SB 838 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for order of probation, for conditions of probation and for modification or revocation of order of probation and providing for probation review conference.

HOUSE AMENDED PRINTER'S993, NO.1113NTER'S NOS.

1113934, PRIOR940, 973, PRINTER'S NOS.NO.

934,1289 940, 973, 993 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2023 No.

838 2023 INTRODUCED BY BAKER, BARTOLOTTA, A.

WILLIAMS, HAYWOOD, KANE, DILLON, SANTARSIERO, STEFANO, ROTHMAN, COSTA, BREWSTER, STREET AND CAPPELLETTI, JUNE 21, 2023 AS AMENDEDREPORTED ONFROM SECONDCOMMITTEE CONSIDERATION,ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, SEPTEMBERAS 26,AMENDED, DECEMBER 12, 2023 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvaniaproviding Consolidatedfor Statutes,order inof sentencing,probation, furtherfor conditions of probation and for modification or revocation of order of probation andnand providing for probation review conference.

* * * (11) To [be subject to intensive supervision while remaining within the jurisdiction of the court and to] notify the court or designated person of any change in address or employment[.] within 72 hours, unless the defendant provides <-- sufficient proof of extenuating circumstances to explain the delay.

*WITHIN *15 *DAYS, SectionUNLESS 3.THE DEFENDANT PROVIDES <-- SUFFICIENT PROOF OF EXTENUATING CIRCUMSTANCES TO EXPLAIN THE DELAY.

Section20230SB0838PN1289 9771(a),- (b)2 and- (c)* of* Title* 42Section are3. amended and the section is amended by adding a subsection to 20230SB0838PN1113 - 2 - read:

Section 9771(a), (b) and (c) of Title 42 are amended and the section is amended by adding a subsection to read:

(b.1) Nonpayment of fines or costs.--Notwithstanding subsection (b), the court may not extend the period of probation, may not impose a brief sanction under section 9771.1 and may not revoke an order of probation solely due to nonpayment of fines or costs unless the court finds, with respect to the payment of fines, the defendant is financially 20230SB0838PN1289 - 3 - able to pay the fines and has willfully refused to do so.

(c) Limitation on sentence of total confinement.--[The court shall not impose a sentence of total confinement upon revocation 20230SB0838PN1113 - 3 - unless it finds that:

(B) The technical violation involved assaultive behavior or included a credible threat to cause bodily injury to another, including acts committed 20230SB0838PN1289 - 4 - against a family or household member.

20230SB0838PN1113 - 4 - (D) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) If a court imposes a sentence of total confinement following a revocation, the basis of which is for one or more technical violations under paragraph (1)(ii) or (iii), the defendantCOURT shallSHALL beCONSIDER sentencedTHE asEMPLOYMENT follows:STATUS OF THE DEFENDANT.

<-- THE defendant shall be sentenced as follows:

20230SB0838PN1289 - 5 - (iii) For a third or subsequent technical violation, the court may impose any sentencing alternatives available at the time of initial sentencing.

(iv) The court shall consider allowing the term of 20230SB0838PN1113<-- - 5 - incarceration to be served on weekends or other nonwork days for employed probationers who have committed a first or second technical violation.

(v) (IV) The time limitations contained in this <-- paragraph shall not apply to the extent that a reasonable term of additional total confinement, not to exceed 30 days, is necessary to allow a defendant to either be evaluated for or to participate in:

(b) Eligibility for review conference.--Except as otherwise 20230SB0838PN1289 - 6 - provided in this section, a defendant shall be eligible for an initial probation review conference as follows:

(1) If the offense for which a sentence of probation was imposed was a misdemeanor, the defendant shall be eligible 20230SB0838PN1113 - 6 - for an initial probation review conference after completing two years of probation or 50% of the probation sentence, whichever is sooner.

(iii) The offenses for which the sentence or sentences were imposed are based on separate conduct and 20230SB0838PN1289 - 7 - arose from separate criminal episodes, the defendant shall be eligible for a probation review conference after completing four years of probation or 50% of the aggregate probation sentence, whichever is sooner.

20230SB0838PN1113 - 7 - (4) A defendant sentenced to a period of probation consecutive to a period of incarceration in a State correctional institution shall be eligible for an initial probation review conference 12 months prior to the date that the defendant would otherwise be eligible for a probation review conference under this subsection if the defendant completed the final 12 months of State parole supervision without violating the terms and conditions of the defendant's parole.

(ii) Earns an associate degree from an accredited university, college, seminary college, community college 20230SB0838PN1289 - 8 - or two-year college.

(iv) Earns a master's or other graduate degree from 20230SB0838PN1113 - 8 - an accredited university, college or seminary college.

THE PENNSYLVANIA 20230SB0838PN1289 - 9 - COMMISSION ON CRIME AND DELINQUENCY SHALL DEVELOP STANDARDS PURSUANT TO THIS PARAGRAPH.

(d) Probation status report.--No later than 30 days prior to the date the defendant is otherwise entitled to a probation 20230SB0838PN1113 - 9 - review conference under subsection (b) or (c), the probation office responsible for the supervision of the defendant shall complete and submit a probation status report to the defendant, THE DEFENDANT'S LAST COUNSEL OF RECORD, the court, AND, the <-- Commonwealth and any victim registered with <-- either the <-- Pennsylvania Office of Victim Advocate or a county victim witness program AND ANY VICTIM REGISTERED WITH EITHER THE <-- PENNSYLVANIA OFFICE OF VICTIM ADVOCATE OR A COUNTY VICTIM WITNESS PROGRAM.

20230SB0838PN1289 - 10 - (i) the defendant's probation be terminated at or before the date the probation office believes the defendant is eligible for a probation review conference;

or 20230SB0838PN1113 - 10 - (iii) the defendant should continue on probation under different, reduced or increased terms and conditions.

The court shall enter an order memorializing the recommendation contained in the probation status report and so notify the 20230SB0838PN1289 - 11 - defendant, the Commonwealth and any victim registered with either the Pennsylvania Office of Victim Advocate or a county victim witness program.

The court may enter the order even if the defendant's probation, sentence or plea of guilty was the result of an agreement between the Commonwealth and the 20230SB0838PN1113 - 11 - defendant.

or (iii) by a preponderance of the evidence that the defendant has failed to pay the total restitution owed by 20230SB0838PN1289 - 12 - the defendant.

20230SB0838PN1113 - 12 - (3) If the court does not terminate probation at a probation review conference, the defendant shall receive written notice of the court's order detailing the court's findings.

20230SB0838PN1289 - 13 - (B) A technical violation that involved assaultive behavior or included a credible threat to cause bodily injury to another, including acts committed against a family or household member.

(C) A technical violation that involved 20230SB0838PN1113 - 13 - possession or control of a firearm or dangerous weapon.

(h) Failure to pay restitution.-- (1) If the court does not terminate probation at a 20230SB0838PN1289 - 14 - probation review conference solely because of the defendant's failure to pay restitution in full, the court shall order that the defendant be placed on administrative probation for the remaining balance of the defendant's probation sentence A <-- PERIOD NOT TO EXCEED THE DEFENDANT'S REMAINING BALANCE AT THE 20230SB0838PN1113 - 14 - TIME ADMINISTRATIVE PROBATION IS ASSIGNED if:

(3) an offense listed under Subchapter H (relating to 20230SB0838PN1289 - 15 - registration of sexual offenders) or I (relating to continued registration of sexual offenders) of Chapter 97;

or 20230SB0838PN1113 - 15 - (5) an offense under 18 Pa.C.S.

20230SB0838PN1289 - 16 - "Administrative probation." A term of imposed probation that:

(2) Requires a defendant to notify the court or the 20230SB0838PN1113 - 16 - designated person of any change in address or employment within a reasonable period of time.

20230SB0838PN1289 - 17 - (1) This act shall apply to individuals sentenced or resentenced on or after the effective date of this section.