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A03697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
500
Session of
2019
INTRODUCED BY BAKER, BARTOLOTTA, KILLION, STREET, COLLETT,
A. WILLIAMS, LEACH, HAYWOOD, SCHWANK, COSTA, MENSCH,
PHILLIPS-HILL, STEFANO, TARTAGLIONE, YUDICHAK, J. WARD,
BROWNE AND MUTH, MARCH 25, 2019
SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 3, 2019
AN ACT
Amending the act of November 22, 1978 (P.L.1166, No.274),
entitled "An act establishing the Pennsylvania Commission on
Crime and Delinquency, providing for its powers and duties
establishing several advisory committees within the
commission and providing for their powers and duties,"
providing for County Adult Probation and Parole Advisory
Committee, for county probation officers' firearm education
and training, for justice reinvestment grants, phase 2, for
continuing county probation and parole grants and for county
intermediate punishment funding; making an appropriation; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 22, 1978 (P.L.1166, No.274),
referred to as the Pennsylvania Commission on Crime and
Delinquency Law, is amended by adding sections to read:
Section 6.1. County Adult Probation and Parole Advisory
Committee.
(a) Establishment.--The County Adult Probation and Parole
Advisory Committee is established within the commission.
(b) Composition.--The committee shall consist of the
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following members:
(1) The chairman of the Pennsylvania Board of Probation
and Parole or a designee, who shall serve as an ex officio
and nonvoting member.
(2) The Chair of the Juvenile Court Judges' Commission
or a designee, who shall serve as an ex officio and nonvoting
member.
(3) The Executive Director of the Pennsylvania
Commission on Sentencing, or a designee, who shall serve as
an ex officio and nonvoting member.
(4) The President of the County Commissioners
Association of Pennsylvania or a designee.
(5) The Executive Director of the County Chief Adult
Probation and Parole Officers Association of Pennsylvania or
a designee.
(6) The Victim Advocate.
(7) The Court Administrator of Pennsylvania or a
designee.
(8) The President of the Pennsylvania District
Attorneys' Association or a designee.
(8.1) The President of the Pennsylvania Association of
Criminal Defense Lawyers or a designee.
(9) A county chief probation and parole officer
appointed by the Chief Justice of Pennsylvania.
(10) A county commissioner or a home rule equivalent
appointed by the Governor.
(11) Seven judges of the courts of common pleas who
serve in the criminal court area and are representative of
the geographic and demographic diversity of this
Commonwealth, appointed by the Chief Justice of Pennsylvania.
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(c) Initial appointments to committee.--
(1) As designated by the Chief Justice of Pennsylvania
at the time of appointment and until successors are
appointed, the following shall apply to appointees initially
appointed under subsection (b)(9) and (11):
(i) Three appointees shall serve an initial term of
two years.
(ii) Three appointees shall serve an initial term of
three years.
(iii) Two appointees shall serve an initial term of
four years.
(2) An appointment to fill a vacancy created by a member
appointed in accordance with paragraph (1) shall be for the
remainder of the unexpired term.
(3) Members appointed under subsection (b)(1), (2), (3),
(4), (5), (6) , (7) , (8), (8.1) and (10) shall serve by virtue
of the member's office, and the member's term shall be
concurrent with the member's service in the office.
(d) Terms of office.-- Except as provided in subsection (c)
(1), the term of office of a member appointed under subsection
(b)(9) or (11) shall be four years. No member shall be appointed
for more than two consecutive terms.
(e) Conditions of appointment.--The committee and the
committee's members are subject to the same limitations and
conditions imposed upon the commission under section 2(e), (h),
(i), (m) and (n).
(f) Quorum.--A majority of the voting members shall
constitute a quorum and a vote of the majority of the voting
members present shall be sufficient for all actions.
(g) Committee chair.--The chairperson of the commission
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shall appoint a committee chair from among the judges on the
committee, who shall serve at the pleasure of the chairperson. A
vice committee chair shall be designated by the committee chair
and shall preside at meetings in the chair's absence. The
committee shall meet at the call of the committee chair, but not
less than four times per year.
(h) Powers and duties.--The County Adult Probation and
Parole Advisory Committee, with the review and approval of the
commission, shall:
(1) Review and comment on grant applications for county
intermediate punishment programs or discretionary grants.
(2) Develop a funding plan for county adult probation
and parole departments that includes county intermediate
punishment programs, discretionary grants and a funding
formula. Counties supervising larger numbers of individuals
with significant risk and need scores shall receive greater
consideration in grant awards. The committee shall consider
the following in developing the funding formula:
(i) The number of people in the county that were
sentenced to probation supervision in the prior year.
(ii) The number of people in the county that were
under judicial supervision in pretrial status in the
community in the prior year.
(iii) The number of people in the county that were
placed under county probation supervision following State
or county incarceration in the prior year.
(iv) The number of people in the county that were
discharged from probation supervision in the prior year.
(iv) (v) The offense gravity score and prior record
score of persons in the county under the supervision of
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county probation in the prior year.
(v) (vi) The risk and need score of persons in the
county under the supervision of county probation, as
determined through the use of a validated and commission-
approved instrument.
(vi) (vii) The county's full submission of data to
the Pennsylvania Commission on Sentencing , and the
commission's certification of the county's compliance
with guidelines and the county's current intermediate
punishment plan for imposing restrictive conditions. .
(viii) Certification by the Pennsylvania Commission
on Sentencing of the county's compliance with guidelines
and the county's current intermediate punishment plan for
imposing restrictive conditions.
(3) Advise on all matters pertaining to the
administration of the county adult probation and parole
system.
(4) Analyze data to identify trends and to determine the
effectiveness of programs and practices to ensure the
reasonable and efficient administration of the county adult
probation and parole system.
(5) Make recommendations and adopt standards for
probation and parole personnel, including standards for
services, caseload standards, risk assessment, responses to
violations , collection of restitution and other evidence-
based programs and practices.
(6) Assist the commission in the implementation of 42
Pa.C.S. Ch. 98 (relating to county intermediate punishment).
(7) Within one year of the effective date of this
section, absorb the funding, powers and duties of the County
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Probation Officers' Firearm Education and Training Commission
established under 61 Pa.C.S. Ch. 63 (relating to county
probation officers' firearm education and training), appoint
a subcommittee with expertise comparable to that of the
current membership of the County Probation Officers' Firearm
Education and Training Commission and assume responsibility
and oversight for the firearm education and training of
county adult and juvenile probation and parole officers.
(8) Report annually to the Governor and General Assembly
on the distribution and use of funding under paragraphs (1)
and (2).
(i) Staff.--Staff support shall be made available to the
committee by the executive director of the commission in order
to adequately perform the duties provided for under this
section.
(j) Authority not diminished.--This section may not be
interpreted to diminish the authority of a president judge in a
supervising county's probation and parole department.
Section 6.2. County probation officers' firearm education and
training.
(a) Commission composition.--The committee shall serve as
the county probation officers' firearm education and training
commission under 61 Pa.C.S. Ch. 63 (relating to county probation
officers' firearm education and training), including assuming
all of its funding, powers, duties and responsibilities.
(b) Advisory subcommittee.--The committee shall appoint a
subcommittee with expertise comparable to that of the former
membership of the county probation officers' firearm education
and training commission.
Section 9.1. Justice reinvestment grants, phase 2.
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(a) Justice Reinvestment Fund.--The Justice Reinvestment
Fund will be utilized to support programs and activities to
improve the delivery of criminal justice services within this
Commonwealth.
(b) Savings assessment.--For fiscal years 2020-2021, 2021-
2022, 2022-2023 and , 2023-2024 and 2024-2025 , the Office of the
Budget shall develop a formula to calculate the amount of
savings to the Department of Corrections in the prior fiscal
year. The calculation shall include all of consist of savings
from the following:
(1) implementation of short sentence parole under 61
Pa.C.S. § 6137.5 (relating to short sentence parole);
(2) increased use of the State drug treatment program
under 61 Pa.C.S. Ch. 41 (relating to State intermediate
punishment); or
(3) use of sanctions for technical parole violations
under 61 Pa.C.S. § 6138(c)(8) (relating to violation of terms
of parole).
(c) Deposit.--The following amounts shall be deposited into
the Justice Reinvestment Fund:
(1) In fiscal year 2020-2021 2021-2022 , an amount not to
exceed 100% of the amount determined calculated to be savings
in the prior fiscal year.
(2) In fiscal year 2021-2022, years 2022-2023, 2023 -2024
and 2024-2025, an amount in each year not to exceed 50% of
the amount determined calculated to be savings in the prior
fiscal year.
(3) In fiscal years 2022-2023 and 2023-2024 year 2025-
2026 , an amount in each year not to exceed 50% 90% of the
amount determined calculated to be savings in the prior
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fiscal year.
(d) Distributions.--For fiscal years 2019-2020, 2020-2021,
2021-2022, 2022-2023 and , 2023-2024 and 2024-2025 , the sum of
$250,000 shall be distributed to the commission for the purpose
of crime victim compensation and the sum of $400,000 shall be
distributed to the Pennsylvania Commission on Sentencing to
implement risk assessment and justice reinvestment sentencing
features. The remaining deposits in subsection (c) shall be
distributed to the commission for formula funding to county
probation and parole departments, as advised by the County Adult
Probation and Parole Advisory Committee under section 6.1. under
section 10.1.
(e) Restriction.--Grants awarded under this section shall be
annual grants and shall be used to supplement and not supplant
existing funding, including funding provided by county
governments.
(f) Expiration.--This section shall expire July 15, 2024
2026 .
Section 10.1. Continuing county probation and parole grants.
(a) General rule.--A county that provides adult probation
staff shall receive grant funding from the Commonwealth through
the commission for costs incurred by the county but only to the
extent that the staff and program meet the qualifications and
standards established by the commission.
(b) Appropriation.--
(1) For fiscal years 2018-2019, 2019-2020, 2020-2021,
2021-2022, 2022-2023 and , 2023-2024, 2024-2025 and 2025-2026,
the sum of $16,222,000 plus the amount deposited under
section 9.1(c) as savings in the prior fiscal year shall be
appropriated to the commission for the purpose of formula
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funding to county probation and parole departments, as
advised by the County Adult Probation and Parole Advisory
Committee under section 6.1.
(2) For fiscal year 2024-2025, the sum of $16,222,000
plus 90% of the amount determined to be savings in the prior
fiscal year shall be appropriated to the commission for the
purpose of formula funding to county probation and parole
departments, as advised by the County Adult Probation and
Parole Advisory Committee under section 6.1.
(3) (2) Beginning in fiscal year 2025-2026 2026-2027 and
annually thereafter, the Commonwealth shall adjust the prior
year's appropriation to reflect the annual percentage change
in the Consumer Price Index for All Urban Consumers,
published by the United States Department of Commerce, Bureau
of Labor Statistics, occurring in the one-year period ending
on January 1 immediately preceding July 1.
(4) (3) If insufficient funds are appropriated, each
county shall receive a prorated reduction in funding.
Section 10.2. County intermediate punishment funding.
The State appropriation for county intermediate punishment
shall continue to be utilized to support programs under 42
Pa.C.S. Ch. 98 (relating to county intermediate punishment).
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 6.1 of the act.
(2) 61 Pa.C.S. Ch. 63 is repealed.
Section 3. Transfers shall be effectuated as follows:
(1) The functions, personnel, allocations,
appropriations, equipment, supplies, records, contracts,
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rights and obligations of the County Probation Officers'
Firearm Education and Training Commission are transferred to
the County Adult Probation and Parole Advisory Committee. The
transfer under this paragraph has the same effect as if the
subjects of transfer had originally been those of the County
Adult Probation and Parole Advisory Committee.
(2) Personnel transferred under paragraph (1) shall
retain the same employment status held prior to transfer.
This paragraph includes:
(i) Civil service classification.
(ii) Seniority.
(iii) Benefits.
(iv) Perquisites.
(3) Activities initiated under 61 Pa.C.S. Ch. 63 shall
continue and remain in full force and effect and may be
completed under section 6.1 of the act.
(4) Orders, regulations, rules and decisions which were
made under 61 Pa.C.S. Ch. 63 and which are in effect on the
effective date of section 2(2) of this act shall remain in
full force and effect until revoked, vacated or modified
under section 6.1 of the act.
(5) Contracts, obligations and collective bargaining
agreements entered into under 61 Pa.C.S. Ch. 63 are not
affected nor impaired by repeals under this act.
Section 4. A reference in a statute or regulation to the
County Probation Officers' Firearm Education and Training
Commission shall be deemed a reference to the County Adult
Probation and Parole Advisory Committee.
Section 5 2. This act shall take effect in 60 days.
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