Pennsylvania 2017-2018 Regular Session Status: Passed Senate 3 D cosponsors

SB 1071 — 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, 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 sentencing, further providing for sentencing generally, 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 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 evaluation and for reports; 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, further providing for violation of terms of parole and for parole procedure; and making conforming amendments.

Last action — Referred to JUDICIARY

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

57 added · 57 removed

Plain-language change summary

The recent amendment to Bill SB 1071 changed the term "increased culpability" to "increased capability." This shift in language is significant because it alters the focus from legal responsibility for actions to the potential for improved skills or services. This change could affect how individuals or organizations are viewed in terms of their ability to contribute positively, rather than being judged primarily on past actions.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
1526 PRINTER'S NO.
1526 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1555 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1071 2018 INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK AND BROWNE, MARCH 12, 2018 REFERRED TO JUDICIARY, MARCH 12, 2018 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, 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;
1071 2018 INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK AND BROWNE, MARCH 12, 2018 SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 19, 2018 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, 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;
and (v) evaluations of the effectiveness of various criminal justice interventions and programming, including restrictive conditions of probation, recidivism risk reduction incentive programs, State drug treatment 20180SB1071PN1555 - 2 - program, State motivational boot camp program, pretrial diversion programs, prisoner treatment programs and prisoner reentry programs.
and (v) evaluations of the effectiveness of various criminal justice interventions and programming, including restrictive conditions of probation, recidivism risk reduction incentive programs, State drug treatment 20180SB1071PN1526 - 2 - program, State motivational boot camp program, pretrial diversion programs, prisoner treatment programs and prisoner reentry programs.
(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 20180SB1071PN1555 - 3 - misdemeanors.
(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 20180SB1071PN1526 - 3 - misdemeanors.
(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 capability CULPABILITY, including those who <-- possessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense.
(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 capability, including those who possessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense.
(b) Adjustments.--The guidelines shall include the following 20180SB1071PN1555 - 4 - risk-related adjustments:
(b) Adjustments.--The guidelines shall include the following 20180SB1071PN1526 - 4 - risk-related adjustments:
These guidelines shall be considered by the sentencing court in determining whether to 20180SB1071PN1555 - 5 - [sentence an offender] impose restrictive conditions pursuant to section 9763 (relating to [sentence of county intermediate punishment] conditions of probation).
These guidelines shall be considered by the sentencing court in determining whether to 20180SB1071PN1526 - 5 - [sentence an offender] impose restrictive conditions pursuant to section 9763 (relating to [sentence of county intermediate punishment] conditions of probation).
Sections 2154.7(d), 9721(a), (a.1) and (b), 9754, 9755(d) and (h), 9756(c.1), 9763(a), (b)(14), (16) and (17), (c) 20180SB1071PN1555 - 6 - and (d), 9764(f), 9771(a) and (b) and 9771.1 of Title 42 are amended to read:
Sections 2154.7(d), 9721(a), (a.1) and (b), 9754, 9755(d) and (h), 9756(c.1), 9763(a), (b)(14), (16) and (17), (c) 20180SB1071PN1526 - 6 - and (d), 9764(f), 9771(a) and (b) and 9771.1 of Title 42 are amended to read:
(7) State intermediate punishment.] (a.1) Exception.-- (1) Unless specifically authorized under section 9763 (relating to [a sentence of county intermediate punishment) 20180SB1071PN1555 - 7 - or 61 Pa.C.S.
(7) State intermediate punishment.] (a.1) Exception.-- (1) Unless specifically authorized under section 9763 (relating to [a sentence of county intermediate punishment) 20180SB1071PN1526 - 7 - or 61 Pa.C.S.
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 20180SB1071PN1555 - 8 - recommitment ranges following revocation).
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 20180SB1071PN1526 - 8 - recommitment ranges following revocation).
(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 20180SB1071PN1555 - 9 - confined, and the authority that shall conduct the supervision.
(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 20180SB1071PN1526 - 9 - confined, and the authority that shall conduct the supervision.
20180SB1071PN1555 - 10 - (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.
20180SB1071PN1526 - 10 - (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.
* * * (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 20180SB1071PN1555 - 11 - sentence.
* * * (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 20180SB1071PN1526 - 11 - sentence.
and (2) the maximum sentence of total confinement imposed on 20180SB1071PN1555 - 12 - one or more indictments to run consecutively or concurrently total 90 days or less.
and (2) the maximum sentence of total confinement imposed on 20180SB1071PN1526 - 12 - one or more indictments to run consecutively or concurrently total 90 days or less.
* * * 20180SB1071PN1555 - 13 - (14) To participate in drug or alcohol screening and treatment programs, including outpatient [and inpatient] programs.
* * * 20180SB1071PN1526 - 13 - (14) To participate in drug or alcohol screening and treatment programs, including outpatient [and inpatient] programs.
20180SB1071PN1555 - 14 - (iii) a partial confinement program such as work release, work camp and halfway facility;
20180SB1071PN1526 - 14 - (iii) a partial confinement program such as work release, work camp and halfway facility;
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 20180SB1071PN1555 - 15 - intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.] Restrictive conditions of probation.--Probation may include restrictive conditions that:
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 20180SB1071PN1526 - 15 - intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.] Restrictive conditions of probation.--Probation may include restrictive conditions that:
(a) General rule.--The court [may] has inherent power to at 20180SB1071PN1555 - 16 - any time terminate continued supervision or lessen [or increase] the conditions upon which an order of probation has been imposed.
(a) General rule.--The court [may] has inherent power to at 20180SB1071PN1526 - 16 - any time terminate continued supervision or lessen [or increase] the conditions upon which an order of probation has been imposed.
(c) Eligibility.-- (1) The court shall determine which offenders are 20180SB1071PN1555 - 17 - eligible for and admitted into the program.
(c) Eligibility.-- (1) The court shall determine which offenders are 20180SB1071PN1526 - 17 - eligible for and admitted into the program.
(g) Sanctions.-- (1) The court shall impose a term of imprisonment of up 20180SB1071PN1555 - 18 - to:
(g) Sanctions.-- (1) The court shall impose a term of imprisonment of up 20180SB1071PN1526 - 18 - to:
(2) The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of 20180SB1071PN1555 - 19 - imprisonment or other sanctions or conditions provided for under subsection (g).
(2) The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of 20180SB1071PN1526 - 19 - imprisonment or other sanctions or conditions provided for under subsection (g).
(a) General rule.--The court may at any time terminate a 20180SB1071PN1555 - 20 - sentence of State intermediate punishment pursuant to 61 Pa.C.S.
(a) General rule.--The court may at any time terminate a 20180SB1071PN1526 - 20 - sentence of State intermediate punishment pursuant to 61 Pa.C.S.
(2) When utilized in combination with restrictive intermediate punishments, restorative sanctions providing for 20180SB1071PN1555 - 21 - nonconfinement sentencing options that:
(2) When utilized in combination with restrictive intermediate punishments, restorative sanctions providing for 20180SB1071PN1526 - 21 - nonconfinement sentencing options that:
(2) [The Pennsylvania Commission on Sentencing shall employ the term "eligible offender" to further identify 20180SB1071PN1555 - 22 - offenders who would be appropriate for participation in county intermediate punishment programs.
(2) [The Pennsylvania Commission on Sentencing shall employ the term "eligible offender" to further identify 20180SB1071PN1526 - 22 - offenders who would be appropriate for participation in county intermediate punishment programs.
(iii) If the defendant is determined not to be in 20180SB1071PN1555 - 23 - need of drug and alcohol treatment or if the defendant receives a penalty imposed under 30 Pa.C.S.
(iii) If the defendant is determined not to be in 20180SB1071PN1526 - 23 - need of drug and alcohol treatment or if the defendant receives a penalty imposed under 30 Pa.C.S.
20180SB1071PN1555 - 24 - The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
20180SB1071PN1526 - 24 - The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
§ 3502 (relating to burglary) in the case of 20180SB1071PN1555 - 25 - burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present.
§ 3502 (relating to burglary) in the case of 20180SB1071PN1526 - 25 - burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present.
* * * [(e) Evaluation.--The department and the commission shall monitor and evaluate the motivational boot camp programs to 20180SB1071PN1555 - 26 - ensure that the programmatic objectives are met.
* * * [(e) Evaluation.--The department and the commission shall monitor and evaluate the motivational boot camp programs to 20180SB1071PN1526 - 26 - ensure that the programmatic objectives are met.
(2) A narcotic drug classified in Schedule I or Schedule II under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 100 20180SB1071PN1555 - 27 - grams.
(2) A narcotic drug classified in Schedule I or Schedule II under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 100 20180SB1071PN1526 - 27 - grams.
§ 9721(a.1) (relating to sentencing generally), a defendant] person." 20180SB1071PN1555 - 28 - (1) A person who has not been designated by the sentencing court as ineligible and is a person convicted of a drug-related offense who:
§ 9721(a.1) (relating to sentencing generally), a defendant] person." 20180SB1071PN1526 - 28 - (1) A person who has not been designated by the sentencing court as ineligible and is a person convicted of a drug-related offense who:
(2) The term shall not include a [defendant] person who is subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon, as defined pursuant to law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, a [defendant] person who has been convicted or adjudicated delinquent of 20180SB1071PN1555 - 29 - any crime requiring registration under 42 Pa.C.S.
(2) The term shall not include a [defendant] person who is subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon, as defined pursuant to law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, a [defendant] person who has been convicted or adjudicated delinquent of 20180SB1071PN1526 - 29 - any crime requiring registration under 42 Pa.C.S.
* * * 20180SB1071PN1555 - 30 - Section 12.
* * * 20180SB1071PN1526 - 30 - Section 12.
If the person is not excluded from eligibility, the minimum sentence imposed shall operate as the minimum for parole eligibility purposes if the person is not placed in the program by the department under subsection (c) or if the 20180SB1071PN1555 - 31 - person is expelled from the program under section 4105(f) (relating to State drug treatment program).
If the person is not excluded from eligibility, the minimum sentence imposed shall operate as the minimum for parole eligibility purposes if the person is not placed in the program by the department under subsection (c) or if the 20180SB1071PN1526 - 31 - person is expelled from the program under section 4105(f) (relating to State drug treatment program).
(v) Any other information the court deems relevant to assist the department with its assessment of the defendant.] (b) Assessment of [addiction.-- 20180SB1071PN1555 - 32 - (1) The] addiction.--The department shall conduct an assessment of the addiction and other treatment needs of [a defendant] an eligible person and determine whether the [defendant] person would benefit from [a drug offender] the State drug treatment program.
(v) Any other information the court deems relevant to assist the department with its assessment of the defendant.] (b) Assessment of [addiction.-- 20180SB1071PN1526 - 32 - (1) The] addiction.--The department shall conduct an assessment of the addiction and other treatment needs of [a defendant] an eligible person and determine whether the [defendant] person would benefit from [a drug offender] the State drug treatment program.
[(d) Prerequisites for commitment.--Upon receipt of a 20180SB1071PN1555 - 33 - recommendation for placement in a drug offender treatment program from the department and agreement of the attorney for the Commonwealth, the court may sentence an eligible offender to a period of 24 months of State intermediate punishment if the court finds that:
[(d) Prerequisites for commitment.--Upon receipt of a 20180SB1071PN1526 - 33 - recommendation for placement in a drug offender treatment program from the department and agreement of the attorney for the Commonwealth, the court may sentence an eligible offender to a period of 24 months of State intermediate punishment if the court finds that:
(5) The court has otherwise complied with all other requirements for the imposition of sentence including victim notification under the act of November 24, 1998 (P.L.882, 20180SB1071PN1555 - 34 - No.111), known as the Crime Victims Act.] (f) Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible [offender] person to a consecutive period of probation.
(5) The court has otherwise complied with all other requirements for the imposition of sentence including victim notification under the act of November 24, 1998 (P.L.882, 20180SB1071PN1526 - 34 - No.111), known as the Crime Victims Act.] (f) Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible [offender] person to a consecutive period of probation.
The program shall be designed to address the individually assessed drug and alcohol 20180SB1071PN1555 - 35 - abuse and addiction needs of a participant and shall address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.
The program shall be designed to address the individually assessed drug and alcohol 20180SB1071PN1526 - 35 - abuse and addiction needs of a participant and shall address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.
During the outpatient addiction treatment period of the [drug offender treatment] program, the participant may be housed in a 20180SB1071PN1555 - 36 - community corrections center or group home or placed in an approved transitional residence.
During the outpatient addiction treatment period of the [drug offender treatment] program, the participant may be housed in a 20180SB1071PN1526 - 36 - community corrections center or group home or placed in an approved transitional residence.
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(2) This subsection shall be construed to provide the department with the maximum flexibility to administer the 20180SB1071PN1555 - 37 - State drug [offender] treatment program both as a whole and for individual participants.
(2) This subsection shall be construed to provide the department with the maximum flexibility to administer the 20180SB1071PN1526 - 37 - State drug [offender] treatment program both as a whole and for individual participants.
(2) The department shall promptly notify the court, the [defendant] participant, the attorney for the Commonwealth and the commission of the expulsion of a participant from the 20180SB1071PN1555 - 38 - State drug [offender] treatment program and the reason for such expulsion.
(2) The department shall promptly notify the court, the [defendant] participant, the attorney for the Commonwealth and the commission of the expulsion of a participant from the 20180SB1071PN1526 - 38 - State drug [offender] treatment program and the reason for such expulsion.
(2) The number of [offenders sentenced to] persons 20180SB1071PN1555 - 39 - placed into the State drug [offender] treatment program.
(2) The number of [offenders sentenced to] persons 20180SB1071PN1526 - 39 - placed into the State drug [offender] treatment program.
(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines 20180SB1071PN1555 - 40 - promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S.
(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines 20180SB1071PN1526 - 40 - promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S.
20180SB1071PN1555 - 41 - Received a criminal sentence pursuant to 42 Pa.C.S.
20180SB1071PN1526 - 41 - Received a criminal sentence pursuant to 42 Pa.C.S.
20180SB1071PN1555 - 42 - (b) Publication.--The department, the board and the commission shall make evaluations conducted under this section and underlying data available to the public.
20180SB1071PN1526 - 42 - (b) Publication.--The department, the board and the commission shall make evaluations conducted under this section and underlying data available to the public.
(v) The six-month, one-year, three-year and five- 20180SB1071PN1555 - 43 - year recidivism rates for inmates released at the recidivism risk reduction incentive minimum sentence.
(v) The six-month, one-year, three-year and five- 20180SB1071PN1526 - 43 - year recidivism rates for inmates released at the recidivism risk reduction incentive minimum sentence.
The proposed educational program plan shall be developed in consultation with the department, the commission, the board, the Pennsylvania District Attorneys Association, the victim advocate and representatives of the judiciary and the 20180SB1071PN1555 - 44 - criminal defense bar and other criminal justice stakeholders.
The proposed educational program plan shall be developed in consultation with the department, the commission, the board, the Pennsylvania District Attorneys Association, the victim advocate and representatives of the judiciary and the 20180SB1071PN1526 - 44 - criminal defense bar and other criminal justice stakeholders.
20180SB1071PN1555 - 45 - (a) Establishment.--The Pennsylvania [Board of Probation and] Parole Board is an independent administrative board for the administration of the [probation and] parole laws of this Commonwealth.
20180SB1071PN1526 - 45 - (a) Establishment.--The Pennsylvania [Board of Probation and] Parole Board is an independent administrative board for the administration of the [probation and] parole laws of this Commonwealth.
(2) The terms of members of the committee who are appointed by virtue of holding an office as a member of the General Assembly, judge, chief county probation officer or county commissioner shall continue only so long as that 20180SB1071PN1555 - 46 - person remains in that office.
(2) The terms of members of the committee who are appointed by virtue of holding an office as a member of the General Assembly, judge, chief county probation officer or county commissioner shall continue only so long as that 20180SB1071PN1526 - 46 - person remains in that office.
[(4) To collect, compile and publish statistical and 20180SB1071PN1555 - 47 - other information relating to probation and parole work in all courts and such other information the board may deem of value in probation service.
[(4) To collect, compile and publish statistical and 20180SB1071PN1526 - 47 - other information relating to probation and parole work in all courts and such other information the board may deem of value in probation service.
(2) The grant-in-aid shall provide 80% of the personnel 20180SB1071PN1555 - 48 - salary costs incurred by a county to administer these additional services and programs.
(2) The grant-in-aid shall provide 80% of the personnel 20180SB1071PN1526 - 48 - salary costs incurred by a county to administer these additional services and programs.
20180SB1071PN1555 - 49 - § 6137.5.
20180SB1071PN1526 - 49 - § 6137.5.
or (2) a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an 20180SB1071PN1555 - 50 - underlying felony charge.
or (2) a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an 20180SB1071PN1526 - 50 - underlying felony charge.
* * * (c) Technical violators.-- * * * (8) A parolee under the board's supervision who is alleged to have committed a technical parole violation may be 20180SB1071PN1555 - 51 - arrested and detained for a period not to exceed seven days, provided that either the parolee is detained on a 48-hour warrant or the parolee is brought before a hearing examiner within 48 hours to determine if the parolee shall be released or held for the remainder of the seven days or a shorter period.
* * * (c) Technical violators.-- * * * (8) A parolee under the board's supervision who is alleged to have committed a technical parole violation may be 20180SB1071PN1526 - 51 - arrested and detained for a period not to exceed seven days, provided that either the parolee is detained on a 48-hour warrant or the parolee is brought before a hearing examiner within 48 hours to determine if the parolee shall be released or held for the remainder of the seven days or a shorter period.
* * * (b) Reliance on reports.--In granting and revoking paroles and in discharging from parole, the members of the board acting thereon shall not be required to personally hear or see all the 20180SB1071PN1555 - 52 - witnesses and evidence submitted to them for their action, but they may act on the report submitted to them by their agents and employees, together with any pertinent and adequate information furnished to them by fellow members of the board or by others.
* * * (b) Reliance on reports.--In granting and revoking paroles and in discharging from parole, the members of the board acting thereon shall not be required to personally hear or see all the 20180SB1071PN1526 - 52 - witnesses and evidence submitted to them for their action, but they may act on the report submitted to them by their agents and employees, together with any pertinent and adequate information furnished to them by fellow members of the board or by others.
20180SB1071PN1555 - 53 -
20180SB1071PN1526 - 53 -
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Action History

  1. Referred to JUDICIARY

  2. Third consideration and final passage

  3. PN 1708 Amended on third consideration

  4. Re-reported as committed

  5. Re-referred to APPROPRIATIONS

  6. Second consideration

  7. First consideration

  8. PN 1555 Reported as amended

  9. PN 1526 Referred to JUDICIARY

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 246 not signed on · 8 voted No

Sponsors (1)

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Co-sponsors (6)

Not signed on (246)

246 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29000
Republican 13000
Democratic 7001
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Not Voting
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

SB 1071 PN 1555, A6463, LANGERHOLC AMENDMENT NO. A-6463

Failed 25 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 141600
Republican 11200
Democratic 0800
Total 252600
% of votes cast 49%51%0%0%
How each member voted (51)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Nay
BREWSTER — Nay
BROWNE — Nay
CORMAN — Yea
DINNIMAN — Nay
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Nay
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Nay
KILLION — Nay
LEACH — Nay
MCGARRIGLE — Nay
MCILHINNEY — Nay
MENSCH — Nay
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Nay
SCARNATI — Nay
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Nay
YUDICHAK — Nay
nay — Nay
Art Haywood Democratic Nay
Christine M. Tartaglione Democratic Nay
Jay Costa Democratic Nay
Judith L. Schwank Democratic Nay
Lisa M. Boscola Democratic Nay
Sharif Street Democratic Nay
Vincent J. Hughes Democratic Nay
Wayne D. Fontana Democratic Nay
Camera Bartolotta Republican Nay
Daniel Laughlin Republican Yea
David G. Argall Republican Nay
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (APPROPRIATIONS): Re-Reported as Committed

Passed 25 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 5100
Unaffiliated 14000
Democratic 6000
Total 25100
% of votes cast 96%4%0%0%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Lisa Baker Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Nay

Official roll call →

Committee vote (JUDICIARY): Reported as Amended

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Republican 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
ALLOWAY — Yea
EICHELBERGER — Yea
FARNESE — Yea
GORDNER — Yea
LEACH — Yea
RAFFERTY — Yea
RESCHENTHALER — Yea
SABATINA — Yea
VULAKOVICH — Yea
GREENLEAF — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Lisa M. Boscola Democratic Yea
Gene Yaw Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 1071?
SB 1071 is sponsored by Greenleaf, Vincent J. Hughes (Democratic), Leach, Judith L. Schwank (Democratic), Yudichak, Browne, and Sharif Street (Democratic).
What is the current status of SB 1071?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1071?
Track SB 1071 free on One Click Politics — get push/email alerts when it moves.

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