HB 150 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment and providing for modification of an imposed term of imprisonment for reasons of illness.

PRIOR PRINTER'S NO.

1386 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2066 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, WEBSTER, WAXMAN, KINKEAD, WARREN, HOHENSTEIN, MADDEN, DAVIDSON, GREEN,GREEN AND M.

JONES, CURRY,APRIL N.17, 2025 REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, repealing treatment and providing for modification of an imposed termal of imprisonment for reasons of illness.

NELSON, CONKLIN, POWELL, SALISBURY, FRANKEL, A.

BROWN, PIELLI, TAKAC, PARKER, DONAHUE, McCLINTON, MULLINS, CARROLL, HANBIDGE, SCOTT, FLEMING, BRIGGS, INGLIS, K.HARRIS AND KAZEEM, APRIL 17, 2025 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 1, 2025 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment and providing for modification of an imposed term of imprisonment for reasons of illness.

(vi) The hospital or long-term care nursing facility 20250HB0150PN2066 - 2 - has agreed to notify the department and the court of any material changes in the health status of the inmate, the 20250HB0150PN1386 - 2 - nature of the care provided or other information required by the department.

In making this determination, the sentencing court shall consider the inmate's institutional conduct record, whether the inmate 20250HB0150PN2066 - 3 - was ever convicted of a crime of violence, the length of time that the inmate has been imprisoned and any other 20250HB0150PN1386 - 3 - factors the sentencing court deems relevant.

An inmate taken into custody pursuant to an order 20250HB0150PN2066 - 4 - directing the inmate's detention or recommitment under this subsection shall be delivered to the nearest State 20250HB0150PN1386 - 4 - correctional institution pending a hearing on the matter.

(3) An entry of an order pursuant to this subsection temporarily deferring service of an inmate's sentence of confinement shall include a provision that the chief administrator or the prosecuting attorney may at any time petition the sentencing court seeking the issuance of a bench warrant directing that the inmate be recommitted to the 20250HB0150PN2066 - 5 - custody of the appropriate correctional institution if the circumstances under which the inmate was released change or 20250HB0150PN1386 - 5 - for previously unknown circumstances, including a change in the inmate's medical status, the inmate's risk of escape, the inmate's danger to the community or the nature of the medical or other care provided by the hospital, long-term care nursing facility or hospice care provider.

20250HB0150PN2066 - 6 - (d) Notice.-- (1) Any order entered under this section placing an 20250HB0150PN1386 - 6 - inmate in a hospital, long-term care nursing facility or hospice care location which provides care to persons who were not placed therein pursuant to an order entered under this section shall direct the individual in charge of the hospital, long-term care nursing facility or hospice care location to ensure that each person receiving care at, and each employee or contractor working in, the hospital, long- term care nursing facility or hospice care location is notified that the placement was ordered if it is foreseeable that the person, employee or contractor will come into contact with the inmate during the placement.

(f) Removal from placement.--If an inmate placed in a hospital, long-term care nursing facility or hospice care location pursuant to this chapter removes himself from the 20250HB0150PN2066 - 7 - hospital, long-term care nursing facility or hospice care location, the inmate shall be subject to arrest upon probable 20250HB0150PN1386 - 7 - cause and shall, upon conviction thereof, be guilty of criminal contempt.

"Sentencing court." The trial judge who most recently 20250HB0150PN2066 - 8 - sentenced an inmate or, if the trial judge is no longer serving as a judge of that court, the president judge of the county 20250HB0150PN1386 - 8 - court of common pleas.] Section 2.

(a) Authority of court.--The court that imposed a sentence <-- on a defendant or inmate may modify a term of imprisonment upon petition by the secretary, chief administrator of any other institution, the prosecuting attorney, the inmate or the court if either of the following conditions is satisfied:

(A)(b) AUTHORITYNotification OFand COURT.--THEdecision COURTrequirements.-- THAT(1) IMPOSEDIf Aa SENTENCEpetition <--for 20250HB0150PN2066sentence -modification 9is -filed ONby Aan DEFENDANTinmate ORunder INMATEsubsection MAY(a), MODIFYthe Ainmate TERMshall OFprovide IMPRISONMENTa UPON20250HB0150PN1386 PETITION- BY9 THE- SECRETARY,copy THEof CHIEFthe ADMINISTRATORpetition OFto ANYthe OTHERdepartment INSTITUTION,or THEother PROSECUTINGinstitution ATTORNEY,within THEseven INMATEbusiness ORdays THEof COURT,filing WHICHthe ESTABLISHESpetition. CLEAR AND CONVINCING PROOF THAT ANY OF THE FOLLOWING CONDITIONS ARE SATISFIED:

(1)(2) THEWithin DEFENDANTthree ORbusiness INMATEdays HASof BEENreceiving DIAGNOSEDthe BYinmate's Apetition TREATINGfor PROVIDERmodification ORunder PHYSICIANparagraph WITH(1), Aor TERMINALwithin ILLNESSthree THATbusiness WILLdays REDUCEof THEthe INDIVIDUAL'Sdepartment LIFEor EXPECTANCY.other institution filing a petition on behalf of an inmate under subsection (a), the department, other institution or the district attorney for the county where the conviction occurred shall, subject to any applicable confidentiality requirements, notify the Office of the Victim Advocate and any registered victim of the inmate's offense of the petition and the general reasons for the petition and provide an opportunity to respond to the court in writing within seven days.

(2) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A TREATING PROVIDER OR PHYSICIAN WITH A SERIOUS ILLNESS THAT RESULTS IN THE INABILITY TO INDEPENDENTLY PERFORM ONE OR MORE ACTIVITIES OF DAILY LIVING.

(3) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A TREATING PROVIDER OR PHYSICIAN WITH A LIFE-THREATENING ILLNESS THAT CAN BE MORE APPROPRIATELY TREATED OUTSIDE THE CORRECTIONAL FACILITY AND FOR WHICH THE MORE APPROPRIATE TREATMENT MAY PREVENT PREMATURE DEATH.

(4) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A TREATING PROVIDER OR PHYSICIAN WITH A SERIOUS FUNCTIONAL OR COGNITIVE IMPAIRMENT, OR WITH DETERIORATING PHYSICAL OR MENTAL HEALTH DUE TO THE AGING PROCESS, THAT RESULTS IN THE INABILITY TO INDEPENDENTLY PERFORM ONE OR MORE ACTIVITIES OF DAILY LIVING.

(b) Notification and decision requirements.-- (1) If a petition for sentence modification is filed by an inmate under subsection (a), the inmate shall provide a copy of the petition to the department or other institution within seven business days of filing the petition.

(2) Within three business days of receiving the inmate's petition for modification under paragraph (1), or within 20250HB0150PN2066 - 10 - three business days of the department or other institution filing a petition on behalf of an inmate under subsection (a), the department, other institution or the district attorney for the county where the conviction occurred shall, subject to any applicable confidentiality requirements, notify the Office of the Victim Advocate and any registered victim of the inmate's offense of the petition and the general reasons for the petition and provide an opportunity to respond to the court in writing within seven days.

(II) Inform the inmate's attorney, spouse or partner and family members that they may prepare and submit on the inmate's behalf a petition for sentence modification under subsection (a)(2)(a)(2). <-- (A).

<-- (III) Provide the inmate's medical records to the inmate and the inmate's attorney, spouse or partner or family member.

20250HB0150PN1386 - 10 - (B) No later than seven days after the date of the diagnosis, provide the inmate's spouse or partner and immediate or extended family members with an 20250HB0150PN2066 - 11 - opportunity to visit the inmate in person unless compelling reasons exist for denying the visit and the reasons are provided in writing.

(C) Upon request from the inmate or the inmate's attorney, spouse or partner or family members, ensure that the department or other institution employees assist the inmate in the preparation, drafting or submission of a petition for sentence modification under subsection (a)(2)(a)(2). (A).

<-- (ii) In the case of an inmate who is physically or mentally unable to prepare or file a petition for sentencing modification under subsection (a)(2)(a)(2): (A):

<-- (A) Inform the inmate's attorney, spouse or partner and family members that they may prepare and submit a petition for sentencing modification under subsection (a)(2)(a)(2). (A).

<-- (B) Upon request from the inmate, the inmate's attorney, spouse or partner or family members:

(I) Ensure that the department or other institution employee staff assist the inmate in the preparation, drafting and submission of a petition for sentence modification under subsection (a)(2)(a)(2). (A).

<-- (II) Within three days of the request, provide the inmate's medical records to the inmate, the inmate's attorney, spouse or partner or family members.

20250HB0150PN1386 - 11 - (iii) Ensure that all department or other institutional facilities regularly and visibly post, including in inmate handbooks, staff training materials 20250HB0150PN2066 - 12 - and facility law libraries and medical and hospice facilities, and make available to inmates upon demand, notice of:

<-- (A) Within 60 days of a petition made under subsection (a)(1).

(B) Within WITHIN 30 days of a petition made <-- under subsection (a)(2)(a)(2). (A).

<--20250HB0150PN1386 - 12 - (ii) Immediately provide a copy of the decision to the inmate, the inmates' attorney, the Office of Victim Advocate, the secretary, the chief administrator of any 20250HB0150PN2066 - 13 - other facility and any registered victim of the inmate's offense.

(4) In granting a petition under subsection (a), the court may impose any reasonable condition of release that might be imposed under a sentence of probation under section 20250HB0150PN1386 - 13 - 9754 (relating to order of probation) and any other condition specifically tailored to the circumstances giving rise to the order that is least restrictive of an inmate's liberty.

20250HB0150PN2066 - 14 - (5) An order granting or denying a petition under this section shall be a final order for the purposes of Pa.R.A.P.

(5) The number of petitions filed in court by the secretary, categorized by the criteria relied on as the 20250HB0150PN1386 - 14 - grounds for a modification in sentence and the final decision made in each petition.

(6) For each petition filed in court by the secretary 20250HB0150PN2066 - 15 - under subsection (a)(2)(a)(2), (A) BASED ON A DIAGNOSIS OF TERMINAL <-- ILLNESS, the time elapsed between the date the inmate was diagnosed with a terminal illness and the date the secretary filed the petition in court, categorized by the criteria relied on as the grounds for a modification in sentence and the final decision made in each petition.

"Chronic and debilitating physical or medical condition or <-- disease." The term includes a medical condition that is persistent or permanent, requires medication or ongoing care 20250HB0150PN1386 - 15 - from a physician or impairs a person's ability to perform routine daily tasks or self care.