
(a) Sentencing.--Notwithstanding any other provision of law
and except as otherwise provided under this section, immediately
after the conviction of a person for a nonviolent offense and
before sentencing, the court shall determine if the person
convicted is a primary caretaker of a dependent child. If the
court determines that the person convicted of a nonviolent
offense is a primary caretaker of a dependent child, the court
shall impose an individually assessed sentence without
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confinement in a prison, work camp, halfway facility or similar
institution and based on community rehabilitation with a focus
on parent-child unity and support.
(b) Conditions.--In imposing a sentence on a primary
caretaker of a dependent child convicted of a nonviolent
offense, the court shall require the person to participate in a
program that meets certain conditions that the court considers
appropriate, including any of the following:
(1) Drug and alcohol treatment.
(2) Domestic violence education and prevention.
(3) Physical and sexual abuse counseling.
(4) Mental health treatment and counseling.
(5) Vocational and educational services.
(6) Job training and placement education.
(7) Affordable and safe housing assistance education.
(8) Financial literacy.
(9) Evidence-based parenting skills classes.
(10) Family and individual counseling.
(11) Family case management services.
(c) Appearance.--The court may require a primary caretaker
of a dependent child serving a sentence under this section to
appear in court at regularly scheduled intervals and otherwise
at any time as the court determines necessary during the
person's sentence for the following purposes:
(1) Evaluating the person's progress in treatment or
rehabilitation.
(2) Determining if the person has violated a condition
of the sentence.
(d) Modification.--During an appearance in court under
subsection (c), the court may do any of the following:
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(1) Modify the conditions of a sentence imposed in
accordance with this section.
(2) Decrease the duration of a sentence imposed under
this section based on the person's successful advancement .
(3) Sanction the person for a violation of a condition
of the sentence imposed under this section, including
requiring the person to serve a term of imprisonment within
the range of the sentence for a person who is not a primary
caretaker of a dependent child as specified under the laws of
this Commonwealth.
(e) 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:
"Dependent child." A person who is under 18 years of age and
unemancipated.
"Nonviolent offense." An offense which is not a crime of
violence as defined in section 9714(g) (relating to sente nces
for second and subsequent offenses).
"Primary caretaker of a dependent child." As follows:
(1) Any of the following:
(i) A parent who has consistently assumed
responsibility for the housing, health and safety of a
child prior to incarceration.
(ii) A woman who is pregnant or has given birth to a
child after or while awaiting her sentencing hearing and
expresses a willingness to the court to assume
responsibility for the housing, health and safety of her
child.
(2) A parent who, in the best interest of the child, has
arranged for the temporary care of the child in the home of a
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relative or other responsible adult shall not, for that
reason, be excluded from this definition.
Section 2. Section 9732 of Title 42 is amended to read:
§ 9732. Contents of presentence report.
The presentence report shall include a summary of the
circumstances attending the commission of the crime, the history
of delinquency or criminality, physical and mental condition,
family situation and background, including whether the defendant
is pregnant or the primary caretaker of a dependent child,
economic status, education, occupation and personal habits of
the defendant, any history of drug or alcohol abuse or addiction
and any other matters that the person preparing the report deems
relevant or that the court directs be included.
Section 3. Chapter 33 of Title 61 is amended by adding a
subchapter heading immediately preceding section 3301 to read:
SUBCHAPTER A
MEDICAL SERVICES ACT
Section 4. Sections 3301, 3302 introductory paragraph and
3303(a) and (g) of Title 61 are amended to read:
§ 3301. Short title of [chapter] subchapter.
This [chapter] subchapter shall be known and may be cited as
the Correctional Institution Medical Services Act.
§ 3302. Definitions.
The following words and phrases when used in this [chapter]
subchapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
* * *
§ 3303. Medical Services Program.
(a) Establishment.--The Medical Services Program is
established in the department which shall include, but not be
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limited to, the provisions of this [chapter] subchapter. The
program shall be a copay program requiring inmates to pay a fee
to cover a portion of the actual costs of the medical services
provided.
* * *
(g) Deposits.--Medical services fees collected under this
[chapter] subchapter shall be deposited in the General Fund.
Section 5. Chapter 33 of Title 61 is amended by adding a
subchapter to read:
SUBCHAPTER B
MATERNITY MEDICAL SERVICES ACT
Sec.
3321. Short title of subchapter.
3322. Definitions.
3323. Maternity Medical Services Program.
3324. Powers and duties of department.
3325. Report to General Assembly.
§ 3321. Short title of subchapter.
This subchapter shall be known and may be cited as the
Correctional Institution Maternity Medical Services Act.
§ 3322. 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:
"Eligible inmate." A woman who was convicted of a nonviolent
offense and who has been committed to the custody of the
department and who is pregnant or who has given birth to a
child.
"Nonviolent offense." An offense which is not a crime of
violence as defined in 42 Pa.C.S. § 9714(g) (relating to
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sentences for second and subsequent offenses).
"Program." The Maternity Medical Services Program
established for eligible inmates under section 3323(a) (relating
to Maternity Medical Services Program).
§ 3323. Maternity Medical Services Program.
(a) Establishment.--T he Maternity Medical Services Program
is established in the department. The department shall, by
regulation, administer the program to provide maternity medical
services and postpartum care for women who are pregnant or who
have given birth to a child while in the custody of the
department. The program shall include, but not be limited to,
the provisions of this subchapter.
(b) Administration.--The program shall be a copay program
requiring eligible inmates to pay a fee to cover a portion of
the actual costs of the medical services provided under the
program in accordance with Subchapter A (relating to Medical
Services Act). The department may not deny eligibility for the
program due to the inability of an eligible inmate to pay the
fee required under this subsection. The department shall also
utilize other funding methods, including private insurance or
funding available from the Federal Government or the
Commonwealth, for reimbursement of the medical services provided
under the program and associated labor, delivery and postpartum
care for the period specified under subsection (c).
(c) Program requirements.--
(1) The program shall provide medical services to the
following:
(i) An eligible inmate for a period of not more than
eight months during the eligible inmate's pregnancy prior
to a child's birth.
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(ii) An eligible inmate who has given birth to a
child for a period of not less than 12 consecutive months
or for the remainder of the term of incarceration,
whichever is less.
(2) The program shall place an eligible inmate who has
given birth to a child in a community corrections center or
community corrections facility with the child for the period
specified under paragraph (1)(ii). The community corrections
center or community corrections facility shall provide
adequate housing and accommodations to the eligible inmate
and the child, including access to pediatric care and other
appropriate medical services.
(3) The program shall include community-based
programming for an eligible inmate, including postpartum care
programming for the purpose of promoting mother-child
bonding, in addition to other conditions required by the
court under 42 Pa.C.S. § 9722.1(b) (relating to a lternative
sentencing for primary caretakers). The community-based
programming shall also include the following:
(i) E vidence-based parenting skills programming.
(ii) Vocational training, employment-seeking skills
and employment at a paid position.
(iii) Educational programming.
(iv) Drug and alcohol dependency treatment.
(v) Mental health treatment services.
§ 3324. Powers and duties of department.
(a) Implementation.--The department shall implement the
program by:
(1) Issuing regulations as required under section
3323(a) (relating to Maternity Medical Services Program).
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(2) Providing department staff and medical services
providers with training relating to the program.
(3) Developing administrative forms for the
implementation of the program.
(4) Providing for administrative and accounting
procedures for the program and an annual audit of the
program.
(5) Providing written notice to all current inmates
regarding implementation of the program.
(b) Explanation of program.--Each inmate shall be advised of
the medical services fees and payment procedures at the time of
intake. An explanation of the program regulations shall be
included in the inmate handbook.
(c) Written notice of changes.--Each inmate shall receive
written notice of any changes in medical services fees and
payment procedures and an initial written notice of the
program's implementation.
(d) Payment for medical services.--
(1) No eligible inmate shall be denied access to medical
services under the program because of an inability to pay the
required fees under section 3323(b).
(2) The department shall devise and implement a program
whereby inmates of State correctional institutions who have
medical insurance shall pay for their own maternal medical
needs through that insurance. This program shall be contained
in regulations promulgated by the department.
§ 3325. Report to General Assembly.
The department shall submit to the chair and minority chair
of the Appropriations Committee of the Senate, the chair and
minority chair of the Appropriations Committee of the House of
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Representatives, the chair and minority chair of the Judiciary
Committee of the Senate and the chair and minority chair of the
Judiciary Committee of the House of Representatives an annual
report on the program established by this subchapter. The report
may recommend legislative changes for the program and propose
model legislation for counties which may wish to develop similar
programs.
Section 6. This act shall take effect in 60 days.
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