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A04173
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
501
Session of
2019
INTRODUCED BY KILLION, BAKER, BARTOLOTTA, STREET, COLLETT,
A. WILLIAMS, LEACH, SCHWANK, COSTA, HAYWOOD, PHILLIPS-HILL,
STEFANO, TARTAGLIONE, YUDICHAK AND J. WARD, MARCH 25, 2019
SENATOR BAKER, JUDICIARY, AS AMENDED, MAY 1, 2019
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in judicial boards and commissions, further
providing for powers and duties, providing for commission,
for composition of commission and for powers and duties of
commission, for adoption of guidelines for sentencing, for
adoption of guidelines for county intermediate punishment,
for adoption of guidelines for State intermediate punishment
and for adoption of risk assessment instrument; in judgments
and other liens, further providing for personal earnings
exempt from process; in sentencing, further providing for
sentences for offenses against infant persons, for sentencing
generally, for collection of restitution, reparation, fees,
costs, fines and penalties, for payments of court costs,
restitution and fines, for order of probation, for sentence
of partial confinement, for sentence of total confinement,
for sentence of county intermediate punishment, for
information required upon commitment and subsequent
disposition, for modification or revocation of order of
probation, for court-imposed sanctions for offenders
violating probation, for modification or revocation of county
intermediate punishment sentence and for revocation of State
intermediate punishment sentence; in county intermediate
punishment, further providing for county intermediate
punishment programs and for continued eligibility; in
motivational boot camp, further providing for definitions,
for selection of inmate participants and for motivational
boot camp program; in State intermediate punishment, further
providing for scope of chapter, for definitions, for
referral to State intermediate punishment program, for drug
offender treatment program and for reports; in recidivism
risk reduction incentive, further providing for definitions,
for sentencing, for evaluation and for reports; in
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miscellaneous provisions, further providing for
confidentially of victim information; in Pennsylvania Board
of Probation and Parole, further providing for definitions,
for advisory committee, for general powers of board, for
probation services, for parole power, providing for short
sentence parole and for reentry supervision, further
providing for violation of terms of parole and, for parole
procedure and for victim statements, testimony and
participation in hearing and providing for parolee homicide
review; in county probation officers' firearm education and
training, further providing for County Probation Officers'
Firearm Education and Training Commission and for commission
membership; and making conforming amendments; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2153(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph and the
section is amended by adding a subsection to read:
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
* * *
(16) Report to the General Assembly on:
(i) implementation of revisions to the guidelines
under sections 2154 (relating to adoption of guidelines
for sentencing) and 2154.1 (relating to adoption of
guidelines for restrictive conditions);
(ii) implementation and outcomes of justice
reinvestment funding to county probation;
(iii) use of court-imposed sanctions for violating
probation under section 9771.1 (relating to court-imposed
sanctions for violating probation);
(iv) in consultation with the Office of the Budget
and the Department of Corrections, the implementation of
short sentence parole under 61 Pa.C.S. § 6137.1 (relating
to short sentence parole), use of the State drug
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treatment program under 61 Pa.C.S. Ch. 41 (relating to
State drug treatment program) and use of sanctions for
technical parole violations under 61 Pa.C.S. § 6138(c)(8)
(relating to violation of terms of parole); and
(v) evaluations of the effectiveness of various
criminal justice interventions and programming, including
restrictive conditions of probation, recidivism risk
reduction incentive programs, the State drug treatment
program, the State motivational boot camp program,
pretrial diversion programs, prisoner treatment programs
and prisoner reentry programs. For evaluations of the
effectiveness of programs in reducing recidivism, the
commission shall report on:
(A) The number of individuals eligible for the
program, the number of individuals participating in
the program and the number of individuals who
successfully completed the program during the period
under study.
(B) The recidivism rates for participants of the
program and for a comparison group of individuals who
did not participate in the program.
(C) Potential changes in the program that the
commission believes would make the program more
effective.
(D) Any other information the commission deems
relevant.
* * *
(d) Hearings.--The General Assembly shall convene hearings
in the appropriate committees to hear and deliberate upon
reports under subsection (a)(16).
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Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 2151.2. Commission.
(a) Continuation.--The commission is continued as an agency
of the General Assembly.
(b) Seal.--The commission shall have a seal engraved with
the commission's name and such other inscription as may be
specified by regulation of the commission.
§ 2152. Composition of commission.
(a) Members.--The Pennsylvania Commission on Sentencing
shall consist of the following:
(1) One individual selected by the Speaker of the House
of Representatives, who shall be a district attorney.
(2) One individual selected by the President pro tempore
of the Senate, who shall be a defense attorney.
(3) Two judges of courts of record selected by the Chief
Justice of Pennsylvania.
(4) Two judges of courts of record, one of whom shall be
selected by the President Judge of Commonwealth Court and one
of whom shall be selected by the President Judge of the
Superior Court.
(5) One individual selected by the Chief Justice of
Pennsylvania, who shall be a professor of law knowledgeable
in criminal sentencing.
(6) One member of the Senate selected by the President
pro tempore of the Senate.
(7) One member of the Senate selected by the Minority
Leader of the Senate.
(8) One member of the House of Representatives selected
by the Majority Leader of the House of Representatives.
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(9) One member of the House of Representatives selected
by the Minority Leader of the House of Representatives.
(b) Ex officio members.--The Secretary of Corrections and
the chairperson of the board, during their tenure in their
respective positions, shall serve as ex officio nonvoting
members of the commission.
(c) Terms of office.--The members of the commission shall
serve for terms of two years and until a successor has been
selected and qualified. A vacancy on the commission shall be
filled for the balance of the term.
(d) Chairperson and Executive Director.--The commission
shall select a chairperson from its members and an Executive
Director. The chairperson shall:
(1) Preside at meetings of the commission.
(2) Direct the preparation of requests for
appropriations for the commission and the use of funds made
available to the commission.
(e) Meetings and quorum.--
(1) The commission shall meet at least four times a year
and not less than semiannually to establish the commission's
general policies and rules.
(2) The commission shall be deemed an "agency" within
the meaning of and shall be subject to the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(3) Seven commissioners shall constitute a quorum for
the purpose of adopting proposed initial and subsequent
guidelines. A majority of commissioners shall constitute a
quorum for all other purposes.
(4) Minutes of meetings shall be kept by the Executive
Director and filed at the executive office of the commission.
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(f) Records of action.--Except as otherwise provided by law,
the commission shall maintain and make available for public
inspection a record of the final vote of each member on any
action taken by the commission.
(g) Expenses.--Each commissioner shall be entitled to
reimbursement for each commissioner's accountable expenses
incurred while engaged in the business of the commission.
(h) Competency to testify.--In a judicial, administrative or
similar proceeding, a commissioner or commission staff shall not
be competent to testify and may not be required to produce
records or other discovery as to any statement, conduct,
decision or deliberation occurring during the course of official
business, to the same extent as a legislator or legislative
staff of this Commonwealth acting in a legislative capacity.
§ 2153. Powers and duties of commission.
(a) Powers and duties.--The commission, in accordance with
the rules and regulations of the commission, shall have the
powers to:
(1) Establish general policies and promulgate such rules
and regulations for the commission as are necessary to
administer this subchapter and Chapter 97 (relating to
sentencing).
(2) Utilize, with the consent of Federal, State, local
and private agencies and instrumentalities, the services,
equipment, personnel, information and facilities of the
Federal, State, local and private agencies and
instrumentalities with or without reimbursement.
(3) Enter into and perform such contracts, leases,
cooperative agreements and other transactions as may be
necessary in the conduct of the functions of the commission,
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with any public agency or with any person, firm, association,
corporation, educational institution or nonprofit
organization.
(4) Request such information, data and reports from any
officer or agency of the Commonwealth as the commission may
from time to time require and as may be produced consistent
with any other Federal or State law.
(5) Arrange with the head of any government unit for the
performance by the government unit of any function of the
commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and
testimony of witnesses and the production of any evidence
that relates directly to a matter with respect to which the
commission or any member thereof is empowered to make a
determination under this subchapter.
(7) Establish a research and development program within
the commission for the purpose of:
(i) Serving as a clearinghouse and information
center for the collection, preparation and dissemination
of information on Commonwealth sentencing, resentencing
and parole practices.
(ii) Assisting and serving in a consulting capacity
to the board, State courts, departments and agencies in
the development, maintenance and coordination of sound
sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from
studies, research and the empirical experience of public and
private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole
processes.
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(10) Collect systematically and disseminate information
concerning parole dispositions and sentences actually
imposed, including initial sentences and any subsequent
modification of sentences or resentences following revocation
or remand, and parole and reparole decisions by the board and
any other parole authority.
(11) Collect systematically and disseminate information
regarding effectiveness of parole dispositions and sentences
imposed.
(12) Make recommendations to the General Assembly
concerning modification or enactment of sentencing, parole
and correctional statutes which the commission finds to be
necessary and advisable to carry out an effective, humane and
rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and
disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
and parole dispositions imposed.
(14) Establish a program to systematically monitor
compliance with the guidelines, with the risk assessment
instrument, with recommitment ranges and with mandatory
sentencing laws to document eligibility for a release in
accordance with a county reentry plan, to document
eligibility for and imposition of recidivism risk reduction
incentive minimum sentences and to document all parole and
reparole decisions by the board and any other paroling
authority by:
(i) Promulgating forms which document the
application of sentencing, resentencing and parole
guidelines, mandatory sentencing laws, risk assessment
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instrument, releases in accordance with a county reentry
plan, recommitment ranges and recidivism risk reduction
incentive minimum sentences and collecting information on
all parole and reparole decisions by the board and any
other paroling authority.
(ii) Requiring the timely completion and electronic
submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for
sentencing, resentencing and parole, risk assessment
instrument and recommitment ranges following revocation, use
a correctional population simulation model to determine:
(i) Resources that are required under current
guidelines, risk assessment instrument and ranges.
(ii) Resources that would be required to carry out
any proposed changes to the guidelines, risk assessment
instrument and ranges.
(16) Report to the General Assembly on:
(i) implementation of revisions to the guidelines
under sections 2154 (relating to adoption of guidelines
for sentencing) and 2154.1 (relating to adoption of
guidelines for county intermediate punishment);
(ii) implementation and outcomes of justice
reinvestment funding to county probation;
(iii) use of court-imposed sanctions for violation
of probation under section 9771.1 (relating to court-
imposed sanctions for offenders violating probation);
(iv) in consultation with the Office of the Budget
and the Department of Corrections, implementation of
short sentence parole under 61 Pa.C.S. § 6137.1 (relating
to short sentence parole), use of the State Drug
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Treatment Program under 61 Pa.C.S. Ch. 41 (relating to
State drug treatment program) and use of sanctions for
technical parole violations under 61 Pa.C.S. § 6138(c)
(1.2) (relating to violation of terms of parole); and
(v) evaluations of the effectiveness and cost-
benefit of various criminal justice interventions and
programming, including restrictive conditions of
probation, recidivism risk reduction incentive programs,
the State Drug Treatment Program, the State Motivational
Boot Camp Program, pretrial diversion programs, prisoner
treatment programs and prison reentry programs. For
evaluations of the effectiveness and cost-benefit of a
program in reducing recidivism, the commission shall
report on:
(A) The number of individuals eligible for the
program, the number of individuals participating in
the program and the number of individuals who
successfully completed the program during the period
under study.
(B) The recidivism rates for participants of the
program and for a comparison group of individuals who
did not participate in the program.
(C) Potential changes in the program that the
commission believes would make the program more
effective.
(D) Any other information the commission deems
relevant.
(b) Annual reports.--The commission shall report annually to
the Governor, the General Assembly and the Administrative Office
of Pennsylvania Courts on the activities of the commission.
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(c) Additional powers and duties.--The commission shall have
such other powers and duties and shall perform such other
functions as may be necessary to carry out the purposes of this
subchapter or as may be provided under any other provision of
State law and may delegate to any commissioner or designated
person such powers as may be appropriate other than the power to
establish general policies, guidelines, rules and factors under
subsection (a)(1).
Section 2. Sections 2154 and 2154.1 of Title 42 are amended
to read:
§ 2154. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for
sentencing within the limits established by law which shall be
considered by the sentencing court in determining the
appropriate sentence for defendants who plead guilty or nolo
contendere to, or who were found guilty of, felonies and
misdemeanors. In adopting guidelines, the commission shall
recommend confinement that is consistent with the protection of
the public, the gravity of the offense as it relates to the
impact on the life of the victim and the community and the
rehabilitative needs of the offender. The guidelines shall
rehabilitative needs of the offender.
(b) Factors.--The guidelines shall address the following
retributive factors:
(1) Seriousness of the offense, by specifying the range
of sentences applicable to crimes of a given degree of
gravity[, including incapacitation of serious violent
offenders].
(2) Criminal history, by specifying a range of sentences
of increased severity or intensity of intervention for
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offenders previously convicted of or adjudicated delinquent
for one or more misdemeanor or felony offenses committed
prior to the current offense. The commission may exclude or
reduce the valuation of less serious offenses and increase
the valuation of offenses committed while under supervision
or in a temporal or offense pattern.
(3) Criminal behavior, by specifying a range of
sentences of increased severity or intensity of intervention
for offenders [who pose a substantial risk to public safety]
with increased culpability , including those who possessed or
used a deadly weapon or inflicted substantial harm during the
commission of the current conviction offense.
(4) Aggravated and mitigated ranges, by specifying
variations from the range of sentences applicable on account
of aggravating or mitigating circumstances.
(5) The impact of any amendments to section 9756
(relating to sentence of total confinement).
[(b)] (c) Adjustments.--The guidelines shall include the
following risk-related adjustments:
(1) Incapacitation of serious violent offenders.
(2) Modifications to criminal history to reflect risk to
reoffend and substantial risk to public safety to adjust the
length of total confinement for more serious criminal
history.
(3) Recommendations related to the use of county
intermediate punishment programs as restrictive conditions of
probation , the duration of terms of probation and maximum
terms of total and partial confinement and the use of
aggregate sentences. AND THE DURATION OF TERMS OF PROBATION.
(d) Probation guidelines.--The guidelines shall address the
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use of county intermediate punishment programs as restrictive
conditions of probation and the duration of terms of probation.
(c) (e) Interactive information.--The guidelines shall
include interactive information to support decisions with risk ,
and recidivism and cost information.
(d) (f) 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:
"Possessed." On a defendant's person or within the
defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any
finding of guilt or adjudication of delinquency, whether or not
sentence has been imposed or disposition ordered prior to the
commission of the current offense.
§ 2154.1. Adoption of guidelines for [county intermediate
punishment] restrictive conditions.
(a) General rule.--The commission shall adopt guidelines to
identify offenders who would be eligible and appropriate for
[participation in county intermediate punishment programs]
restrictive conditions of probation. These guidelines shall be
considered by the sentencing court in determining whether to
[sentence an offender] impose restrictive conditions pursuant to
section 9763 (relating to [sentence of county intermediate
punishment] conditions of probation). The guidelines shall[:
(1) Use the description of "eligible offender" provided
in Chapter 98 (relating to county intermediate punishment).
(2) Give] give primary consideration to reducing
recidivism for the protection of the public safety.
(b) Compliance.--The commission shall certify compliance by
each county with guidelines adopted by the commission for county
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intermediate punishment or for imposing restrictive conditions
of probation and with related statutory requirements and section
9728(g.1) (relating to collection of restitution, reparation,
fees, costs, fines and penalties) and report the results to the
Pennsylvania Commission on Crime and Delinquency.
Section 3. Section 2154.2 of Title 42 is repealed:
[§ 2154.2. Adoption of guidelines for State intermediate
punishment.
The commission shall adopt guidelines to identify offenders
who would be appropriate for participation in State intermediate
punishment programs. These guidelines shall be considered by the
attorney for the Commonwealth and the sentencing court in
determining whether to commit a defendant for evaluation and
whether to sentence an eligible offender pursuant to 61 Pa.C.S.
Ch. 41 (relating to State intermediate punishment). The
guidelines shall:
(1) Use the description of "eligible offender" provided
in 61 Pa.C.S. Ch. 41.
(2) Give primary consideration to protection of the
public safety.]
Section 4. Sections 2154.7(d), 8127(b), 9718, 9721(a), (a.1)
and (b), 9728(a)(2) and (b)(5), 9730, 9754, 9755(d) and (h),
9756(c.1), 9763 heading, (a), (b)(14) (b)(1), (2), (8), (10),
(14), (16) and (17), (c) and (d), 9764(f), 9771(a) and (b) and
9771.1 of Title 42 are amended to read:
§ 2154.7. Adoption of risk assessment instrument.
* * *
(d) Alternative sentencing.--Subject to the eligibility
requirements of each program, the risk assessment instrument may
be an aide to help determine:
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(1) for persons under supervision, intensity of
intervention, use of restrictive conditions and duration of
supervision; and
(2) appropriate candidates for alternative sentencing,
including the recidivism risk reduction incentive, State [and
county intermediate punishment programs] drug treatment §
8127. Personal earnings exempt from process.
* * *
(b) Priority.--An order of attachment for support shall have
first priority and an order described in subsection (a)(5) shall
have second priority over any other attachment, execution,
garnishment or wage assignment.
* * *
§ 9718. Sentences for offenses against infant persons.
(a) Mandatory sentence.--
(1) A person convicted of the following offenses when
the victim is less than 16 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
assault) - not less than two years.
18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
to rape) - not less than ten years.
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse) - not less than ten years.
18 Pa.C.S. § 3125(a)(1) through (6) (relating to
aggravated indecent assault) - not less than five years.
(2) A person convicted of the following offenses when
the victim is less than 13 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2502(c) (relating to murder) - not less than
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15 years.
18 Pa.C.S. § 2702(a)(1) - not less than five years.
(3) A person convicted of the following offenses shall
be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 3121(c) and (d) - not less than ten years.
18 Pa.C.S. § 3125(a)(7) - not less than five years.
18 Pa.C.S. § 3125(b) - not less than ten years.
(b) Eligibility for parole.--Parole shall not be granted
until the minimum term of imprisonment has been served.
(c) [Proof at sentencing.--The provisions of this section
shall not be an element of the crime, and notice of the
provisions of this section to the defendant shall not be
required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. The
applicability of this section shall be determined at sentencing.
The court shall consider any evidence presented at trial and
shall afford the Commonwealth and the defendant an opportunity
to present any necessary additional evidence and shall
determine, by a preponderance of the evidence, if this section
is applicable.] Application of mandatory minimum penalty.--With
the exception of prior convictions, any provision of this
section that requires imposition of a mandatory minimum sentence
shall constitute an element enhancing the underlying offense.
Any enhancing element must be proven beyond a reasonable doubt
at trial on the underlying offense and must be submitted to the
fact-finder for deliberation together with the underlying
offense. If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall also decide whether
any enhancing element has been proven.
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(c.1) Notice.--Notice to the defendant of the applicability
of this section shall be required prior to conviction.
(d) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place the offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(e) Appeal by Commonwealth.--[If a sentencing court
refuses to apply this section where applicable, the
Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall
vacate the sentence and remand the case to the sentencing
court for imposition of a sentence in accordance with this
section if it finds that the sentence was imposed in
violation of this section.] If the fact-finder has found any
enhancing element and a sentencing court imposes a sentence
below the mandatory minimum sentence, the Commonwealth shall
have the right to appellate review of the sentence. If the
appellate court finds that the mandatory sentencing provision
was applicable, the court shall vacate the sentence and
remand the case for resentencing in accordance with that
provision. program and State motivational boot camps.
* * *
§ 9721. Sentencing generally.
(a) General rule.--In determining the sentence to be imposed
the court shall, except as provided in subsection (a.1),
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consider and select one or more of the following alternatives,
and may impose them consecutively or concurrently:
(1) An order of probation.
(2) A determination of guilt without further penalty.
(3) Partial confinement.
(4) Total confinement.
(5) A fine.
[(6) County intermediate punishment.
(7) State intermediate punishment.]
(a.1) Exception.--
(1) Unless specifically authorized under section 9763
(relating to [a sentence of county intermediate punishment)
or 61 Pa.C.S. Ch. 41 (relating to State intermediate
punishment)] conditions of probation), subsection (a) shall
not apply where a mandatory minimum sentence is otherwise
provided by law.
(2) [An eligible offender may be sentenced to State
intermediate punishment pursuant to subsection (a)(7) and as
described in 61 Pa.C.S. Ch. 41 or to] A person may be
eligible for the State drug treatment program or State
motivational boot camp as described in 61 Pa.C.S. Ch. 39
(relating to motivational boot camp), even if a mandatory
minimum sentence would otherwise be provided by law.
(3) An eligible [offender] person may be sentenced to
total confinement pursuant to subsection (a)(4) and a
recidivism risk reduction incentive minimum sentence pursuant
to section 9756(b.1) (relating to sentence of total
confinement), even if a mandatory minimum sentence would
otherwise be provided by law.
(b) General standards.--In selecting from the alternatives
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set forth in subsection (a), the court shall follow the general
principle that the sentence imposed should call for total
confinement that is consistent with section 9725 (relating to
total confinement) and the protection of the public, the gravity
of the offense as it relates to the impact on the life of the
victim and on the community, and the rehabilitative needs of the
defendant. The court shall also consider any guidelines for
sentencing and resentencing adopted by the Pennsylvania
Commission on Sentencing and taking effect under section 2155
(relating to publication of guidelines for sentencing,
resentencing and parole, risk assessment instrument and
recommitment ranges following revocation). In every case in
which the court imposes a sentence for a felony or misdemeanor,
modifies a sentence, resentences [an offender] a person
following revocation of probation[, county intermediate
punishment or State intermediate punishment] or resentences
following remand, the court shall make as a part of the record,
and disclose in open court at the time of sentencing, a
statement of the reason or reasons for the sentence imposed. In
every case where the court imposes a sentence or resentence
outside the guidelines adopted by the Pennsylvania Commission on
Sentencing under sections 2154 (relating to adoption of
guidelines for sentencing), 2154.1 (relating to adoption of
guidelines for [county intermediate punishment), 2154.2
(relating to adoption of guidelines for State intermediate
punishment)] restrictive conditions), 2154.3 (relating to
adoption of guidelines for fines), 2154.4 (relating to adoption
of guidelines for resentencing) and 2154.5 (relating to adoption
of guidelines for parole) and made effective under section 2155,
the court shall provide a contemporaneous written statement of
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the reason or reasons for the deviation from the guidelines to
the commission, as established under section 2153(a)(14)
(relating to powers and duties). Failure to comply shall be
grounds for vacating the sentence or resentence and resentencing
the defendant.
* * *
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
(a) General rule.--
* * *
(2) In accordance with section 9730.1 (relating to
collection of court costs, restitution and fines by private
collection agency), the collection of restitution,
reparation, fees, costs, fines and penalties under this
section may be referred to a private collection agency. Any
county that does not engage the services of a private
collection agency shall operate a collections enforcement
unit consistent with the provisions of paragraph (1) and
dedicated to carrying out the duties therein provided.
Statistical information relating to the amount of restitution
collected by the county probation department or any agent
designated by the county commissioners of the county with the
approval of the president judge of the county shall be [made
available] provided to the Pennsylvania Commission on Crime
and Delinquency and Pennsylvania Commission on Sentencing on
an annual basis. The statistical information shall be
sufficiently detailed so as to show compliance with the
requirements of this section, including subsection (g.1).
(b) Procedure.--
* * *
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(5) Deductions shall be as follows:
(i) The [county correctional facility to which the
offender has been sentenced or the] Department of
Corrections shall [be authorized to] make monetary
deductions [from] of at least 25% of deposits made to
inmate wages and personal accounts for the purpose of
collecting restitution [or], costs imposed under section
9721(c.1), filing fees to be collected under section
6602(c) (relating to prisoner filing fees) and any other
court-ordered obligation. [or costs imposed under section
9721(c.1). Any amount deducted shall be transmitted by
the Department of Corrections or the county correctional
facility to the probation department of the county or
other agent designated by the county commissioners of the
county with the approval of the president judge of the
county in which the offender was convicted. The
Department of Corrections shall develop guidelines
relating to its responsibilities under this paragraph.]
(ii) The county correctional facility to which the
offender has been sentenced shall:
(A) Be authorized to make monetary deductions
from inmate wages and personal accounts for the
purpose of collecting restitution, costs imposed
under section 9721(c.1), filing fees to be collected
under section 6602(c) and any other court-ordered
obligation or fees owed to the county jail or prison
related to the inmate's incarceration.
(B) Deduct an amount sufficient to satisfy any
outstanding restitution, costs imposed under section
9721(c.1), filing fees to be collected under section
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6602(c) or other court-ordered obligations before
releasing funds on deposit.
(iii) Any amount deducted under this paragraph shall
be in addition to the full amount authorized to be
collected pursuant to any order for support. Any amount
deducted shall be transmitted to the probation department
of the county or other agent designated by the county
commissioners with the approval of the president judge of
the county in which the offender was convicted.
(iv) The Department of Corrections and each county
correctional facility shall develop guidelines relating
to its responsibilities under this paragraph. The
guidelines shall be incorporated into any contract
entered into with a correctional facility.
* * *
§ 9730. Payment of court costs, restitution and fines.
(a) [Use of credit cards] Method of payment.--The treasurer
of each county may allow the use of credit cards and bank cards
in the payment of court costs, restitution and fines[.] and may
provide for automatic periodic deductions from a bank account,
subject to the agreement of the owner of the account.
(a.1) Wage attachment.--A court may, at sentencing, assign
an amount not greater than 25% of the defendant's gross salary,
wages or other earnings to be used for the payment of court
costs, restitution or fines.
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of [a fine,]
court costs [or], restitution or fines after imposition of
sentence, the issuing authority or a senior judge or senior
magisterial district judge appointed by the president judge
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for the purposes of this section may conduct a hearing to
determine whether the defendant is financially able to pay.
(2) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
financially able to pay the [fine or] costs, restitution or
fine, the issuing authority, senior judge or senior
magisterial district judge may enter an order for wage
attachment, turn the delinquent account over to a private
collection agency or impose imprisonment for nonpayment, as
provided by law.
(3) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
without the financial means to pay the [fine or] costs,
restitution or fine immediately or in a single remittance,
the issuing authority, senior judge or senior magisterial
district judge may provide for payment in installments. In
determining the appropriate installments, the issuing
authority, senior judge or senior magisterial district judge
shall consider the defendant's financial resources, the
defendant's ability to make restitution and reparations and
the nature of the burden the payment will impose on the
defendant. If the defendant is in default of a payment or
advises the issuing authority, senior judge or senior
magisterial district judge that default is imminent, the
issuing authority, senior judge or senior magisterial
district judge may schedule a rehearing on the payment
schedule. At the rehearing the defendant has the burden of
proving changes of financial condition such that the
defendant is without the means to meet the payment schedule.
The issuing authority, senior judge or senior magisterial
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district judge may extend or accelerate the schedule, leave
it unaltered or sentence the defendant to a period of
community service as the issuing authority, senior judge or
senior magisterial district judge finds to be just and
practicable under the circumstances.
(4) A decision of the issuing authority, senior judge or
senior magisterial district judge under paragraph (2) or (3)
is subject to section 5105 (relating to right to appellate
review).
§ 9754. Order of probation.
(a) General rule.--In imposing an order of probation the
court shall specify at the time of sentencing the length of any
term during which the defendant is to be supervised, which term
may not exceed the maximum term for which the defendant could be
confined, and the authority that shall conduct the supervision.
The court shall consider probation guidelines adopted by the
Pennsylvania Commission on Sentencing under sections 2154
(relating to adoption of guidelines for sentencing) and 2154.1
(relating to adoption of guidelines for restrictive conditions).
(b) Conditions generally.--The court shall attach [such of
the reasonable conditions authorized by subsection (c) of this
section as it deems necessary to insure or assist the defendant
in leading a law-abiding life.
(c) Specific conditions.--The court may as a condition of
its order require the defendant:
(1) To meet his family responsibilities.
(2) To devote himself to a specific occupation or
employment.
(2.1) To participate in a public or nonprofit community
service program unless the defendant was convicted of murder,
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rape, aggravated assault, arson, theft by extortion,
terroristic threats, robbery or kidnapping.
(3) To undergo available medical or psychiatric
treatment and to enter and remain in a specified institution,
when required for that purpose.
(4) To pursue a prescribed secular course of study or
vocational training.
(5) To attend or reside in a facility established for
the instruction, recreation, or residence of persons on
probation.
(6) To refrain from frequenting unlawful or disreputable
places or consorting with disreputable persons.
(7) To have in his possession no firearm or other
dangerous weapon unless granted written permission.
(8) To make restitution of the fruits of his crime or to
make reparations, in an amount he can afford to pay, for the
loss or damage caused thereby.
(9) To remain within the jurisdiction of the court and
to notify the court or the probation officer of any change in
his address or his employment.
(10) To report as directed to the court or the probation
officer and to permit the probation officer to visit his
home.
(11) To pay such fine as has been imposed.
(12) To participate in drug or alcohol treatment
programs.
(13) To satisfy any other conditions reasonably related
to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom
of conscience.
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(14) To remain within the premises of his residence
during the hours designated by the court.] reasonable
conditions authorized by section 9763 (relating to conditions
of probation) as it deems necessary to ensure or assist the
defendant in leading a law-abiding life .
(d) Sentence following violation of probation.--The sentence
to be imposed in the event of the violation of a condition shall
not be fixed prior to a finding on the record that a violation
has occurred.
§ 9755. Sentence of partial confinement.
* * *
(d) Conditions to release.--The court may in addition
include in its order such of the conditions as are enumerated in
section [9754 (relating to order of probation)] 9763 (relating
to conditions of probation) as may be reasonably related to the
sentence.
* * *
(h) Sentence of partial confinement combined with [sentence
of county intermediate punishment] probation.--The court may
impose a sentence of partial confinement without parole under
this subsection only when:
(1) the period of partial confinement is followed
immediately by [a sentence] restrictive conditions of
probation imposed pursuant to section 9763 (relating to
[sentence of county intermediate punishment)] conditions of
probation) in which case the sentence of partial confinement
shall specify the number of days of partial confinement to be
served; and
(2) the maximum sentence of partial confinement imposed
on one or more indictments to run consecutively or
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concurrently total 90 days or less.
§ 9756. Sentence of total confinement.
* * *
(c.1) Sentence of total confinement combined with [sentence
of county intermediate punishment] probation.--The court may
impose a sentence of imprisonment without parole under this
subsection only when:
(1) the period of total confinement is followed
immediately by [a sentence] restrictive conditions of
probation imposed pursuant to section 9763(c) or (d)
(relating to [sentence of county intermediate punishment)]
conditions of probation) in which case the sentence of total
confinement shall specify the number of days of total
confinement also to be served; and
(2) the maximum sentence of total confinement imposed on
one or more indictments to run consecutively or concurrently
total 90 days or less.
* * *
§ 9763. [Sentence of county intermediate punishment] Conditions
of probation.
(a) General rule.--In imposing [a sentence of county
intermediate punishment] probation, the court shall consider
guidelines adopted by the Pennsylvania Commission on Sentencing
under section 2154 (relating to adoption of guidelines for
sentencing) or 2154.1 (relating to adoption of guidelines for
restrictive conditions) and specify at the time of sentencing
the conditions of probation, including the length of the term
[for which the defendant is to be in a county intermediate
punishment program established under Chapter 98 (relating to
county intermediate punishment) or a combination of county
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intermediate punishment programs. The term may not exceed the
maximum term for which the defendant could be confined and the
program to which the defendant is sentenced. The court may order
a defendant to serve a portion of the sentence under section
9755 (relating to sentence of partial confinement) or 9756
(relating to sentence of total confinement) and to serve a
portion in a county intermediate punishment program or a
combination of county intermediate punishment programs.] of
restrictive conditions under subsection (c) or (d). The term of
restrictive conditions under subsection (c) shall be equal to or
greater than the mandatory minimum term of imprisonment required
by statute.
(b) Conditions generally.--The court may attach any of the
following conditions upon the defendant as it deems necessary:
* * *
(1) To meet family responsibilities, including
consideration of child care responsibilities and limitations.
(2) To be devoted to a specific occupation [or],
employment or education initiative.
* * *
[(8) To refrain from frequenting unlawful or
disreputable places or consorting with disreputable persons.]
* * *
(10) To make restitution of the fruits of the crime or
to make reparations, in an affordable amount and on a
schedule that the defendant can afford to pay, for the loss
or damage caused by the crime.
* * *
(14) To participate in drug or alcohol screening and
treatment programs, including outpatient [and inpatient]
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programs.
* * *
[(16) To remain within the premises of the defendant's
residence during the hours designated by the court.
(17) To be subject to electronic monitoring.]
(c) [Restriction] Restrictive DUI probation conditions.--
(1) Any person receiving a penalty imposed pursuant to
75 Pa.C.S. § 1543(b) (relating to driving while operating
privilege is suspended or revoked), former 75 Pa.C.S. § 3731
(relating to driving under influence of alcohol or controlled
substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a
first, second or third offense under 75 Pa.C.S. Ch. 38
(relating to driving after imbibing alcohol or utilizing
drugs) may only [be sentenced to county intermediate
punishment] have probation imposed after undergoing an
assessment under 75 Pa.C.S. § 3814 (relating to drug and
alcohol assessments).
(2) If the defendant is determined to be in need of drug
and alcohol treatment, the defendant may only [be sentenced
to county intermediate punishment which] have probation that
includes participation in drug and alcohol treatment under 75
Pa.C.S. § 3815(c) (relating to mandatory sentencing). The
defendant [may only be sentenced to county intermediate
punishment in] shall have restrictive DUI probation
conditions of:
(i) a residential inpatient program or a residential
rehabilitative center;
(ii) house arrest with electronic surveillance;
(iii) a partial confinement program such as work
release, work camp and halfway facility; or
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(iv) any combination of the programs set forth in
this paragraph.
(3) If the defendant is determined not to be in need of
drug and alcohol treatment, the defendant [may only be
sentenced to county intermediate punishment in] shall have
restrictive DUI probation conditions of:
(i) house arrest with electronic surveillance;
(ii) partial confinement programs such as work
release, work camps and halfway facilities; or
(iii) any combination of the programs set forth in
this paragraph.
(4) If the defendant is determined to be in need of
additional treatment under 75 Pa.C.S. § 3814(2), the judge
shall impose a minimum sentence as provided by law and a
maximum sentence equal to the statutorily available maximum.
A sentence to the statutorily available maximum imposed under
this subsection may, in the discretion of the sentencing
court, be ordered to be served in a county prison,
notwithstanding the provisions of section 9762 (relating to
sentencing proceeding; place of confinement).
(d) [Sentence following violation of condition.--The
sentence to be imposed in the event of the violation of a
condition under subsection (b) shall not be imposed prior to a
finding on the record that a violation has occurred.
Notwithstanding any other provision of law requiring notice
prior to sentencing, in the event of a violation of a condition
under subsection (b), the attorney for the Commonwealth may file
notice at any time prior to resentencing of the Commonwealth's
intention to proceed under an applicable provision of law
requiring a mandatory minimum sentence.] Restrictive conditions
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of probation.--Probation may include restrictive conditions
that:
(1) house the person full time or part time, including
inpatient treatment; or
(2) significantly restrict the person's movement and
monitor the person's compliance with the program, including
electronic monitoring or home confinement.
§ 9764. Information required upon commitment and subsequent
disposition.
* * *
(f) Release from county correctional facility to State
probation or parole.--
(1) Prior to the release of an inmate from a county
correctional facility to State probation or parole
supervision, the facility shall provide to the Department of
Corrections and the Pennsylvania Board of Probation and
Parole the information contained in subsections [(a)(1)
through (4)] (a) and (b) with the exception of subsection (a)
(5).
(2) Prior to the release of an inmate from a county
correctional facility to State probation or parole
supervision, the facility shall provide to the inmate his
current medications as prescribed and any customary and
necessary medical supplies as determined by the prescribing
physician.
* * *
§ 9771. Modification or revocation of order of probation.
(a) General rule.--The court [may] has inherent power to at
any time terminate continued supervision or lessen [or increase]
the conditions upon which an order of probation has been
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imposed.
(b) Revocation.--The court may increase the conditions,
impose a brief sanction under section 9771.1 (relating to court-
imposed sanctions for violating probation) or revoke an order of
probation upon proof of the violation of specified conditions of
the probation or if the person presents an identifiable threat
to public safety. Upon revocation the sentencing alternatives
available to the court shall be the same as were available at
the time of initial sentencing, due consideration being given to
the time spent serving the order of probation. The attorney for
the Commonwealth may file notice at any time prior to
resentencing of the Commonwealth's intention to proceed under an
applicable provision of law requiring a mandatory minimum
sentence.
* * *
§ 9771.1. Court-imposed sanctions for [offenders] violating
probation.
(a) Program.--Notwithstanding the provisions of section 9771
(relating to modification or revocation of order of probation),
the court of common pleas of a judicial district may establish a
program to impose swift, predictable and [immediate] brief
sanctions on [offenders] persons who violate their probation.
[(b) Coordination with other officials.--The court shall
work with probation administrators and officers, jail
administrators, prosecutors, public defenders and law
enforcement in the judicial district to develop and implement
the program.
(c) Eligibility.--
(1) The court shall determine which offenders are
eligible for and admitted into the program. The program shall
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focus on, but not be limited to, offenders who have committed
drug-related crimes.
(2) An offender shall be ineligible for the program if
the offender has been convicted or adjudicated delinquent of
a crime of violence as defined in section 9714 (relating to
sentences for second and subsequent offenses) or of a crime
requiring registration under Subchapter H (relating to
registration of sexual offenders).
(d) Warning hearing.--
(1) At the time of sentencing, the court shall hold a
warning hearing for each participant in the program to
clearly communicate program expectations and consequences and
to encourage the participant's compliance and success.
(2) The court shall emphasize the expectations that the
participant remain drug free and comply with any treatment or
services ordered by the court as a condition of the
participant's probation.
(3) The court shall put the participant on notice that
each probation violation, including missed appointments and
positive drug tests, will result in jail time as provided for
under subsection (g).
(e) Drug testing.--The program shall require, when
applicable, randomized drug testing.]
(f) Violation hearing.--If a participant commits a probation
violation, the participant shall promptly be arrested, and a
hearing shall be held no later than two business days after the
arrest date.
(g) Sanctions.--
(1) The court shall impose a term of imprisonment of up
to:
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