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                                                      PRINTER'S NO. 2394

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 4 Session of 2007


        INTRODUCED BY D. O'BRIEN, MARSICO, MANDERINO, BAKER, BASTIAN,
           BENNINGHOFF, BRENNAN, CAPPELLI, CLYMER, DALLY, DENLINGER,
           EVERETT, FABRIZIO, FAIRCHILD, GIBBONS, HALUSKA, HARHAI,
           HARPER, HERSHEY, HICKERNELL, KENNEY, KIRKLAND, KOTIK, KULA,
           MAHONEY, MANN, McGEEHAN, O'NEILL, RAPP, ROHRER, SABATINA,
           SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, SONNEY, STAIRS,
           THOMAS, TRUE, WANSACZ, WATSON AND YUDICHAK, AUGUST 21, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 21, 2007

                                     AN ACT

     1  Amending Titles 42 (Judiciary and Judicial Procedure) and 44
     2     (Law and Justice) of the Pennsylvania Consolidated Statutes,
     3     providing for definitions of "board" and "department";
     4     further providing for composition of the Pennsylvania
     5     Commission on Sentencing and for powers and duties; providing
     6     for adoption of guidelines for resentencing, adoption of
     7     guidelines for parole and adoption of recommitment ranges
     8     following revocation of parole by the Pennsylvania Board of
     9     Probation and Parole; further providing for publication of
    10     guidelines, for sentencing generally, for sentence of total
    11     confinement, for sentencing proceeding and place of
    12     confinement, for information required upon commitment and
    13     subsequent disposition and for referral to State intermediate
    14     punishment program; and providing for recidivism risk
    15     reduction incentive.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 2151.1 of Title 42 of the Pennsylvania
    19  Consolidated Statutes is amended by adding definitions to read:
    20  § 2151.1.  Definitions.
    21     The following words and phrases when used in this subchapter
    22  shall have the meanings given to them in this section unless the

     1  context clearly indicates otherwise:
     2     "Board."  The Pennsylvania Board of Probation and Parole.
     3     * * *
     4     "Department."  The Department of Corrections of the
     5  Commonwealth.
     6     Section 2.  Section 2152 of Title 42 is amended by adding a
     7  subsection to read:
     8  § 2152.  Composition of commission.
     9     * * *
    10     (a.1)  Ex officio members.--The Secretary of Corrections and
    11  the chairman of the board, during their tenure in their
    12  respective positions, shall serve as ex officio nonvoting
    13  members of the commission.
    14     * * *
    15     Section 3.  Section 2153(a)(7), (9), (10), (11), (12), (13)
    16  and (14) of Title 42 are amended to read:
    17  § 2153.  Powers and duties.
    18     (a)  General rule.--The commission, pursuant to rules and
    19  regulations, shall have the power to:
    20         * * *
    21         (7)  Establish a research and development program within
    22     the commission for the purpose of:
    23             (i)  Serving as a clearinghouse and information
    24         center for the collection, preparation and dissemination
    25         of appropriate information on Commonwealth sentencing,
    26         resentencing and parole practices.
    27             (ii)  Assisting and serving in a consulting capacity
    28         to the board, State courts, departments and agencies in
    29         the development, maintenance and coordination of sound
    30         sentencing [practices], resentencing and parole
    20070H0004B2394                  - 2 -     

     1         practices.
     2         * * *
     3         (9)  Publish data concerning the sentencing and parole
     4     processes.
     5         (10)  Collect systematically and disseminate information
     6     concerning parole dispositions and sentences actually
     7     imposed.
     8         (11)  Collect systematically and disseminate information
     9     regarding effectiveness of parole dispositions and sentences
    10     imposed.
    11         (12)  Make recommendations to the General Assembly
    12     concerning modification or enactment of sentencing, parole
    13     and correctional statutes which the commission finds to be
    14     necessary and advisable to carry out an effective, humane and
    15     rational sentencing, resentencing and parole policy.
    16         (13)  Establish a plan and timetable to collect and
    17     disseminate information relating to incapacitation,
    18     recidivism, deterrence and overall effectiveness of sentences
    19     and parole dispositions imposed.
    20         (14)  Establish a program to systematically monitor
    21     compliance with the guidelines and with mandatory sentencing
    22     laws by:
    23             (i)  Promulgating forms which document the
    24         application of [the] sentencing, resentencing and parole
    25         guidelines or mandatory sentencing laws, or both.
    26             (ii)  Requiring the timely completion and submission
    27         of such forms to the commission.
    28     * * *
    29     Section 4.  Title 42 is amended by adding sections to read:
    30  § 2154.3.  Adoption of guidelines for resentencing.
    20070H0004B2394                  - 3 -     

     1     The commission shall adopt guidelines that shall be
     2  considered by the court when resentencing an offender following
     3  revocation of probation, county intermediate punishment or State
     4  intermediate punishment. The guidelines shall take into account
     5  factors considered in adopting the sentencing guidelines, the
     6  seriousness of the violation and the rehabilitative needs of the
     7  defendant.
     8  § 2154.4.  Adoption of guidelines for parole.
     9     (a)  Adoption.--The commission shall adopt guidelines that
    10  shall be considered by the board and any other paroling entity
    11  when exercising its power to parole and reparole all persons
    12  sentenced by any court in this Commonwealth to imprisonment in
    13  any State or county penitentiary, prison or penal institution.
    14  The guidelines shall do all of the following:
    15         (1)  Give primary consideration to the protection of the
    16     public and to victim safety.
    17         (2)  Provide for due consideration of victim input.
    18         (3)  Be designed to encourage inmates and parolees to
    19     conduct themselves in accordance with conditions and rules of
    20     conduct set forth by the department or other prison
    21     facilities and the board.
    22         (4)  Be designed to encourage inmates and parolees to
    23     participate in programs that have been demonstrated to be
    24     effective in reducing recidivism, including appropriate drug
    25     and alcohol treatment programs.
    26         (5)  Provide for prioritization of incarceration,
    27     rehabilitation and other criminal justice resources for
    28     offenders posing the greatest risk to public safety.
    29         (6)  Use validated risk assessment tools, be evidence
    30     based and take into account available research relating to
    20070H0004B2394                  - 4 -     

     1     the risk of recidivism, minimizing the threat posed to public
     2     safety and factors maximizing the success of reentry.
     3     (b)  Discretionary authority.--Notwithstanding any other
     4  provision of law, this section shall not remove the
     5  discretionary parole authority of the board and any other
     6  paroling entity when exercising its power to parole and
     7  reparole.
     8  § 2154.5.  Adoption of recommitment ranges following revocation
     9             of parole by board.
    10     (a)  Recommitment ranges.--The commission shall adopt
    11  recommitment ranges that shall be considered by the board when
    12  exercising its power to reparole, commit and recommit for
    13  violations of parole any person sentenced by a court in this
    14  Commonwealth to imprisonment in any prison or penal institution
    15  of this Commonwealth, including State or county penitentiaries,
    16  prisons or penal institutions. The recommitment ranges shall
    17  take into account the seriousness of the initial conviction
    18  offense, the level of seriousness of the violation and the
    19  rehabilitative needs of the defendant. At the end of the
    20  recommittal period, the parole violator shall be reviewed for
    21  parole or reparoled without further review.
    22     (b)  Deviation.--In every case in which the board deviates
    23  from the recommitment ranges, the board shall provide
    24  contemporaneous written reasons, consistent with board
    25  procedure, for the deviation from the recommitment ranges.
    26     (c)  Definitions.--As used in this section, the following
    27  words and phrases shall have the meanings given to them in this
    28  subsection:
    29     "Recommitment range."  A range of time within which a parole
    30  violator may be recommitted to serve an additional part of the
    20070H0004B2394                  - 5 -     

     1  term the parole violator would have been compelled to serve had
     2  the parole violator not been paroled.
     3     Section 5.  Sections 2155 and 9721(b) of Title 42 are amended
     4  to read:
     5  § 2155.  Publication of guidelines for sentencing[.],
     6             resentencing and recommitment ranges following
     7             revocation.
     8     (a)  General rule.--The commission shall:
     9         (1)  Prior to adoption, publish in the Pennsylvania
    10     Bulletin all proposed sentencing guidelines, resentencing
    11     guidelines following revocation of probation, county
    12     intermediate punishment and State intermediate punishment and
    13     recommitment ranges following revocation by the board of
    14     paroles granted, and hold public hearings not earlier than 30
    15     days and not later than 60 days thereafter to afford an
    16     opportunity for the following persons and organizations to
    17     testify:
    18             (i)  Pennsylvania District Attorneys Association.
    19             (ii)  Chiefs of Police Associations.
    20             (iii)  Fraternal Order of Police.
    21             (iv)  Public Defenders Organization.
    22             (v)  Law school faculty members.
    23             (vi)  State Board of Probation and Parole.
    24             (vii)  [Bureau of Correction] Department of
    25         Corrections.
    26             (viii)  Pennsylvania Bar Association.
    27             (ix)  Pennsylvania Wardens Association.
    28             (x)  Pennsylvania Association on Probation, Parole
    29         and Corrections.
    30             (xi)  Pennsylvania Conference of State Trial Judges.
    20070H0004B2394                  - 6 -     

     1             (xii)  Any other interested person or organization.
     2         (2)  Publish in the Pennsylvania Bulletin sentencing
     3     guidelines as adopted by the commission.
     4     (b)  Rejection by General Assembly.--Subject to gubernatorial
     5  review pursuant to section 9 of Article III of the Constitution
     6  of Pennsylvania, the General Assembly may by concurrent
     7  resolution reject in their entirety any guidelines or
     8  recommitment ranges adopted by the commission within 90 days of
     9  their publication in the Pennsylvania Bulletin pursuant to
    10  subsection (a)(2).
    11     (c)  Effective date.--Sentencing guidelines, resentencing
    12  guidelines following revocation of probation, county
    13  intermediate punishment and State intermediate punishment and
    14  recommitment ranges following revocation by the board of paroles
    15  granted, adopted by the commission shall become effective 90
    16  days after publication in the Pennsylvania Bulletin pursuant to
    17  subsection (a)(2) unless disapproved pursuant to subsection (b)
    18  and shall apply to sentences and resentences and parole
    19  decisions made after the effective date of the guidelines. If
    20  not disapproved, the commissioners shall conduct training and
    21  orientation for trial court judges and board members prior to
    22  the effective date of the guidelines.
    23  § 9721.  Sentencing generally.
    24     * * *
    25     (b)  General standards.--In selecting from the alternatives
    26  set forth in subsection (a) the court shall follow the general
    27  principle that the sentence imposed should call for confinement
    28  that is consistent with the protection of the public, the
    29  gravity of the offense as it relates to the impact on the life
    30  of the victim and on the community, and the rehabilitative needs
    20070H0004B2394                  - 7 -     

     1  of the defendant. The court shall also consider any guidelines
     2  for sentencing, resentencing and recommitment adopted by the
     3  Pennsylvania Commission on Sentencing and taking effect
     4  [pursuant to] under section 2155 (relating to publication of
     5  guidelines for sentencing, resentencing and recommitment ranges
     6  following revocation). In every case in which the court imposes
     7  a sentence for a felony or misdemeanor, the court shall make as
     8  a part of the record, and disclose in open court at the time of
     9  sentencing, a statement of the reason or reasons for the
    10  sentence imposed. In every case where the court imposes a
    11  sentence, resentence or recommitment outside the sentencing
    12  guidelines adopted by the Pennsylvania Commission on Sentencing
    13  [pursuant to section] under sections 2154 (relating to adoption
    14  of guidelines for sentencing), 2154.1 (relating to adoption of
    15  guidelines for county intermediate punishment), 2154.3 (relating
    16  to adoption of guidelines for resentencing) and 2154.4 (relating
    17  to adoption of guidelines for parole) and made effective
    18  [pursuant to] under section 2155, the court shall provide a
    19  contemporaneous written statement of the reason or reasons for
    20  the deviation from the guidelines. Failure to comply shall be
    21  grounds for vacating the sentence and resentencing the
    22  defendant.
    23     * * *
    24     Section 6.  Section 9756 of Title 42 is amended by adding a
    25  subsection to read:
    26  § 9756.  Sentence of total confinement.
    27     * * *
    28     (b.1)  Recidivism risk reduction incentive minimum
    29  sentence.--The court shall determine if the defendant is
    30  eligible for a recidivism risk reduction incentive minimum
    20070H0004B2394                  - 8 -     

     1  sentence under 44 Pa.C.S. Ch. 53 (relating to recidivism risk
     2  reduction incentive). If the defendant is eligible, the court
     3  shall impose a recidivism risk reduction incentive minimum
     4  sentence in addition to a minimum sentence and maximum sentence.
     5     * * *
     6     Section 7.  Section 9762 of Title 42 is amended to read:
     7  § 9762.  Sentencing proceeding; place of confinement.
     8     [All persons sentenced to total or partial confinement for:
     9         (1)  maximum terms of five or more years shall be
    10     committed to the Bureau of Correction for confinement;
    11         (2)  maximum terms of two years or more but less than
    12     five years may be committed to the Bureau of Correction for
    13     confinement or may be committed to a county prison within the
    14     jurisdiction of the court;
    15         (3)  maximum terms of less than two years shall be
    16     committed to a county prison within the jurisdiction of the
    17     court except that as facilities become available on dates and
    18     in areas designated by the Governor in proclamations
    19     declaring the availability of State correctional facilities,
    20     such persons may be committed to the Bureau of Correction for
    21     confinement.] (a)  Sentences or terms of incarceration
    22     imposed before a certain date.--For the three-year period
    23     beginning on the effective date of this subsection, all
    24     persons sentenced to total or partial confinement for the
    25     following terms shall be committed as follows:
    26         (1)  Maximum terms of five or more years shall be
    27     committed to the Department of Corrections for confinement.
    28         (2)  Maximum terms of two years or more but less than
    29     five years may be committed to the Department of Corrections
    30     for confinement or may be committed to a county prison within
    20070H0004B2394                  - 9 -     

     1     the jurisdiction of the court.
     2         (3)  Maximum terms of less than two years shall be
     3     committed to a county prison within the jurisdiction of the
     4     court.
     5     (b)  Sentences or terms of incarceration imposed after a
     6  certain date.--Beginning three years after the effective date of
     7  this subsection, all persons sentenced to total or partial
     8  confinement for the following terms shall be committed as
     9  follows:
    10         (1)  Maximum terms of five or more years shall be
    11     committed to the Department of Corrections for confinement.
    12         (2)  Maximum terms of two years or more but less than
    13     five years shall be committed to the Department of
    14     Corrections for confinement, except upon a finding of all of
    15     the following:
    16             (i)  The chief administrator of the county prison, or
    17         the administrator's designee, has certified that the
    18         county prison is available for the commitment of persons
    19         sentenced to maximum terms of two or more years but less
    20         than five years.
    21             (ii)  The attorney for the Commonwealth has consented
    22         to the confinement of the person in the county prison.
    23             (iii)  The sentencing court has approved the
    24         confinement of the person in the county prison within the
    25         jurisdiction of the court.
    26         (3)  Maximum terms of less than two years shall be
    27     committed to a county prison within the jurisdiction of the
    28     court.
    29     (c)  Certification.--The chief administrator of the county
    30  prison, or the administrator's designee, may issue a
    20070H0004B2394                 - 10 -     

     1  certification under subsection (b)(2)(i) if the county prison
     2  population is less than 110% of the rated capacity of the county
     3  prison. The chief administrator shall revoke any previously
     4  issued certification if the prison population exceed 110% of the
     5  rated capacity. The president judge of the court, the district
     6  attorney and the chief public defender of the county shall be
     7  served with a written copy of any certification or revocation.
     8     (d)  County restrictive intermediate punishment.--Nothing in
     9  this section shall prevent a judge from sentencing an offender
    10  to county punishment which does not require confinement within
    11  county prison if otherwise authorized by law.
    12     (e)  Reimbursement.--Beginning three years after the
    13  effective date of this subsection:
    14         (1)  The Department of Corrections shall reimburse to the
    15     counties the reasonable cost of confinement of persons
    16     committed to a county prison who are participating in an
    17     approved work release program. The reimbursement per prisoner
    18     shall not exceed the average per-prisoner cost of confinement
    19     paid by the Commonwealth for the confinement of prisoners in
    20     the Department of Corrections. No more than $2,500,000 shall
    21     be expended annually for this purpose. Reimbursement shall be
    22     made on a pro rata basis if the total dollar amount of
    23     eligible confinement costs exceeds $2,500,000.
    24         (2)  County prisons may require reimbursements from other
    25     county prisons or the Department of Corrections for inmates
    26     voluntarily accepted for incarceration at mutually agreeable
    27     rates. The Department of Corrections shall maintain a list of
    28     those counties willing to accept voluntary placement of out-
    29     of-county inmates.
    30     (f)  Aggregation.--For purposes of this section, the
    20070H0004B2394                 - 11 -     

     1  sentences or terms of incarceration shall mean the entire
     2  continuous term of incarceration to which a person is subject,
     3  notwithstanding whether the sentence is the result of any of the
     4  following:
     5         (1)  One or more sentences.
     6         (2)  Sentences imposed for violations of probation or
     7     intermediate punishment.
     8         (3)  Sentences to be served upon recommitment for
     9     violations of parole.
    10         (4)  Any other manner of sentence.
    11     (g)  Date of imposition.--For purposes of this section, if a
    12  person is subject to multiple sentences or terms of
    13  incarceration or any combination of sentences or terms, the date
    14  of the last sentence imposed or the date of recommitment,
    15  whichever is later, shall determine the place of incarceration
    16  and whether reimbursement is required.
    17     (h)  Transfer of prisoners.--Nothing in this section shall
    18  prohibit the transfer of prisoners otherwise authorized by law
    19  or prevent a judge from changing the place of confinement
    20  between State and county facilities to the extent that the judge
    21  would have such discretion at the time of imposition of sentence
    22  or recommitment.
    23     Section 8.  Section 9764 of Title 42, amended December 1,
    24  2004 (P.L.778, No.233), is amended to read:
    25  § 9764.  Information required upon commitment and subsequent
    26             disposition.
    27     (a)  General rule.--Upon commitment of an [offender] inmate
    28  to the custody of the Department of Corrections, the sheriff or
    29  transporting official shall provide to the institution's records
    30  officer or duty officer, in addition to the court commitment
    20070H0004B2394                 - 12 -     

     1  order, the following information:
     2         (1)  Record of adjustment in the county correctional
     3     facility, including, but not limited to, misconducts and
     4     escape history.
     5         (2)  Any current medical or psychological condition
     6     requiring treatment, including, but not limited to, suicide
     7     attempts.
     8         (3)  [Any medical admission testing performed by the
     9     county and the results of those tests, including, but not
    10     limited to, hepatitis, HIV/AIDS, tuberculosis or other
    11     infectious disease testing. Any release of medical
    12     information relating to HIV/AIDS shall be in accordance with
    13     the act of November 29, 1990 (P.L.585, No.148), known as the
    14     Confidentiality of HIV-Related Information Act.] All medical
    15     records of the county correctional institution relating to
    16     the inmate to the extent that those records may be disclosed
    17     under Federal and State law. The records shall include
    18     admission testing performed by the county and the results of
    19     those tests and any testing related to hepatitis, HIV/AIDS,
    20     tuberculosis or other infectious disease testing.
    21         (4)  Notice of current or previously administered
    22     medications.
    23         (5)  A 48-hour supply of current medications.
    24         (6)  A written statement by the county correctional
    25     institution relating to any sentencing credit to which the
    26     inmate may be entitled.
    27         (7)  A written statement by the county correctional
    28     institution setting forth all of the following:
    29             (i)  The dates on which the inmate was incarcerated.
    30             (ii)  The charges pending against the inmate with the
    20070H0004B2394                 - 13 -     

     1         offense tracking number.
     2             (iii)  The date on which the inmate was released on
     3         bail, if any, and a copy of the bail order.
     4         (8)  Information provided to the county correctional
     5     institution by the court under subsection (b).
     6     (b)  Additional information.--Within ten days from the date
     7  sentence is imposed, the court shall provide to the county
     8  correctional facility the following information pertaining to
     9  the [offender] inmate:
    10         (1)  A copy of the presentence investigation report.
    11     Where a presentence investigation report was not ordered by
    12     the court, the official version of the crime for which the
    13     [offender] inmate was convicted or a copy of the guilty plea
    14     transcript or preliminary hearing transcript.
    15         (2)  The criminal complaint or affidavit of probable
    16     cause accompanying the arrest warrant.
    17         [(3)  Where available, the police report summarizing the
    18     facts of the crime.]
    19         (4)  A copy of the completed guideline sentence form
    20     [issued by the Pennsylvania Commission on Sentencing].
    21         (5)  All of the following:
    22             (i)  A written, sealed sentencing order from the
    23         county.
    24             (ii)  The sentencing colloquy sealed by the court.
    25             (iii)  Court commitment orders.
    26             (iv)  The completed Department of Correction's Court
    27         Commitment State or County Correctional Institution Form
    28         (DC 300B).
    29             (v)  Any detainers filed against the inmate of which
    30         the county has notice.
    20070H0004B2394                 - 14 -     

     1     (c)  [Transfer of offender.--Where an offender is transferred
     2  from a county correctional facility to a State correctional
     3  facility for any reason, the information specified in subsection
     4  (b) shall be transmitted to the State correctional facility
     5  within 20 calendar days from the date on which the offender is
     6  transferred.] Transmittal of additional inmate documentation.--
     7  If a document provided by the court under subsection (b) is
     8  received by the county correctional institution after the inmate
     9  is transferred to the custody of the Department of Corrections,
    10  the document shall be transmitted to the Department of
    11  Corrections within 20 calendar days of its receipt.
    12     (c.1)  Implementation.--
    13         (1)  The Department of Corrections may refuse to accept
    14     custody of an inmate for whom the sheriff or transporting
    15     official does not provide the information under subsection
    16     (a) under the following circumstances:
    17             (i)  The county correctional facility has a pattern
    18         or practice of not providing the information mandated
    19         under this section.
    20             (ii)  The Department of Corrections has previously
    21         notified the chief administrator of the county
    22         correctional facility, the county commissioners, the
    23         county sheriff and the president judge of the county of
    24         the specific deficiencies that constitute a pattern or
    25         practice.
    26             (iii)  The Department of Corrections has provided the
    27         county with a reasonable period of time to provide the
    28         documentation.
    29             (iv)  The Department of Corrections has notified the
    30         officials designated under subparagraph (ii) of the
    20070H0004B2394                 - 15 -     

     1         intent to refuse to accept inmates without documentation
     2         as of a specified date that shall be no sooner than 30
     3         days after the service of the notification.
     4         (2)  In cases of a refusal to accept custody of an inmate
     5     under this subsection, the sheriff or transporting official
     6     shall return the inmate to the sending county correctional
     7     institution, which shall accept custody of the inmate. The
     8     inmate may be recommitted to the custody of the Department of
     9     Corrections upon provision of the documentation required
    10     under subsection (a).
    11     (c.2)  Electronic transfer of information.--The county or
    12  other government officials required to provide documentation
    13  under this section may provide the documentation in electronic
    14  form. The Department of Corrections may establish guidelines
    15  relating to the type of electronic documentation that will be
    16  accepted. The Department of Correction's electronic
    17  documentation requirements shall reasonably accommodate the
    18  county practices and seek to reduce the requirement of paper
    19  transfers. The Department of Corrections, in its discretion, may
    20  require actual sealed court orders to the extent that they
    21  relate to the commitment, term of sentence, or other matter that
    22  may affect the fact or duration of confinement. This subsection
    23  shall not be construed to require the county to develop new
    24  information systems or data collection instruments.
    25     (d)  Transfer to county facility.--Upon transfer of an inmate
    26  from a State correctional institution to a county correctional
    27  facility, the Department of Corrections shall provide to the
    28  county facility, unless the facility prior to the time of
    29  transfer agrees to accept the inmate without the information,
    30  the record of the inmate's institutional adjustment, including,
    20070H0004B2394                 - 16 -     

     1  but not limited to, misconducts and/or escape history, and
     2  written notice of any current medical or psychological condition
     3  requiring treatment, including, but not limited to, suicide
     4  attempts, notice of current or previously ordered medication and
     5  a 48-hour supply of current medication.
     6     (e)  Release by Department of Corrections.--Prior to the
     7  release of an inmate from the Department of Corrections to State
     8  parole supervision, the Department of Corrections shall provide
     9  to the Board of Probation and Parole the information contained
    10  in subsections (a)(1) and (2) and (b).
    11     (f)  Release from county correctional facility to State
    12  probation or parole.--
    13         (1)  Prior to the release of an inmate from a county
    14     correctional facility to State probation or parole
    15     supervision, the facility shall provide to the Board of
    16     Probation and Parole the information contained in subsections
    17     (a)(1) through (4) and (b).
    18         (2)  Prior to the release of an inmate from a county
    19     correctional facility to State probation or parole
    20     supervision, the facility shall provide to the inmate his
    21     current medications as prescribed and any customary and
    22     necessary medical supplies as determined by the prescribing
    23     physician.
    24     (g)  Release from county correctional facility to county
    25  probation or parole.--
    26         (1)  Prior to the release of an inmate from a county
    27     correctional facility to county probation or parole
    28     supervision, the facility shall provide to the county
    29     probation department the information contained in subsections
    30     (a)(1) through (4) and (b).
    20070H0004B2394                 - 17 -     

     1         (2)  Prior to the release of an inmate from a county
     2     correctional facility to county probation or parole
     3     supervision, the facility shall provide to the inmate his
     4     current medications as prescribed and any customary and
     5     necessary medical supplies as determined by the prescribing
     6     physician.
     7     (h)  Record of inmate moneys.--Prior to the release of an
     8  inmate from the Department of Corrections to State parole
     9  supervision, the department shall provide to the Board of
    10  Probation and Parole a record of any moneys paid by the inmate
    11  and any balance remaining towards satisfaction of restitution or
    12  any other court-ordered financial obligations. Prior to the
    13  release of an inmate from a county correctional facility to
    14  State parole supervision, the county correctional facility shall
    15  provide to the Board of Probation and Parole a record of any
    16  moneys paid by the inmate and any balance remaining towards the
    17  satisfaction of restitution or any other court-ordered financial
    18  obligations. Prior to the release of an inmate from a county
    19  correctional facility to county parole supervision, the facility
    20  shall provide to the county probation department or other agent
    21  designated by the county commissioners of the county with the
    22  approval of the president judge of the county a record of any
    23  moneys paid by the inmate and any remaining balance towards the
    24  satisfaction of restitution and any other court-ordered
    25  financial obligations.
    26     (i)  Continuing payments.--The Board of Probation and Parole
    27  shall require as a condition of parole that any inmate released
    28  to their supervision shall make continuing payments on
    29  restitution or any other court-ordered financial obligations.
    30  The sentencing court shall require as a condition of county
    20070H0004B2394                 - 18 -     

     1  parole that any inmate released to the supervision of the county
     2  probation department shall make continuing payments of
     3  restitution or any other court-ordered financial obligations.
     4     (j)  Release after maximum sentence.--Upon release of an
     5  inmate from the Department of Corrections at the expiration of
     6  his maximum sentence, the Department of Corrections shall
     7  transmit to the county probation department or other agent
     8  designated by the county commissioners of the county with the
     9  approval of the president judge of the county in which the
    10  inmate was convicted a record of any moneys paid by the inmate
    11  and any outstanding amounts owed by the inmate towards
    12  satisfaction of restitution or any other court-ordered financial
    13  obligations.
    14     (k)  Procedures.--The Department of Corrections and the
    15  Pennsylvania Board of Probation and Parole shall develop
    16  procedures to implement the provisions of this section.
    17     (l)  Application.--This section shall apply to offenders
    18  transferred to or released from a State or county correctional
    19  facility after the effective date of this section.
    20     Section 9.  Section 9904 of Title 42, added November 19, 2004
    21  (P.L.855, No.112), is amended by adding a subsection to read:
    22  § 9904.  Referral to State intermediate punishment program.
    23     * * *
    24     (d.1)  Resentencing.--The department may make a written
    25  request to the sentencing court that an offender who is
    26  otherwise eligible but has not been referred for evaluation or
    27  originally sentenced to State intermediate punishment be
    28  sentenced to State intermediate punishment. The court may
    29  resentence the offender to State intermediate punishment if all
    30  of the following apply:
    20070H0004B2394                 - 19 -     

     1         (1)  The department has recommended placement in a drug
     2     offender treatment program.
     3         (2)  The attorney for the Commonwealth and the offender
     4     have agreed to the placement and modification of sentence.
     5         (3)  The court makes the findings set forth under
     6     subsection (d).
     7         (4)  The resentencing has occurred within 180 days of the
     8     date of the defendant's admission to the custody of the
     9     department.
    10         (5)  The court has otherwise complied with all other
    11     requirements for the imposition of sentence.
    12     * * *
    13     Section 10.  Title 44 is amended by adding a part to read:
    14                              PART III
    15                           INCARCERATION
    16  Chapter
    17     51.  Preliminary Provisions (Reserved)
    18     53.  Recidivism Risk Reduction Incentive
    19                             CHAPTER 51
    20                       PRELIMINARY PROVISIONS
    21                             (Reserved)
    22                             CHAPTER 53
    23                RECIDIVISM RISK REDUCTION INCENTIVE
    24  Sec.
    25  5301.  Scope of chapter.
    26  5302.  Purpose.
    27  5303.  Definitions.
    28  5304.  Recidivism risk reduction incentive programs.
    29  5305.  Sentencing.
    30  5306.  Recidivism risk reduction incentive minimum.
    20070H0004B2394                 - 20 -     

     1  5307.  Authority of board.
     2  5308.  Written guidelines and regulations.
     3  5309.  Evaluation.
     4  5310.  Reports.
     5  5311.  Construction.
     6  5312.  Applicability.
     7  § 5301.  Scope of chapter.
     8     This chapter relates to recidivism risk reduction incentive.
     9  § 5302.  Purpose.
    10     This chapter seeks to create a program that ensures
    11  appropriate punishment for persons who commit crimes, encourages
    12  prisoner participation in evidence-based programs that reduce
    13  the risks of future crime and ensures the openness and
    14  accountability of the criminal justice process while ensuring
    15  fairness to crime victims.
    16  § 5303.  Definitions.
    17     The following words and phrases when used in this chapter
    18  shall have the meanings given to them in this section unless the
    19  context clearly indicates otherwise:
    20     "Board."  The Pennsylvania Board of Probation and Parole.
    21     "Commission."  The Pennsylvania Commission on Sentencing.
    22     "Court."  The trial judge exercising sentencing jurisdiction
    23  over an eligible offender under this chapter or the president
    24  judge or the president judge's designee if the original trial
    25  judge is no longer serving as a judge of the sentencing court.
    26     "Defendant."  An individual charged with a criminal offense.
    27     "Department."  The Department of Corrections of the
    28  Commonwealth.
    29     "Eligible offender."  A defendant or prisoner convicted of a
    30  criminal offense who will be committed to the custody of the
    20070H0004B2394                 - 21 -     

     1  department and who meets all of the following:
     2         (1)  Does not demonstrate a history of present or past
     3     violent behavior.
     4         (2)  Has not been subject to a sentence the calculation
     5     of which includes an enhancement for the use of a deadly
     6     weapon as defined under law or the sentencing guidelines
     7     promulgated by the Pennsylvania Commission on Sentencing.
     8         (3)  Has not been found guilty or previously convicted or
     9     adjudicated delinquent for or an attempt or conspiracy to
    10     commit a personal injury crime as defined under section 103
    11     of the act of November 24, 1998 (P.L.882, No.111), known as
    12     the Crime Victims Act.
    13         (4)  Has not been found guilty or previously convicted or
    14     adjudicated delinquent for violating any of the following
    15     provisions or an equivalent offense under the laws of the
    16     United States or one of its territories or possessions,
    17     another state, the District of Columbia, the Commonwealth of
    18     Puerto Rico or a foreign nation:
    19             (i)  18 Pa.C.S. § 4302 (relating to incest).
    20             (ii)  18 Pa.C.S. § 5901 (relating to open lewdness).
    21             (iii)  18 Pa.C.S. § 6312 (relating to sexual abuse of
    22         children).
    23             (iv)  18 Pa.C.S. § 6318 (relating to unlawful contact
    24         with minor).
    25             (v)  18 Pa.C.S. § 6320 (relating to sexual
    26         exploitation of children).
    27             (vi)  18 Pa.C.S. Ch. 76 Subch. C (relating to
    28         Internet child pornography).
    29             (vii)  Any offense listed under 42 Pa.C.S. § 9795.1
    30         (relating to registration).
    20070H0004B2394                 - 22 -     

     1         (5)  Is not awaiting trial or sentencing for additional
     2     criminal charges, if a conviction or sentence on the
     3     additional charges would cause the defendant to become
     4     ineligible under this definition.
     5     "Program plan."  An individualized plan recommended by the
     6  department that contains approved treatment and other approved
     7  programs designed to reduce recidivism risk of a specific
     8  prisoner.
     9  § 5304.  Recidivism risk reduction incentive programs.
    10     (a)  Authorization.--Subject to the provisions of this
    11  chapter, the department is authorized to create or otherwise
    12  designate treatment or other programs as recidivism risk
    13  reduction incentive programs.
    14     (b)  Intent.--This chapter is intended to encourage eligible
    15  offenders committed to the custody of the department to
    16  participate in and successfully complete evidence-based programs
    17  under this chapter that reduce the likelihood of recidivism and
    18  improve public safety.
    19     (c)  Program requirements.--In accordance with the provisions
    20  of this chapter, the department may designate a treatment
    21  program or other program as a recidivism risk reduction
    22  incentive program if there is appropriate scientific research
    23  that demonstrates that the proposed program would likely reduce
    24  overall recidivism rates or serious crime rates of program
    25  participants. A recidivism risk reduction incentive program
    26  designed to provide treatment in the form of a therapeutic
    27  community for drug abuse or addiction shall meet the
    28  requirements of an institutional therapeutic community as
    29  defined under 42 Pa.C.S. § 9903 (relating to definitions).
    30     (d)  Consultation.--The department shall consult with
    20070H0004B2394                 - 23 -     

     1  appropriate research and technical assistance organizations,
     2  such as the National Institute of Justice, the National
     3  Institute of Corrections and the American Correctional
     4  Association concerning evidence-based programs that reduce
     5  recidivism risks of prisoners and the scientific research
     6  relating to those programs.
     7     (e)  Program approval process.--
     8         (1)  The department shall publish, in a manner reasonably
     9     calculated to inform, a detailed description of the program,
    10     the types of offenders who will be eligible to participate in
    11     the program, the name and citation of research reports that
    12     demonstrate the effectiveness of the proposed program and the
    13     name and address of a department contact person responsible
    14     for receiving public comments. On the same date as
    15     publication, the department shall also deliver a copy of the
    16     list to the Judiciary Committee of the Senate and the
    17     Judiciary Committee of the House of Representatives.
    18         (2)  Upon consideration of the public comments and the
    19     expiration of at least 60 days from the date of publication
    20     required under paragraph (1), the department may designate
    21     any program published as approved for inclusion in the
    22     recidivism risk reduction incentive program.
    23  § 5305.  Sentencing.
    24     (a)  Generally.--At the time of sentencing, the court shall
    25  make a determination whether the defendant is an eligible
    26  offender.
    27     (b)  Waiver of eligibility requirements.--The prosecuting
    28  attorney, in the prosecuting attorney's sole discretion, may
    29  advise the court that the Commonwealth has elected to waive the
    30  eligibility requirements of this chapter.
    20070H0004B2394                 - 24 -     

     1     (c)  Recidivism risk reduction incentive minimum sentence.--
     2  If the court determines that the defendant is an eligible
     3  offender or the prosecuting attorney has waived the eligibility
     4  requirements under subsection (b), the court shall enter a
     5  sentencing order that does all of the following:
     6         (1)  Imposes the minimum and maximum sentences as
     7     required under 42 Pa.C.S. § 9752 (relating to sentencing
     8     proceeding generally).
     9         (2)  Imposes the recidivism risk reduction incentive
    10     minimum sentence. The recidivism risk reduction incentive
    11     minimum shall be equal to three-fourths of the minimum
    12     sentence imposed when the minimum sentence is three years or
    13     less. The recidivism risk reduction incentive minimum shall
    14     be equal to five-sixths of the minimum sentence if the
    15     minimum sentence is greater than three years. For purposes of
    16     these calculations, partial days shall be rounded to the
    17     nearest whole day. In determining the recidivism risk
    18     reduction incentive minimum sentence, the aggregation
    19     provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive
    20     sentences of total confinement for multiple offenses) and
    21     9762(d) (relating to sentencing proceeding; place of
    22     confinement) shall apply.
    23         (3)  Complies with all other applicable sentencing
    24     provisions, including provisions relating to victim
    25     notification and the opportunity to be heard.
    26  § 5306.  Recidivism risk reduction incentive minimum.
    27     (a)  Generally.--The board or its designee shall parole a
    28  prisoner who has been sentenced to a recidivism risk reduction
    29  incentive minimum sentence at the expiration of that recidivism
    30  risk reduction incentive minimum sentence upon a determination
    20070H0004B2394                 - 25 -     

     1  that all of the following apply:
     2         (1)  The department certified that it has conducted an
     3     appropriate assessment of the treatment needs and risks of
     4     the prisoner using nationally recognized assessment tools
     5     that have been normed and validated.
     6         (2)  The department has certified that it developed a
     7     program plan based on the assessment conducted under
     8     paragraph (1) that is designed to reduce the risk of
     9     recidivism through the use of recidivism risk reduction
    10     incentive programs authorized and approved under this chapter
    11     that are appropriate for that particular prisoner.
    12         (3)  The department advised the prisoner that the
    13     prisoner is required to successfully complete the program
    14     plan.
    15         (4)  The prisoner has successfully completed all required
    16     recidivism risk reduction incentive programs or other
    17     programs designated in the program plan.
    18         (5)  The prisoner has maintainted a good conduct record
    19     following the imposition of the recidivism risk reduction
    20     incentive minimum sentence.
    21         (6)  The reentry plan for the prisoner is adequate.
    22         (7)  Individual conditions and requirements for parole
    23     have been established.
    24         (8)  Notice and opportunity to be heard was provided by
    25     the board to the sentencing court and the prosecuting
    26     attorney in a manner consistent with section 21(b.2) of the
    27     act of August 6, 1941 (P.L.861, No.323), referred to as the
    28     Pennsylvania Board of Probation and Parole Law.
    29         (9)  The department has certified that the prisoner
    30     continues to be an eligible offender. In the event that a
    20070H0004B2394                 - 26 -     

     1     recidivism risk reduction minimum sentence was imposed
     2     pursuant to the prosecutor's waiver of eligibility
     3     requirements, the department has not received information
     4     that the prisoner has a history of present or past violent
     5     behavior and the prosecuting attorney was unaware of that
     6     information at the time of sentencing.
     7         (10)  There is no reasonable indication that the prisoner
     8     poses a risk to public safety.
     9     (b)  Funding.--The department shall make all reasonable
    10  efforts to seek appropriate funding and resources in order to
    11  implement the recidivism risk reduction program.
    12     (c)  Program content.--Nothing in this section shall do any
    13  of the following:
    14         (1)  Require the department to include recidivism risk
    15     reduction programs in an individual program plan where the
    16     risk assessment indicates that such a program is unlikely to
    17     reduce recidivism for that particular prisoner.
    18         (2)  Prohibit the department from including appropriate
    19     community works or public service projects as part of the
    20     program plan.
    21         (3)  Prohibit the department from making modifications to
    22     the program plan at any time in order to ensure appropriate
    23     treatment and recidivism risk reduction incentive program
    24     placement.
    25     (d)  Adjudication.--Nothing in this section shall be
    26  interpreted as granting a right to be paroled to any person, and
    27  any decision by the board and its designees or the department,
    28  under this section, shall not be considered an adjudication
    29  under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
    30  procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
    20070H0004B2394                 - 27 -     

     1  to judicial review of Commonwealth agency action).
     2  § 5307.  Authority of board.
     3     If a prisoner has been sentenced by a court to a recidivism
     4  risk reduction incentive minimum sentence and the prisoner is
     5  not paroled under this chapter, the board shall have exclusive
     6  authority to grant parole. Except as otherwise provided under
     7  this chapter, the board shall retain its power and authority to
     8  parole, commit and reparole prisoners committed to the
     9  department.
    10  § 5308.  Written guidelines and regulations.
    11     The department, upon consultation with the board, shall
    12  develop written interim guidelines to assist in the
    13  implementation of the provisions of this chapter. The interim
    14  guidelines shall not be subject to the requirements of the act
    15  of June 25, 1982 (P.L.633, No.181), known as the Regulatory
    16  Review Act, and shall be effective for a period of two years
    17  after publication in the Pennsylvania Bulletin. The interim
    18  guidelines shall be replaced by regulations promulgated by the
    19  department consistent with the Regulatory Review Act on or
    20  before the date of expiration of the interim guidelines.
    21  § 5309.  Evaluation.
    22     The department, the board and the commission shall monitor
    23  and evaluate the recidivism risk reduction incentive programs.
    24  Evaluations under this section should be scientifically rigorous
    25  and seek to determine the effectiveness of the programs,
    26  including whether specific recidivism risk reduction incentive
    27  programs have reduced the recidivism rates of the program
    28  participants as compared to previously incarcerated and
    29  similarly situated prisoners. The department, the board and the
    30  commission shall make evaluations conducted under this section
    20070H0004B2394                 - 28 -     

     1  and underlying data available to the public. The publicly
     2  available data and evaluations shall comply with generally
     3  accepted practices of the research community, including
     4  expectations relating to subject privacy and identifying
     5  information.
     6  § 5310.  Reports.
     7     (a)  Recidivism risk reduction.--The department, the board
     8  and the commission shall monitor and evaluate the recidivism
     9  risk reduction incentive programs to ensure that the goals and
    10  objectives of this chapter are met. Reports to the General
    11  Assembly shall be as follows:
    12         (1)  In odd-numbered years, the department shall present
    13     a report of its evaluation to the Judiciary Committee of the
    14     Senate and the Judiciary Committee of the House of
    15     Representatives no later than February 1. The report shall
    16     include all of the following:
    17             (i)  The number of offenders determined by the
    18         department to be eligible offenders under this chapter
    19         and the offenses for which the offenders were committed
    20         to the custody of the department.
    21             (ii)  The number of prisoners committed to the
    22         custody of the department who were subject to a
    23         recidivism risk reduction incentive minimum sentence.
    24             (iii)  The number of prisoners paroled at the
    25         recidivism risk reduction incentive minimum date.
    26             (iv)  Any potential changes that would make the
    27         program more effective.
    28             (v)  The six-month, one-year, three-year and five-
    29         year recidivism rates for prisoners released at the
    30         recidivism risk reduction incentive minimum sentence.
    20070H0004B2394                 - 29 -     

     1             (vi)  Any other information the department deems
     2         relevant.
     3         (2)  In even-numbered years, the commission shall present
     4     a report of its evaluation to the Judiciary Committee of the
     5     Senate and the Judiciary Committee of the House of
     6     Representatives no later than February 1. The report shall
     7     include all of the following:
     8             (i)  Whether the goals of this chapter could be
     9         achieved through amendments to parole or sentencing
    10         guidelines.
    11             (ii)  The various options for parole or sentencing
    12         guidelines under subparagraph (i).
    13             (iii)  The status of any proposed or implemented
    14         guidelines designed to implement the provisions of this
    15         chapter.
    16             (iv)  Any potential changes to the program that would
    17         be likely to reduce the risk of recidivism of prisoners
    18         and improve public safety.
    19             (v)  Any other information the commission deems
    20         relevant.
    21     (b)  Educational plan.--The Pennsylvania Commission on Crime
    22  and Delinquency shall publish a report of a proposed educational
    23  program plan within one year of the effective date of this
    24  section. The proposed educational program plan shall be
    25  developed in consultation with the department, commission,
    26  board, the Pennsylvania District Attorneys Association, the
    27  Victim Advocate and representatives of the judiciary and the
    28  criminal defense bar and other criminal justice stakeholders.
    29  The plan shall seek to provide cost-effective training or
    30  information through electronic means, publications or continuing
    20070H0004B2394                 - 30 -     

     1  educational programs that address the following topics:
     2         (1)  The treatment programs available through the board
     3     and the department.
     4         (2)  The availability of programs and eligibility
     5     requirements that can reduce recidivism risk including State
     6     intermediate punishment, the motivational boot camp and
     7     recidivism risk reduction incentives programs.
     8         (3)  The calculation of sentencing credit and practices
     9     that could inadvertently prevent an inmate from receiving
    10     sentence credit.
    11         (4)  Recent statutory changes relating to sentencing,
    12     place of confinement, medical releases, transfer of inmates
    13     and parole.
    14  § 5311.  Construction.
    15     Notwithstanding any other provision of law, this chapter
    16  shall not be construed to do any of the following:
    17         (1)  Confer any legal right upon any individual,
    18     including an individual participating in or seeking to
    19     participate in a recidivism risk reduction incentive program,
    20     to do any of the following:
    21             (i)  Participate in a recidivism risk reduction
    22         incentive program.
    23             (ii)  Continue participation in a recidivism risk
    24         reduction incentive program.
    25             (iii)  Modify the contents of the recidivism risk
    26         reduction incentive program.
    27             (iv)  File any cause of action in any Federal or
    28         State court challenging the department's determination
    29         that a participant be suspended or expelled from or that
    30         a participant has successfully completed or failed to
    20070H0004B2394                 - 31 -     

     1         successfully complete any recidivism risk reduction
     2         incentive program.
     3         (2)  Confer any legal right on any individual to be
     4     released on parole under this act.
     5         (3)  Enlarge or limit the right of a participant to
     6     appeal the participant's sentence.
     7  § 5312.  Applicability.
     8     This chapter shall apply to persons incarcerated under the
     9  supervision of the department.
    10     Section 11.  This act shall take effect in 60 days.














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