Pennsylvania 2017-2018 Regular Session Status: Passed Senate 1 R cosponsors

SB 522 — 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 definitions and for publication of guidelines; in juvenile matters, further providing for inspection of court files and records; in particular rights and immunities, further providing for immunity of State parole officers and for immunity of program administrators and supervisors; in sentencing, further providing for dispositions of persons found guilty but mentally ill, for sentencing proceeding and place of confinement, for information required upon commitment and subsequent disposition, for transfer of inmates in need of medical treatment, for applicability, for registry, for initial registration, for duty to inform, for assessments, for administration, for global positioning system technology, for immunity for good faith conduct, for Pennsylvania State Police, for duties of probation and parole officials, for board and for annual performance audit; in preliminary provisions, further providing for definitions; in general administration, providing for powers of peace officers; in community corrections centers and community corrections facilities, further providing for definitions, for department, for offenders who may be housed, for authority of Commonwealth employees, for authority of chairman and for escape; providing for certain offenders residing in group-based homes and for reporting; further providing for probation and parole; in Pennsylvania Board of Probation and Parole, further providing for definitions, for administration, for Pennsylvania Board of Probation and Parole, for board chairperson, for board action, for meetings, for offices, for district directors, for district office employees, for disciplinary action, for political activities, for advisory committee, for certain offenders residing in group-based homes, for general powers of board, for specific powers of board, for probation services, for sentencing court, for general criteria for parole, for right of access to inmates, for parole power, for violation of terms of parole, for parole procedure, for victim statements, for general rules and special regulations, for early parole of inmates, for definitions, for status as peace officers and for supervisory relationship; providing for supervision of offenders and for agents; in county probation officers' firearm education and training, further providing for definitions, for County Probation Officers' Firearm Education and Training Commission, for commission membership, for powers and duties of commission, for training mandatory, for requirements for program participation and for the County Probation Officers' Firearm Education and Training Fund; in Interstate Compacts, further providing for Interstate Compacts, for deputization and for supervisions of persons paroled by other states; conferring powers and imposing duties on the Department of Corrections; providing for the transfer of functions, powers and duties; and providing for appropriations for the Office of Victim Advocate.

Last action — Referred to JUDICIARY

  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

3569 added · 3570 removed

Plain-language change summary

The amendments to Bill SB 522 include updates to several key areas regarding the Pennsylvania Board of Probation and Parole and the training requirements for county probation officers. Specific changes clarify terms and definitions related to probation procedures, the powers of the board, and the administration of community corrections facilities. This is important because it aims to enhance the effectiveness of the parole system and ensure better training for officers, which could lead to improved management of offenders and overall public safety.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
534 PRINTER'S NO.
534 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
812 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
522 2017 INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH, YUDICHAK, FOLMER, MARTIN AND BROWNE, MARCH 16, 2017 REFERRED TO JUDICIARY, MARCH 16, 2017 AN ACT Amending Titles 42 (Judiciary and Judicial Procedure) and 61 Statutes, in judicial boards and commissions, further providing for definitions and for publication of guidelines;
522 2017 INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH, YUDICHAK, FOLMER AND BROWNE, MARCH 16, 2017 SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MAY 8, AN ACT Ame(Prisons and Parole) of the Pennsylvania Consolidatedd 61 Statutes, in judicial boards and commissions, further providing for definitions and for publication of guidelines;
in county correctional institutions, further providing for further providing for definitions;
in county correctional institutions, further providing for county recording system;
in community corrections centers and community corrections facilities, further providing for definitions, for department, for offenders who may be housed, for authority of Commonwealth employees, for authority of chairman and for escape;
in State intermediate punishment, centers and community corrections facilities, furtherctions providing for definitions, for department, for offenders who may be housed, for authority of Commonwealth employees, for authority of chairman and for escape;
Sections 2155(a)(1), 6307(a)(6.2) and (6.5), 6602(c), 8332.7, 8340, 9727(a), (b)(1), (c) and (f)(3), 9728(b) 20170SB0522PN0812 - 2 - (3) and (5) and (b.1), 9762(a), (b)(1) and (2), (e) and (i), 9764, 9777(d)(2) and (g), 9799.13(2), (3.1)(i)(C) and (3.2) (iii), 9799.16(d), 9799.19(b), (b.1)(2)(iv), (e.2)(2) and (f), 9799.20 introductory paragraph, 9799.24(c), (e)(4) and (g), 9799.29, 9799.30, 9799.31, 9799.32(2), (7), (8) and (9), 9799.33, 9799.34 introductory paragraph, 9799.35(e) and 9799.38 of Title 42 are amended to read:
Sections 2155(a)(1), 6307(a)(6.2) and (6.5), 6602(c), 8332.7, 8340, 9727(a), (b)(1), (c) and (f)(3), 9728(b) (3) and (5) and (b.1), 9762(a), (b)(1) and (2), (e) and (i), 20170SB0522PN0534 - 2 - 9764, 9777(d)(2) and (g), 9799.13(2), (3.1)(i)(C) and (3.2) (iii), 9799.16(d), 9799.19(b), (b.1)(2)(iv), (e.2)(2) and (f), 9799.20 introductory paragraph, 9799.24(c), (e)(4) and (g), 9799.29, 9799.30, 9799.31, 9799.32(2), (7), (8) and (9), 9799.33, 9799.34 introductory paragraph, 9799.35(e) and 9799.38 of Title 42 are amended to read:
20170SB0522PN0812 - 3 - (ix) Pennsylvania Wardens Association.
(ix) Pennsylvania Wardens Association.
(x) Pennsylvania Association on Probation, Parole and Corrections.
20170SB0522PN0534 - 3 - (x) Pennsylvania Association on Probation, Parole and Corrections.
The prison having custody of the prisoner shall deduct 20170SB0522PN0812 - 4 - payments from the prisoner's account when the prisoner's account balance exceeds $10 until the filing fees are paid in full.
The prison having custody of the prisoner shall deduct payments from the prisoner's account when the prisoner's account 20170SB0522PN0534 - 4 - balance exceeds $10 until the filing fees are paid in full.
(b) Assistance of criminal victims.--In addition to any other immunity provided by law, any parole officer appointed by the Pennsylvania [Board of Probation and] Parole Board who is entitled to immunity under section 8331.3 (relating to criminal victim aid good Samaritan civil immunity) as a result of providing assistance to a victim of a crime shall be considered to be acting within the scope of his official duty while 20170SB0522PN0812 - 5 - providing assistance to the victim for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of the Commonwealth.
(b) Assistance of criminal victims.--In addition to any other immunity provided by law, any parole officer appointed by the Pennsylvania [Board of Probation and] Parole Board who is entitled to immunity under section 8331.3 (relating to criminal victim aid good Samaritan civil immunity) as a result of providing assistance to a victim of a crime shall be considered to be acting within the scope of his official duty while providing assistance to the victim for all purposes of law and 20170SB0522PN0534 - 5 - shall enjoy any benefit or immunity conferred upon an employee of the Commonwealth.
(b) Treatment.-- (1) An offender who is severely mentally disabled and in 20170SB0522PN0812 - 6 - need of treatment at the time of sentencing shall, consistent with available resources, be provided such treatment as is psychiatrically or psychologically indicated for his mental illness.
(b) Treatment.-- (1) An offender who is severely mentally disabled and in need of treatment at the time of sentencing shall, consistent 20170SB0522PN0534 - 6 - with available resources, be provided such treatment as is psychiatrically or psychologically indicated for his mental illness.
A mental health status report, 20170SB0522PN0812 - 7 - containing the information set forth in subsection (c), shall be filed with the probation officer and the sentencing court every three months during the period of probation.
A mental health status report, containing the information set forth in subsection (c), shall 20170SB0522PN0534 - 7 - be filed with the probation officer and the sentencing court every three months during the period of probation.
Any 20170SB0522PN0812 - 8 - amount deducted shall be transmitted by the Department of [Corrections] Criminal Justice 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.
Any amount deducted shall be transmitted by the Department of 20170SB0522PN0534 - 8 - [Corrections] Criminal Justice 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.
(2) Maximum terms of two years or more but less than 20170SB0522PN0812 - 9 - five years may be committed to the Department of [Corrections] Criminal Justice for confinement or may be committed to a county prison within the jurisdiction of the court.
(2) Maximum terms of two years or more but less than five years may be committed to the Department of 20170SB0522PN0534 - 9 - [Corrections] Criminal Justice for confinement or may be committed to a county prison within the jurisdiction of the court.
* * * (e) Reimbursement.--Beginning three years after the 20170SB0522PN0812 - 10 - effective date of this subsection:
* * * (e) Reimbursement.--Beginning three years after the effective date of this subsection:
(1) The Department of [Corrections] Criminal Justice shall reimburse to the counties the reasonable cost of confinement of every Level 4 or 5 offender as identified in the Basic Sentencing Matrix promulgated by the Pennsylvania Commission on Sentencing who is participating in an approved work release program.
20170SB0522PN0534 - 10 - (1) The Department of [Corrections] Criminal Justice shall reimburse to the counties the reasonable cost of confinement of every Level 4 or 5 offender as identified in the Basic Sentencing Matrix promulgated by the Pennsylvania Commission on Sentencing who is participating in an approved work release program.
* * * 20170SB0522PN0812 - 11 - (i) Prohibition.--Notwithstanding any other provision of law, no person sentenced to total or partial confinement after the effective date of this subsection shall be committed to the Department of [Corrections] Criminal Justice unless:
* * * (i) Prohibition.--Notwithstanding any other provision of 20170SB0522PN0534 - 11 - law, no person sentenced to total or partial confinement after the effective date of this subsection shall be committed to the Department of [Corrections] Criminal Justice unless:
The records shall include admission testing performed by the county and the results of those tests and any testing related 20170SB0522PN0812 - 12 - to hepatitis, HIV/AIDS, tuberculosis or other infectious disease testing.
The records shall include admission testing performed by the county and the results of those tests and any testing related to hepatitis, HIV/AIDS, tuberculosis or other infectious 20170SB0522PN0534 - 12 - disease testing.
20170SB0522PN0812 - 13 - (i) A written, sealed sentencing order from the county.
(i) A written, sealed sentencing order from the 20170SB0522PN0534 - 13 - county.
20170SB0522PN0812 - 14 - (iii) The Department of [Corrections] Criminal Justice has provided the county with a reasonable period of time to provide the documentation.
(iii) The Department of [Corrections] Criminal 20170SB0522PN0534 - 14 - Justice has provided the county with a reasonable period of time to provide the documentation.
(d) Transfer to county facility.--Upon transfer of an inmate 20170SB0522PN0812 - 15 - from a State correctional institution to a county correctional facility, the Department of [Corrections] Criminal Justice shall provide to the county facility, unless the facility prior to the time of transfer agrees to accept the inmate without the information, the record of the inmate's institutional adjustment, including, but not limited to, misconducts and/or escape history, and written notice of any current medical or psychological condition requiring treatment, including, but not limited to, suicide attempts, notice of current or previously ordered medication and a 48-hour supply of current medication.
(d) Transfer to county facility.--Upon transfer of an inmate from a State correctional institution to a county correctional 20170SB0522PN0534 - 15 - facility, the Department of [Corrections] Criminal Justice shall provide to the county facility, unless the facility prior to the time of transfer agrees to accept the inmate without the information, the record of the inmate's institutional adjustment, including, but not limited to, misconducts and/or escape history, and written notice of any current medical or psychological condition requiring treatment, including, but not limited to, suicide attempts, notice of current or previously ordered medication and a 48-hour supply of current medication.
(g) Release from county correctional facility to county 20170SB0522PN0812 - 16 - probation or parole.-- (1) Prior to the release of an inmate from a county correctional facility to county probation or parole supervision, the facility shall provide to the county probation department the information contained in subsections (a)(1) through (4) and (b).
(g) Release from county correctional facility to county probation or parole.-- 20170SB0522PN0534 - 16 - (1) Prior to the release of an inmate from a county correctional facility to county probation or parole supervision, the facility shall provide to the county probation department the information contained in subsections (a)(1) through (4) and (b).
Prior to the release of an inmate from a county correctional facility to county parole supervision, the facility shall provide to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county a record of any moneys paid by the inmate and any remaining balance towards the 20170SB0522PN0812 - 17 - satisfaction of restitution and any other court-ordered financial obligations.
Prior to the release of an inmate from a county correctional facility to county parole supervision, the facility shall provide to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county a record of any moneys paid by the inmate and any remaining balance towards the satisfaction of restitution and any other court-ordered 20170SB0522PN0534 - 17 - financial obligations.
* * * 20170SB0522PN0812 - 18 - (d) Notice.-- * * * (2) The sentencing court shall forward notice of any order entered under this section placing an inmate in a hospital, long-term care nursing facility or hospice care location to the hospital, long-term care nursing facility or hospice care location and to the Department of [Public Welfare] Human Services.
* * * (d) Notice.-- 20170SB0522PN0534 - 18 - * * * (2) The sentencing court shall forward notice of any order entered under this section placing an inmate in a hospital, long-term care nursing facility or hospice care location to the hospital, long-term care nursing facility or hospice care location and to the Department of [Public Welfare] Human Services.
20170SB0522PN0812 - 19 - "Prosecuting attorney." The Office of Attorney General of the Commonwealth or the office of a district attorney of a county who represented the Commonwealth at the most recent sentencing of an inmate.
"Prosecuting attorney." The Office of Attorney General of 20170SB0522PN0534 - 19 - the Commonwealth or the office of a district attorney of a county who represented the Commonwealth at the most recent sentencing of an inmate.
(i) An individual who between January 23, 2005, and 20170SB0522PN0812 - 20 - December 19, 2012, was:
(i) An individual who between January 23, 2005, and December 19, 2012, was:
* * * (C) under the supervision of the Pennsylvania [Board of Probation and] Parole Board or county probation or parole as a result of a conviction for a sexually violent offense.
20170SB0522PN0534 - 20 - * * * (C) under the supervision of the Pennsylvania [Board of Probation and] Parole Board or county probation or parole as a result of a conviction for a sexually violent offense.
* * * (b) Initial registration if incarcerated within Commonwealth 20170SB0522PN0812 - 21 - or by Federal Court on effective date of section.--The following apply:
* * * (b) Initial registration if incarcerated within Commonwealth or by Federal Court on effective date of section.--The following 20170SB0522PN0534 - 21 - apply:
The information in section 9799.16(b) and (c) shall be included in the 20170SB0522PN0812 - 22 - registry.
The information in section 9799.16(b) and (c) shall be included in the registry.
With respect to individuals released under paragraph (1)(ii), (iii) or (iv), the State or county correctional facility shall not release the individual until it receives verification from the Pennsylvania State Police that it has received the information set forth in section 9799.16(b) and (c).
With respect to individuals released under 20170SB0522PN0534 - 22 - paragraph (1)(ii), (iii) or (iv), the State or county correctional facility shall not release the individual until it receives verification from the Pennsylvania State Police that it has received the information set forth in section 9799.16(b) and (c).
* * * (iv) In the case of parole, State or county 20170SB0522PN0812 - 23 - intermediate punishment where the sentence is restrictive and the individual is sentenced to a period of incarceration in a State or county correctional institution or work release facility or special probation supervised by the Pennsylvania [Board of Probation and] Parole Board, the correctional facility may not release the individual until the correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information set forth in section 9799.16(b) and (c).
* * * (iv) In the case of parole, State or county intermediate punishment where the sentence is restrictive 20170SB0522PN0534 - 23 - and the individual is sentenced to a period of incarceration in a State or county correctional institution or work release facility or special probation supervised by the Pennsylvania [Board of Probation and] Parole Board, the correctional facility may not release the individual until the correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information set forth in section 9799.16(b) and (c).
20170SB0522PN0812 - 24 - (f) Initial registration if being supervised by Commonwealth under Interstate Compact for Adult Offender Supervision.--If an individual is in this Commonwealth and is being supervised by the [State Board of Probation and] Pennsylvania Parole Board or the county office of probation and parole pursuant to the Interstate Compact for Adult Offender Supervision, the following apply:
(f) Initial registration if being supervised by 20170SB0522PN0534 - 24 - Commonwealth under Interstate Compact for Adult Offender Supervision.--If an individual is in this Commonwealth and is being supervised by the [State Board of Probation and] Pennsylvania Parole Board or the county office of probation and parole pursuant to the Interstate Compact for Adult Offender Supervision, the following apply:
The appropriate official of the Pennsylvania [Board of Probation and] Parole Board or the county office of probation and parole shall 20170SB0522PN0812 - 25 - ensure that the individual has appeared at an approved registration site as set forth in this paragraph.
The appropriate official of the Pennsylvania [Board of Probation and] Parole Board or the county office of probation and parole shall ensure that the individual has appeared at an approved 20170SB0522PN0534 - 25 - registration site as set forth in this paragraph.
For assessments of delinquent children conducted by the board pursuant to section 20170SB0522PN0812 - 26 - 6358 from January 23, 2005, to December 19, 2012, all State, county and local agencies, offices and entities, including juvenile probation officers, are subject to the release of information requirements set forth in this subsection.
For assessments of delinquent children conducted by the board pursuant to section 6358 from January 23, 2005, to December 19, 2012, all State, 20170SB0522PN0534 - 26 - county and local agencies, offices and entities, including juvenile probation officers, are subject to the release of information requirements set forth in this subsection.
The [Pennsylvania Board of Probation and Parole] Department 20170SB0522PN0812 - 27 - of Criminal Justice and the agents of the Department of Criminal Justice and county probation authorities may impose supervision conditions that include tracking through global positioning system technology.
The [Pennsylvania Board of Probation and Parole] Department of Criminal Justice and the agents of the Department of Criminal 20170SB0522PN0534 - 27 - Justice and county probation authorities may impose supervision conditions that include tracking through global positioning system technology.
20170SB0522PN0812 - 28 - (12) Juvenile probation offices and their agents and employees.
(12) Juvenile probation offices and their agents and 20170SB0522PN0534 - 28 - employees.
The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notice sent to individuals required 20170SB0522PN0812 - 29 - to register under this subchapter.
The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notice sent to individuals required to register under this subchapter.
An approved registration site shall be capable of submitting fingerprints, palm prints, DNA samples and any other information required electronically to the Pennsylvania State Police.
An approved registration 20170SB0522PN0534 - 29 - site shall be capable of submitting fingerprints, palm prints, DNA samples and any other information required electronically to the Pennsylvania State Police.
(9) In consultation with the Administrative Office of Pennsylvania Courts, the Department of [Public Welfare] Human 20170SB0522PN0812 - 30 - Services and the Juvenile Court Judges' Commission, to promulgate guidelines regarding the completion of information required by juvenile offenders and sexually violent delinquent children under this subchapter.
(9) In consultation with the Administrative Office of Pennsylvania Courts, the Department of [Public Welfare] Human Services and the Juvenile Court Judges' Commission, to 20170SB0522PN0534 - 30 - promulgate guidelines regarding the completion of information required by juvenile offenders and sexually violent delinquent children under this subchapter.
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20170SB0522PN0812 - 31 - § 9799.34.
§ 9799.34.
The Department of [Corrections] Criminal Justice, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons) shall have the following duties:
20170SB0522PN0534 - 31 - The Department of [Corrections] Criminal Justice, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons) shall have the following duties:
(2) To prepare an annual report of its findings and any action that it recommends be taken by the Pennsylvania State Police, the Pennsylvania [Board of Probation and] Parole 20170SB0522PN0812 - 32 - Board, the Department of [Corrections] Criminal Justice, the board, the Administrative Office of Pennsylvania Courts, other State or local agencies and the General Assembly to ensure compliance with this subchapter.
(2) To prepare an annual report of its findings and any action that it recommends be taken by the Pennsylvania State Police, the Pennsylvania [Board of Probation and] Parole Board, the Department of [Corrections] Criminal Justice, the 20170SB0522PN0534 - 32 - board, the Administrative Office of Pennsylvania Courts, other State or local agencies and the General Assembly to ensure compliance with this subchapter.
The definitions of "board," "department" and "secretary" in section 102 of Title 61 are amended and the 20170SB0522PN0812 - 33 - section is amended by adding definitions to read:
The definitions of "board," "department" and "secretary" in section 102 of Title 61 are amended and the section is amended by adding definitions to read:
§ 102.
20170SB0522PN0534 - 33 - § 102.
A chief administrator, deputy superintendent or corrections 20170SB0522PN0812 - 34 - officer of a State correctional facility may exercise the powers of a peace officer in the performance of that individual's duties generally in:
A chief administrator, deputy superintendent or corrections officer of a State correctional facility may exercise the powers 20170SB0522PN0534 - 34 - of a peace officer in the performance of that individual's duties generally in:
The following words and phrases when used in this chapter 20170SB0522PN0812 - 35 - shall have the meanings given to them in this section unless the context clearly indicates otherwise:
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the 20170SB0522PN0534 - 35 - context clearly indicates otherwise:
20170SB0522PN0812 - 36 - (1) Establish community corrections centers at locations throughout this Commonwealth approved by the Governor.
(1) Establish community corrections centers at locations 20170SB0522PN0534 - 36 - throughout this Commonwealth approved by the Governor.
(ii) Subparagraph (i) shall not apply to [a parolee under the jurisdiction of the board] an offender paroled by the board who is detained or awaiting a hearing or who has been recommitted for a technical violation of the conditions of [parole] supervision established by the board as a result of the commission of a new crime of which the [parolee] offender is convicted or found guilty 20170SB0522PN0812 - 37 - by a judge or jury or to which the [parolee] offender pleads guilty or nolo contendere in a court of record.
(ii) Subparagraph (i) shall not apply to [a parolee under the jurisdiction of the board] an offender paroled by the board who is detained or awaiting a hearing or who has been recommitted for a technical violation of the conditions of [parole] supervision established by the board as a result of the commission of a new crime of which the [parolee] offender is convicted or found guilty by a judge or jury or to which the [parolee] offender 20170SB0522PN0534 - 37 - pleads guilty or nolo contendere in a court of record.
(2) Detain, by using reasonable force if necessary, an 20170SB0522PN0812 - 38 - offender residing in the community corrections center, parole violator center or community corrections facility [in order] to maintain control of the offender pending the arrival of a department parole agent, police officer or other appropriate law enforcement officer.
(2) Detain, by using reasonable force if necessary, an offender residing in the community corrections center, parole 20170SB0522PN0534 - 38 - violator center or community corrections facility [in order] to maintain control of the offender pending the arrival of a department parole agent, police officer or other appropriate law enforcement officer.
An offender living in a community 20170SB0522PN0812 - 39 - corrections center or community corrections facility while in good standing on parole shall not be deemed to be in official detention under 18 Pa.C.S.
An offender living in a community corrections center or community corrections facility while in 20170SB0522PN0534 - 39 - good standing on parole shall not be deemed to be in official detention under 18 Pa.C.S.
(b) Public hearing.-- (1) The governing body of a municipality or county receiving notification from a group-based home provider under subsection (a) may conduct a public hearing concerning the 20170SB0522PN0812 - 40 - group-based home provider, its site and its operations.
(b) Public hearing.-- (1) The governing body of a municipality or county receiving notification from a group-based home provider under subsection (a) may conduct a public hearing concerning the group-based home provider, its site and its operations.
(2) A governing body conducting a public hearing under this subsection shall provide public notice of the hearing via posting on its official publicly accessible Internet website no less than two weeks prior to the hearing.
20170SB0522PN0534 - 40 - (2) A governing body conducting a public hearing under this subsection shall provide public notice of the hearing via posting on its official publicly accessible Internet website no less than two weeks prior to the hearing.
The following words and phrases when used in this chapter 20170SB0522PN0812 - 41 - shall have the meanings given to them in this section unless the context clearly indicates otherwise:
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the 20170SB0522PN0534 - 41 - context clearly indicates otherwise:
20170SB0522PN0812 - 42 - (1) an offender housed by the department under 42 Pa.C.S.
(1) an offender housed by the department under 42 20170SB0522PN0534 - 42 - Pa.C.S.
and 20170SB0522PN0812 - 43 - (4) is in compliance with all legal requirements applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry.
and (4) is in compliance with all legal requirements 20170SB0522PN0534 - 43 - applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry.
Sections 6111(a), (d) and (e), 6112, 6113, 6116 20170SB0522PN0812 - 44 - and 6118 of Title 61 are amended to read:
Sections 6111(a), (d) and (e), 6112, 6113, 6116 and 6118 of Title 61 are amended to read:
§ 6111.
20170SB0522PN0534 - 44 - § 6111.
20170SB0522PN0812 - 45 - (a) Designation by Governor.--The Governor shall, from time to time, as the occasion may arise, designate one of the members of the board to be its chairperson who shall:
(a) Designation by Governor.--The Governor shall, from time 20170SB0522PN0534 - 45 - to time, as the occasion may arise, designate one of the members of the board to be its chairperson who shall:
(a) Quorum.-- (1) A majority of the board shall constitute a quorum for transacting business and, except as otherwise provided in this chapter and Chapter 45 (relating to recidivism risk reduction incentive), a majority vote of those present at any meeting shall be sufficient for any official action taken by the board one or more members of the board may attend and 20170SB0522PN0812 - 46 - participate in any meeting via videoconferencing or similar virtual presence technology.
(a) Quorum.-- (1) A majority of the board shall constitute a quorum for transacting business and, except as otherwise provided in this chapter and Chapter 45 (relating to recidivism risk reduction incentive), a majority vote of those present at any meeting shall be sufficient for any official action taken by the board one or more members of the board may attend and participate in any meeting via videoconferencing or similar 20170SB0522PN0534 - 46 - virtual presence technology.
at least two of these members must not have been on the disagreeing panel, if practicable.] (d) Appeal.-- (1) An [interested party] offender may appeal a 20170SB0522PN0812 - 47 - revocation decision within 30 days of the board's order.
at least two of these members must not have been on the disagreeing panel, if practicable.] (d) Appeal.-- (1) An [interested party] offender may appeal a revocation decision within 30 days of the board's order.
The decision shall be reviewed by three board members appointed by the chairperson or the chairperson's designee.
The 20170SB0522PN0534 - 47 - decision shall be reviewed by three board members appointed by the chairperson or the chairperson's designee.
(3) [Shall have such powers] Maintain a record of the proceedings of the board and perform such duties not inconsistent with any law of this Commonwealth as the board 20170SB0522PN0812 - 48 - shall prescribe.
(3) [Shall have such powers] Maintain a record of the proceedings of the board and perform such duties not inconsistent with any law of this Commonwealth as the board shall prescribe.
(4) [Shall receive] Receive such compensation as the board shall determine in conformity with the rules of the Executive Board.
20170SB0522PN0534 - 48 - (4) [Shall receive] Receive such compensation as the board shall determine in conformity with the rules of the Executive Board.
[(b) District offices.--The board, with the approval of the Governor, shall divide the Commonwealth for administrative purposes into a suitable number of districts, not to exceed ten, in each of which shall be a district office which shall have immediate charge of the supervision of cases of probation and parole arising in the courts of the judicial districts embraced within its territorial limits, but, as occasion may require, the supervision of particular parolees may be transferred by the 20170SB0522PN0812 - 49 - board to other appropriate parole districts.
[(b) District offices.--The board, with the approval of the Governor, shall divide the Commonwealth for administrative purposes into a suitable number of districts, not to exceed ten, in each of which shall be a district office which shall have immediate charge of the supervision of cases of probation and parole arising in the courts of the judicial districts embraced within its territorial limits, but, as occasion may require, the supervision of particular parolees may be transferred by the board to other appropriate parole districts.
(c) Location of district offices.-- (1) The board shall fix and determine the location of the various district offices within their respective districts, having regard to local conditions in each district and to the most convenient and efficient functioning of the office established in each district.
20170SB0522PN0534 - 49 - (c) Location of district offices.-- (1) The board shall fix and determine the location of the various district offices within their respective districts, having regard to local conditions in each district and to the most convenient and efficient functioning of the office established in each district.
20170SB0522PN0812 - 50 - (1) Shall be appointed by the board, with the approval of the Governor.
(1) Shall be appointed by the board, with the approval 20170SB0522PN0534 - 50 - of the Governor.
(a) General rule.--Except as otherwise provided in subsection (b), an employee of the board, excluding the secretary and district supervisors, may be removed, discharged or reduced in pay or position only for cause and after being given the reasons therefore in writing and afforded an 20170SB0522PN0812 - 51 - opportunity to be heard in answer thereto.
(a) General rule.--Except as otherwise provided in subsection (b), an employee of the board, excluding the secretary and district supervisors, may be removed, discharged or reduced in pay or position only for cause and after being given the reasons therefore in writing and afforded an opportunity to be heard in answer thereto.
(b) Exception.--An employee may be suspended without pay and without hearing for a period not exceeding 30 days, but the reason or reasons for the suspension must be given to the employee by the board in writing.
20170SB0522PN0534 - 51 - (b) Exception.--An employee may be suspended without pay and without hearing for a period not exceeding 30 days, but the reason or reasons for the suspension must be given to the employee by the board in writing.
(b) Composition.--The advisory committee shall consist of nine members, seven of whom shall be appointed by the Governor, 20170SB0522PN0812 - 52 - with the consent of a majority of the members of the Senate.
(b) Composition.--The advisory committee shall consist of nine members, seven of whom shall be appointed by the Governor, with the consent of a majority of the members of the Senate.
At least two shall be judges of courts of record of this Commonwealth, at least one shall be a county commissioner, at least one shall be a chief county probation officer, and the remaining members shall be qualified in the field of probation and parole either by training or experience.
At 20170SB0522PN0534 - 52 - least two shall be judges of courts of record of this Commonwealth, at least one shall be a county commissioner, at least one shall be a chief county probation officer, and the remaining members shall be qualified in the field of probation and parole either by training or experience.
(4) Whenever the term of an advisory committee member, other than one who is a member of the General Assembly, expires, that member's position shall be immediately deemed a vacancy, and the Governor shall nominate a person to fill that membership position on the committee within 90 days of 20170SB0522PN0812 - 53 - the date of expiration, even if the member continues to remain on the committee.
(4) Whenever the term of an advisory committee member, other than one who is a member of the General Assembly, expires, that member's position shall be immediately deemed a vacancy, and the Governor shall nominate a person to fill that membership position on the committee within 90 days of the date of expiration, even if the member continues to 20170SB0522PN0534 - 53 - remain on the committee.
(iii) The individual's expected length of stay at 20170SB0522PN0812 - 54 - the group-based home.
(iii) The individual's expected length of stay at the group-based home.
(iv) Contact information for the group-based home.
20170SB0522PN0534 - 54 - (iv) Contact information for the group-based home.
"Official Internet website." The official Internet location 20170SB0522PN0812 - 55 - designated by a municipality or county as its primary method of electronically communicating with the public about its official business.] Section 18.
"Official Internet website." The official Internet location designated by a municipality or county as its primary method of 20170SB0522PN0534 - 55 - electronically communicating with the public about its official business.] Section 18.
Should any probation personnel appointed prior to the date the standards were established fail to meet the standards, the court having 20170SB0522PN0812 - 56 - jurisdiction of such personnel may request the board to establish in-service training for them in accordance with the standards.
Should any probation personnel appointed prior to the date the standards were established fail to meet the standards, the court having jurisdiction of such personnel may request the board to 20170SB0522PN0534 - 56 - establish in-service training for them in accordance with the standards.
(13) To incorporate evidence-based practices into parole decision making[, supervision and the supervision of 20170SB0522PN0812 - 57 - technical violators].
(13) To incorporate evidence-based practices into parole decision making[, supervision and the supervision of technical violators].
[(14) To coordinate the reentry of offenders into the community using evidence-based practices that are effective in reducing recidivism.] (15) To conduct research to identify, to be informed of and to [apply] recommended recognized evidence-based parole practices that promote public safety and reduce recidivism.
20170SB0522PN0534 - 57 - [(14) To coordinate the reentry of offenders into the community using evidence-based practices that are effective in reducing recidivism.] (15) To conduct research to identify, to be informed of and to [apply] recommended recognized evidence-based parole practices that promote public safety and reduce recidivism.
(1) [(i)] To parole and reparole, commit and recommit for violations of parole and to discharge from parole all 20170SB0522PN0812 - 58 - [persons sentenced] offenders sentenced to definite or flat sentences by any court at any time to imprisonment in a State correctional institution pursuant to 42 Pa.C.S.
(1) [(i)] To parole and reparole, commit and recommit for violations of parole and to discharge from parole all [persons sentenced] offenders sentenced to definite or 20170SB0522PN0534 - 58 - flat sentences by any court at any time to imprisonment in a State correctional institution pursuant to 42 Pa.C.S.
(4) To promulgate regulations establishing general 20170SB0522PN0812 - 59 - conditions of supervision applicable to every paroled offender.
(4) To promulgate regulations establishing general conditions of supervision applicable to every paroled 20170SB0522PN0534 - 59 - offender.
(2) The grant-in-aid shall provide 80% of the personnel 20170SB0522PN0812 - 60 - salary costs incurred by a county to administer these additional services and programs.
(2) The grant-in-aid shall provide 80% of the personnel salary costs incurred by a county to administer these 20170SB0522PN0534 - 60 - additional services and programs.
(b) Recommendations from judge.--] The following shall 20170SB0522PN0812 - 61 - apply:
(b) Recommendations from judge.--] The following shall apply:
(1) A judge may make at any time a recommendation to the board respecting the [person] offender sentenced and the term of imprisonment the judge believes that [person] offender should be required to serve before [a] parole is granted to that [person] offender.
20170SB0522PN0534 - 61 - (1) A judge may make at any time a recommendation to the board respecting the [person] offender sentenced and the term of imprisonment the judge believes that [person] offender should be required to serve before [a] parole is granted to that [person] offender.
place of confinement) from a sentence of imprisonment imposed following conviction for a personal injury crime, each victim who has registered 20170SB0522PN0812 - 62 - to receive victim services in connection with the personal injury crime shall be given an opportunity by the court to submit a preparole statement to the court expressing concerns or recommendations regarding the parole or parole supervision of the [person] offender.
place of confinement) from a sentence of imprisonment imposed following conviction for a personal injury crime, each victim who has registered to receive victim services in connection with the personal 20170SB0522PN0534 - 62 - injury crime shall be given an opportunity by the court to submit a preparole statement to the court expressing concerns or recommendations regarding the parole or parole supervision of the [person] offender.
20170SB0522PN0812 - 63 - 882, No.111), known as the Crime Victims Act, a member of the victim's family if the victim is incapable of communicating or has died.] § 6136.
882, No.111), known as the Crime Victims Act, a member of the 20170SB0522PN0534 - 63 - victim's family if the victim is incapable of communicating or has died.] § 6136.
§ 2154.5 (relating to adoption of guidelines for parole) and such information developed by or furnished to the board under section 6164 (relating to investigation of circumstances of offense), or 20170SB0522PN0812 - 64 - both, and may release on parole any [inmate] offender to whom the power to parole is granted to the board by this chapter, except an [inmate] offender condemned to death or serving life imprisonment, whenever in its opinion:
§ 2154.5 (relating to adoption of guidelines for parole) and such information developed by or furnished to the board under section 6164 (relating to investigation of circumstances of offense), or both, and may release on parole any [inmate] offender to whom 20170SB0522PN0534 - 64 - the power to parole is granted to the board by this chapter, except an [inmate] offender condemned to death or serving life imprisonment, whenever in its opinion:
20170SB0522PN0812 - 65 - (ii) This paragraph shall not apply to offenders who are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S.
(ii) This paragraph shall not apply to offenders who 20170SB0522PN0534 - 65 - are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S.
This subparagraph shall apply to all [parolees] offenders 20170SB0522PN0812 - 66 - under supervision by other jurisdictions under Subchapter B of Chapter 71 (relating to interstate compact for the supervision of adult offenders).
This subparagraph shall apply to all [parolees] offenders under supervision by other jurisdictions under Subchapter 20170SB0522PN0534 - 66 - B of Chapter 71 (relating to interstate compact for the supervision of adult offenders).
(2) An eligible offender placed on administrative parole 20170SB0522PN0812 - 67 - shall continue to be subject to recommitment at the board's discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date.
(2) An eligible offender placed on administrative parole shall continue to be subject to recommitment at the board's 20170SB0522PN0534 - 67 - discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date.
[(2) The cost of these preparole drug screening tests for inmates subject to the parole release jurisdiction of the board, whether confined in a correctional institution or 20170SB0522PN0812 - 68 - county prison, shall be paid by the board.
[(2) The cost of these preparole drug screening tests for inmates subject to the parole release jurisdiction of the board, whether confined in a correctional institution or county prison, shall be paid by the board.
The board shall establish rules and regulations for the payment of these costs and may limit the types and cost of these screening tests that would be subject to payment by the board.] (3) [(i) The board shall establish, as a condition of continued parole for a parolee] Every offender who is released on parole who, as an [inmate] detainee, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, [the parolee's achievement of] shall, without further action of the board, be subject to an ongoing condition that the offender achieve negative results in [such] drug screening tests randomly applied.
The board shall 20170SB0522PN0534 - 68 - establish rules and regulations for the payment of these costs and may limit the types and cost of these screening tests that would be subject to payment by the board.] (3) [(i) The board shall establish, as a condition of continued parole for a parolee] Every offender who is released on parole who, as an [inmate] detainee, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, [the parolee's achievement of] shall, without further action of the board, be subject to an ongoing condition that the offender achieve negative results in [such] drug screening tests randomly applied.
(f) Crimes of violence.--The board may not order the release 20170SB0522PN0812 - 69 - [on parole a person] of an offender on parole who is sentenced after February 19, 1999, and is serving a sentence for a crime of violence unless the [person] offender has received instruction from the [Department of Corrections] department on the impact of crime on victims and the community.
(f) Crimes of violence.--The board may not order the release [on parole a person] of an offender on parole who is sentenced 20170SB0522PN0534 - 69 - after February 19, 1999, and is serving a sentence for a crime of violence unless the [person] offender has received instruction from the [Department of Corrections] department on the impact of crime on victims and the community.
(4) If no notice of objection has been filed under 20170SB0522PN0812 - 70 - paragraph (3), the [board or its designee shall approve for parole] eligible offender shall be released on parole at the expiration of the eligible offender's recidivism risk reduction minimum [date] sentence upon a determination by the board that all of the following apply:
(4) If no notice of objection has been filed under paragraph (3), the [board or its designee shall approve for 20170SB0522PN0534 - 70 - parole] eligible offender shall be released on parole at the expiration of the eligible offender's recidivism risk reduction minimum [date] sentence upon a determination by the board that all of the following apply:
20170SB0522PN0812 - 71 - (ii) paroled at a later date;
(ii) paroled at a later date;
or (iii) denied parole.
or 20170SB0522PN0534 - 71 - (iii) denied parole.
20170SB0522PN0812 - 72 - (i) Cases involving deviations from guidelines.--In each case in which the board deviates from the recommitment ranges established under 42 Pa.C.S.
(i) Cases involving deviations from guidelines.--In each 20170SB0522PN0534 - 72 - case in which the board deviates from the recommitment ranges established under 42 Pa.C.S.
(a) Convicted violators.-- (1) [A parolee under the jurisdiction of the board released from a correctional facility who,] The board may, at its discretion, revoke the parole of a paroled offender if the offender, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the [parolee] offender is convicted or found guilty by a judge or jury or to which the [parolee] offender pleads guilty or nolo contendere at any time thereafter in a court of record[, may at the discretion of the board be recommitted 20170SB0522PN0812 - 73 - as a parole violator].
(a) Convicted violators.-- (1) [A parolee under the jurisdiction of the board released from a correctional facility who,] The board may, at its discretion, revoke the parole of a paroled offender if the offender, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the [parolee] offender is convicted or found guilty by a judge or jury or to which the [parolee] offender pleads guilty or nolo contendere at any time thereafter in a court of record[, may at the discretion of the board be recommitted as a parole violator].
(2) If the [parolee's recommitment is so ordered, the parolee shall be reentered] offender's parole is revoked, the offender shall be recommitted to serve the remainder of the term which the [parolee] offender would have been compelled to serve had the parole not been granted and, except as provided under paragraph (2.1), shall be given no credit for the time at liberty on parole.
20170SB0522PN0534 - 73 - (2) If the [parolee's recommitment is so ordered, the parolee shall be reentered] offender's parole is revoked, the offender shall be recommitted to serve the remainder of the term which the [parolee] offender would have been compelled to serve had the parole not been granted and, except as provided under paragraph (2.1), shall be given no credit for the time at liberty on parole.
(4) The period [of time] for which the [parole violator] offender is required to serve shall be [from and] computed by the department and shall begin on the date that the parole violator is taken into custody to be returned to the 20170SB0522PN0812 - 74 - institution as [a parole violator] an offender.
(4) The period [of time] for which the [parole violator] offender is required to serve shall be [from and] computed by the department and shall begin on the date that the parole violator is taken into custody to be returned to the institution as [a parole violator] an offender.
(5) If a new sentence is imposed on the [parolee] offender, the service of the balance of the term originally imposed by a Pennsylvania court shall precede the commencement of the new term imposed in the following cases:
20170SB0522PN0534 - 74 - (5) If a new sentence is imposed on the [parolee] offender, the service of the balance of the term originally imposed by a Pennsylvania court shall precede the commencement of the new term imposed in the following cases:
[(ii) Any female person shall be recommitted to the State Correctional Institution at Muncy.] (b) Subsequent arrest.-- 20170SB0522PN0812 - 75 - (1) The formal filing of a charge after parole against [a parolee] an offender within this Commonwealth for any violation of the laws of this Commonwealth shall constitute an automatic detainer and permit the [parolee] offender to be taken into and held in custody.
[(ii) Any female person shall be recommitted to the State Correctional Institution at Muncy.] (b) Subsequent arrest.-- (1) The formal filing of a charge after parole against 20170SB0522PN0534 - 75 - [a parolee] an offender within this Commonwealth for any violation of the laws of this Commonwealth shall constitute an automatic detainer and permit the [parolee] offender to be taken into and held in custody.
(iii) The violation involved possession or control 20170SB0522PN0812 - 76 - of a weapon.
(iii) The violation involved possession or control of a weapon.
(iv) The [parolee] offender has absconded[, and the parolee] and cannot be safely [diverted to] housed in a community corrections center [or], community corrections facility or parole violator center.
20170SB0522PN0534 - 76 - (iv) The [parolee] offender has absconded[, and the parolee] and cannot be safely [diverted to] housed in a community corrections center [or], community corrections facility or parole violator center.
(1.1) If the board determines that a condition under paragraph (1) applies, the [parolee] offender shall be detained [in or recommitted to] or housed in a State 20170SB0522PN0812 - 77 - correctional institution or contracted county jail.
(1.1) If the board determines that a condition under paragraph (1) applies, the [parolee] offender shall be detained [in or recommitted to] or housed in a State correctional institution or contracted county jail.
(1.2) Every offender's recommitment to a community corrections center, community corrections facility or parole violator center shall be subject to a condition that the offender comply with the rules of conduct applicable to the place where the offender is housed.
20170SB0522PN0534 - 77 - (1.2) Every offender's recommitment to a community corrections center, community corrections facility or parole violator center shall be subject to a condition that the offender comply with the rules of conduct applicable to the place where the offender is housed.
20170SB0522PN0812 - 78 - (5) Parole violators shall be supervised in accordance with evidence-based practices that may include:
(5) Parole violators shall be supervised in accordance 20170SB0522PN0534 - 78 - with evidence-based practices that may include:
Detention and recommitment under this paragraph shall be to the county 20170SB0522PN0812 - 79 - correctional facility from which the offender was released.
Detention and recommitment under this paragraph shall be to the county correctional facility from which the offender was released.
(9) Notwithstanding any other provision of law, an offender under the department's supervision who is alleged to have committed a technical parole violation may be arrested and detained for a period not to exceed 15 days, provided that the offender is brought before a hearing examiner within 48 hours for a determination whether the offender shall be released as quickly as reasonably possible or held for the remainder of the 15 days.
20170SB0522PN0534 - 79 - (9) Notwithstanding any other provision of law, an offender under the department's supervision who is alleged to have committed a technical parole violation may be arrested and detained for a period not to exceed 15 days, provided that the offender is brought before a hearing examiner within 48 hours for a determination whether the offender shall be released as quickly as reasonably possible or held for the remainder of the 15 days.
[(ii)] (1.2) For the second recommitment under this 20170SB0522PN0812 - 80 - subsection for the same sentence, a maximum of nine months.
[(ii)] (1.2) For the second recommitment under this subsection for the same sentence, a maximum of nine 20170SB0522PN0534 - 80 - months.
(2) [A parolee] An offender under paragraph (1) may be reparoled by the board prior to expiration of the six-month period if the board determines that it is in the best 20170SB0522PN0812 - 81 - interest of the Commonwealth and the [parolee] offender.
(2) [A parolee] An offender under paragraph (1) may be reparoled by the board prior to expiration of the six-month period if the board determines that it is in the best interest of the Commonwealth and the [parolee] offender.
(3) This subsection shall not apply to [a parolee who is not in good standing with the board.] an offender who:
20170SB0522PN0534 - 81 - (3) This subsection shall not apply to [a parolee who is not in good standing with the board.] an offender who:
20170SB0522PN0812 - 82 - (1) A correctional facility.
(1) A correctional facility.
(2) A prison.
20170SB0522PN0534 - 82 - (2) A prison.
(3.2) Nothing under this section shall be interpreted as granting a right to be paroled to any [person] offender, and a decision by the board and its designees relating to [a 20170SB0522PN0812 - 83 - person] an offender sentenced under 18 Pa.C.S.
(3.2) Nothing under this section shall be interpreted as granting a right to be paroled to any [person] offender, and a decision by the board and its designees relating to [a person] an offender sentenced under 18 Pa.C.S.
§ 1102.1 may not be considered an adjudication under 2 Pa.C.S.
§ 1102.1 may 20170SB0522PN0534 - 83 - not be considered an adjudication under 2 Pa.C.S.
(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 20170SB0522PN0812 - 84 - witnesses and evidence submitted to them for their action, but they may act on the report submitted to them by [their] the department's 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 witnesses and evidence submitted to them for their action, but 20170SB0522PN0534 - 84 - they may act on the report submitted to them by [their] the department's agents and employees, together with any pertinent and adequate information furnished to them by fellow members of the board or by others.
20170SB0522PN0812 - 85 - (i) is a juvenile;
(i) is a juvenile;
(ii) is incapable of testifying;
20170SB0522PN0534 - 85 - (ii) is incapable of testifying;
(2) The [board] Office of Victim Advocate shall notify 20170SB0522PN0812 - 86 - the [person] victim or family member identified under paragraph (1) at [the] that person's last known mailing address.
(2) The [board] Office of Victim Advocate shall notify the [person] victim or family member identified under 20170SB0522PN0534 - 86 - paragraph (1) at [the] that person's last known mailing address.
(h) Hearing procedure.-- (1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received 20170SB0522PN0812 - 87 - notification of the intent to offer testimony.
(h) Hearing procedure.-- (1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received notification of the intent to offer testimony.
(2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee.
20170SB0522PN0534 - 87 - (2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee.
20170SB0522PN0812 - 88 - (iii) Determine whether a rescission hearing shall be conducted.
(iii) Determine whether a rescission hearing shall 20170SB0522PN0534 - 88 - be conducted.
(10) Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of 20170SB0522PN0812 - 89 - the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim.
(10) Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a 20170SB0522PN0534 - 89 - judicial or administrative proceeding without the written consent of the victim.
(a) Eligibility.--Notwithstanding any other provision of law, the board may parole an [inmate] offender into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the [inmate's] offender's minimum term of imprisonment if all of the following 20170SB0522PN0812 - 90 - requirements are satisfied:
(a) Eligibility.--Notwithstanding any other provision of law, the board may parole an [inmate] offender into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the [inmate's] offender's minimum term of imprisonment if all of the following requirements are satisfied:
(1) The board has received [a final] an order of removal for the [inmate] offender from the United States Immigration and Customs Enforcement.
20170SB0522PN0534 - 90 - (1) The board has received [a final] an order of removal for the [inmate] offender from the United States Immigration and Customs Enforcement.
(b) Parole discretionary.--The decision to parole an 20170SB0522PN0812 - 91 - [inmate] offender under subsection (a) shall be within the sole discretion of the board.
(b) Parole discretionary.--The decision to parole an [inmate] offender under subsection (a) shall be within the sole 20170SB0522PN0534 - 91 - discretion of the board.
20170SB0522PN0812 - 92 - 6153.
6153.
§ 6151.
20170SB0522PN0534 - 92 - § 6151.
"Property search." A warrantless search of real property, 20170SB0522PN0812 - 93 - vehicle or personal property which is in the possession or under the control of the offender.
"Property search." A warrantless search of real property, vehicle or personal property which is in the possession or under 20170SB0522PN0534 - 93 - the control of the offender.
20170SB0522PN0812 - 94 - (c) Effect of violation.--No violation of this section shall constitute an independent ground for suppression of evidence in any probation or parole proceeding or criminal proceeding.
(c) Effect of violation.--No violation of this section shall 20170SB0522PN0534 - 94 - constitute an independent ground for suppression of evidence in any probation or parole proceeding or criminal proceeding.
If the offender is not present during a property search, the agent in charge of the search shall make a reasonable effort to provide the offender with notice of 20170SB0522PN0812 - 95 - the search, including a list of the items seized, after the search is completed.
If the offender is not present during a property search, the agent in charge of the search shall make a reasonable effort to provide the offender with notice of the search, including a list of the items seized, after the 20170SB0522PN0534 - 95 - search is completed.
(f) When authority is effective.--The authority granted to agents under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the board.] 20170SB0522PN0812 - 96 - Section 22.
(f) When authority is effective.--The authority granted to agents under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the board.] Section 22.
Chapter 61 of Title 61 is amended by adding subchapters to read:
Chapter 61 of Title 61 is amended by adding 20170SB0522PN0534 - 96 - subchapters to read:
The imposition, modification or termination of a condition of supervision must be based on 20170SB0522PN0812 - 97 - the risk presented by and the rehabilitative needs of the offender and the impact the termination or modification will have on public safety.
The imposition, modification or termination of a condition of supervision must be based on the risk presented by and the rehabilitative needs of the 20170SB0522PN0534 - 97 - offender and the impact the termination or modification will have on public safety.
The money collected 20170SB0522PN0812 - 98 - for the tests shall be applied against the contract for such testing.
The money collected for the tests shall be applied against the contract for such 20170SB0522PN0534 - 98 - testing.
20170SB0522PN0812 - 99 - (13) To enter into contracts which provide for the continuous electronic monitoring of offenders.
(13) To enter into contracts which provide for the 20170SB0522PN0534 - 99 - continuous electronic monitoring of offenders.
(i) the eligible offender has not violated the terms 20170SB0522PN0812 - 100 - and conditions of the eligible offender's parole;
(i) the eligible offender has not violated the terms and conditions of the eligible offender's parole;
or (ii) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole.
or 20170SB0522PN0534 - 100 - (ii) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole.
20170SB0522PN0812 - 101 - (b) Presentence investigations.--The department shall make presentence investigations when requested to do so by the court in accordance with the regulations of the department.
(b) Presentence investigations.--The department shall make 20170SB0522PN0534 - 101 - presentence investigations when requested to do so by the court in accordance with the regulations of the department.
At least two shall be judges of courts of record in this Commonwealth, at 20170SB0522PN0812 - 102 - least one shall be a county commissioner, at least one shall be a chief county probation officer and the remaining members shall be qualified in the field of probation and parole either by training or experience.
At least two shall be judges of courts of record in this Commonwealth, at least one shall be a county commissioner, at least one shall be 20170SB0522PN0534 - 102 - a chief county probation officer and the remaining members shall be qualified in the field of probation and parole either by training or experience.
The Governor shall designate one of the members of 20170SB0522PN0812 - 103 - the committee as its chairperson.
The Governor shall designate one of the members of the committee as its chairperson.
(d) Reimbursement of expenses.--Each member of the committee shall be paid all reasonable and necessary travel and other expenses incurred in the performance of the member's duties.
20170SB0522PN0534 - 103 - (d) Reimbursement of expenses.--Each member of the committee shall be paid all reasonable and necessary travel and other expenses incurred in the performance of the member's duties.
(7) The conduct of the offender while in prison and the 20170SB0522PN0812 - 104 - offender's physical, mental and behavioral condition and history, in addition to history of family violence and complete criminal record.
(7) The conduct of the offender while in prison and the offender's physical, mental and behavioral condition and 20170SB0522PN0534 - 104 - history, in addition to history of family violence and complete criminal record.
(2) At all reasonable times provide for the board or its 20170SB0522PN0812 - 105 - properly accredited representative facilities for communicating with and observing a detainee while imprisoned.
(2) At all reasonable times provide for the board or its properly accredited representative facilities for 20170SB0522PN0534 - 105 - communicating with and observing a detainee while imprisoned.
(b) Qualifications.-- 20170SB0522PN0812 - 106 - (1) To be eligible to be appointed by the secretary as a supervising agent, an individual must have at least a bachelor's degree in social work, criminology, psychology, psychiatry, criminal justice, or equivalent education and experience and shall undergo annual training in social work and rehabilitation as prescribed by the secretary.
(b) Qualifications.-- (1) To be eligible to be appointed by the secretary as a 20170SB0522PN0534 - 106 - supervising agent, an individual must have at least a bachelor's degree in social work, criminology, psychology, psychiatry, criminal justice, or equivalent education and experience and shall undergo annual training in social work and rehabilitation as prescribed by the secretary.
(ii) when a department supervised offender is 20170SB0522PN0812 - 107 - transported or taken into custody;
(ii) when a department supervised offender is transported or taken into custody;
or (iii) upon a department supervised offender entering or leaving the secure enclosure of a correctional institution, jail or detention facility.
or 20170SB0522PN0534 - 107 - (iii) upon a department supervised offender entering or leaving the secure enclosure of a correctional institution, jail or detention facility.
(v) The experience of agents with the department 20170SB0522PN0812 - 108 - supervised offender.
(v) The experience of agents with the department supervised offender.
(vi) The experience of agents in similar circumstances.
20170SB0522PN0534 - 108 - (vi) The experience of agents in similar circumstances.
Sections 6303, 6304(a) introductory paragraph 20170SB0522PN0812 - 109 - and (f), 6305(3), (5) and (7), 6306, 6307, 6308, 7115(a)(2) and (d), 7121 and 7122(a), (b), (c) and (e) of Title 61 are amended to read:
Sections 6303, 6304(a) introductory paragraph and (f), 6305(3), (5) and (7), 6306, 6307, 6308, 7115(a)(2) and 20170SB0522PN0534 - 109 - (d), 7121 and 7122(a), (b), (c) and (e) of Title 61 are amended to read:
* * * (3) To approve or revoke the approval for the purposes of this chapter of any school that may be [utilized] used to comply with the educational and training requirements as 20170SB0522PN0812 - 110 - established by the commission.
* * * (3) To approve or revoke the approval for the purposes of this chapter of any school that may be [utilized] used to comply with the educational and training requirements as established by the commission.
* * * (5) To promote the most efficient and economical program for training by [utilizing] using existing facilities, programs and qualified Federal, State and local police personnel.
20170SB0522PN0534 - 110 - * * * (5) To promote the most efficient and economical program for training by [utilizing] using existing facilities, programs and qualified Federal, State and local police personnel.
20170SB0522PN0812 - 111 - (1) Be employed as a full-time county probation officer.
(1) Be employed as a full-time county probation officer.
(2) Be a United States citizen.
20170SB0522PN0534 - 111 - (2) Be a United States citizen.
20170SB0522PN0812 - 112 - (2) [Moneys] Money in the fund shall be used to offset or pay for:
(2) [Moneys] Money in the fund shall be used to offset 20170SB0522PN0534 - 112 - or pay for:
20170SB0522PN0812 - 113 - * * * (d) Disposition.--Money received from the collection of the application fee shall be paid into the State Treasury and shall be credited to the general government operations of the [board] department for expenses incurred in the administration of the [interstate compact] Interstate Compact.
* * * 20170SB0522PN0534 - 113 - (d) Disposition.--Money received from the collection of the application fee shall be paid into the State Treasury and shall be credited to the general government operations of the [board] department for expenses incurred in the administration of the [interstate compact] Interstate Compact.
20170SB0522PN0812 - 114 - (2) All interstate contracts entered into prior to the effective date of this paragraph are ratified and shall continue in effect according to their respective terms.
(2) All interstate contracts entered into prior to the 20170SB0522PN0534 - 114 - effective date of this paragraph are ratified and shall continue in effect according to their respective terms.
§ 5903(a)(3), (4), (5) or (6) (relating to 20170SB0522PN0812 - 115 - obscene and other sexual materials and performances).
§ 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances).
(2) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is younger than 13 years of age:
20170SB0522PN0534 - 115 - (2) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is younger than 13 years of age:
20170SB0522PN0812 - 116 - 18 Pa.C.S.
§ 3701 (relating to robbery).
§ 3701 (relating to robbery).
20170SB0522PN0534 - 116 - 18 Pa.C.S.
Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as 20170SB0522PN0812 - 117 - defined herein.
Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined herein.
Section 27.
20170SB0522PN0534 - 117 - Section 27.
This act shall take effect in one year <-- IMMEDIATELY.
This act shall take effect in one year.
<-- 20170SB0522PN0812 - 118 -
20170SB0522PN0534 - 118 -
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Action History

  1. Referred to JUDICIARY

  2. Third consideration and final passage

  3. PN 0875 Amended on third consideration

  4. PN 0812 Re-reported as amended

  5. Re-referred to APPROPRIATIONS

  6. Second consideration

  7. First consideration

  8. Reported as committed

  9. PN 0534 Referred to JUDICIARY

Sponsors

  • David G. Argall · Cosponsor
  • Browne · Cosponsor
  • Folmer · Cosponsor
  • Greenleaf · Primary
  • Mensch · Cosponsor
  • Reschenthaler · Cosponsor
  • Yudichak · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Greenleaf

Co-sponsors (6)

Not signed on (246)

246 members have not signed on to this bill.

Show all 246 →

"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 38 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23600
Republican 7600
Democratic 8000
Total 381200
% of votes cast 76%24%0%0%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Nay
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Nay
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Nay
REGAN — Nay
RESCHENTHALER — Yea
SABATINA — Nay
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Nay
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
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 Nay
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Nay
Martina A. White Republican Yea
Michele Brooks Republican Nay
Patrick J. Stefano Republican Nay
Scott E. Hutchinson Republican Nay
Scott Martin Republican Yea
Wayne Langerholc Republican Nay

Official roll call →

Committee vote (APPROPRIATIONS): Re-Reported as Amended

Passed 22 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4101
Unaffiliated 12200
Democratic 6000
Total 22301
% of votes cast 85%12%0%4%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
WAGNER — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
VULAKOVICH — Nay
WARD — Nay
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 Not Voting
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 Committed

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8300
Democratic 2000
Republican 1100
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
ALLOWAY — Yea
EICHELBERGER — Yea
FARNESE — Yea
GORDNER — Yea
LEACH — Yea
RESCHENTHALER — Yea
GREENLEAF — Yea
SCARNATI — Yea
RAFFERTY — Nay
SABATINA — Nay
VULAKOVICH — Nay
Art Haywood Democratic Yea
Lisa M. Boscola Democratic Yea
Gene Yaw Republican Yea
Wayne Langerholc Republican Nay

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 522?
SB 522 is sponsored by David G. Argall (Republican), Browne, Folmer, Greenleaf, Mensch, Reschenthaler, and Yudichak.
What is the current status of SB 522?
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 522?
Track SB 522 free on One Click Politics — get push/email alerts when it moves.

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