An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statues, in se...
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SB 14 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statues, in sentencing, further providing for conditions of probation and for modification or revocation of order of probation.
Last action — Referred to JUDICIARY
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
208 added · 651 removedPlain-language change summary
The revised version of Bill SB 14 includes a new requirement for the adoption of guidelines addressing administrative probation violations, establishing that any prison sentence for these violations cannot exceed 30 days. Additionally, it clarifies that a court cannot impose consecutive probation sentences or combine them with other types of confinement. These changes aim to create a more structured response to probation violations and reduce the potential for lengthy imprisonments, emphasizing rehabilitation over incarceration, which may help alleviate overcrowding in prisons and support reintegration into society.
PRIOR PRINTER'S NO.
59 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1819 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
WILLIAMS, BARTOLOTTA, STREET, FONTANA, WHITE, HUGHES, ALLOWAY, HAYWOOD,HAYWOOD AND COSTA, KEARNEY,JANUARY LEACH,24, COLLETT,2019 MENSCH,REFERRED FARNESE,TO BREWSTER,JUDICIARY, MUTH,JANUARY FOLMER,24, BLAKE,2019 SANTARSIERO,AN KILLION,ACT L.AmePennsylvania Consolidated Statutes, in judicial boards and commissions, providing for adoption of guidelines for administrative probation violations;
WILLIAMS, K.
WARD, IOVINO, BOSCOLA, MARTIN AND TARTAGLIONE, JANUARY 24, 2019 SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, JUNE 24, 2020 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the <-- commissions, providing for adoption of guidelines fors and administrative probation violations;
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <-- PENNSYLVANIA CONSOLIDATED STATUTES, IN SENTENCING, FURTHER PROVIDING FOR CONDITIONS OF PROBATION AND FOR MODIFICATION OR REVOCATION OF ORDER OF PROBATION.
Title 42 of the Pennsylvania Consolidated <-- Statutes is amended by adding a section to read:
20190SB0014PN1819 - 2 - (b) Conditions generally.--The court shall attach such of the reasonable conditions authorized by subsection (c) of this section as it deems necessary to insure or assist the defendant 20190SB0014PN0059 - 2 - in leading a law-abiding life.
(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in 20190SB0014PN1819 - 3 - his address or his employment.
(10) To report as directed to the court or the probation officer and to permit the probation officer to visit his 20190SB0014PN0059 - 3 - home.
Upon revocation the sentencing alternatives available to the court shall be [the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.] those adopted under section 2154.8 (relating to adoption of guidelines for 20190SB0014PN1819 - 4 - administrative probation violations).
(c) Limitation on sentence of total confinement.--[The] Except for defendants who were admitted to a program established 20190SB0014PN0059 - 4 - under section 9771.1(a) (relating to court-imposed sanctions for offenders violating probation), the court shall not impose a sentence of total confinement upon revocation unless it finds that:
(e) Early termination of probation for merit time.--Where a 20190SB0014PN1819 - 5 - defendant has successfully completed 18 months of supervised probation without violation or revocation, the probation sentence shall be terminated by the county probation department.
20190SB0014PN0059 - 5 - § 9771.1.
20190SB0014PN1819 - 6 - (j) Local rules.-- (1) The court may adopt local rules for the administration of this program.
[Except as provided for under 20190SB0014PN0059 - 6 - paragraph (2), the] The local rules [may not be inconsistent] must be consistent with this section or any rules adopted by the Supreme Court.
(b) Petition procedure.--The petition for resentencing shall be recognized as an authorized motion for sentence modification, assigned an identification code by the Administrative Office of Pennsylvania Courts and shall not require payment of a filing 20190SB0014PN1819 - 7 - fee.
(c) Successive petitions.--A successive petition may not be considered by the sentencing court unless new grounds are raised 20190SB0014PN0059 - 7 - in the petition.
SECTION20190SB0014PN0059 1.- 8 -
SECTION 9763(B) OF TITLE 42 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES, AMENDED DECEMBER 18, 2019 (P.L.770, NO.115), IS AMENDED TO READ:
§ 9763.
CONDITIONS OF PROBATION.
* * * (B) CONDITIONS GENERALLY.--THE COURT MAY ATTACH ANY OF THE FOLLOWING CONDITIONS UPON THE DEFENDANT AS IT DEEMS NECESSARY:
(1) TO MEET FAMILY RESPONSIBILITIES[.], INCLUDING CONSIDERATION OF CHILD CARE RESPONSIBILITIES AND LIMITATIONS, OTHER THAN THE CHILD CARE RESPONSIBILITIES AND LIMITATIONS CONTAINED IN 23 PA.C.S.
CH.
43 (RELATING TO SUPPORT MATTERS GENERALLY) WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS OF THAT CHAPTER.
(2) TO BE DEVOTED TO A SPECIFIC OCCUPATION, EMPLOYMENT OR EDUCATION, STUDY OR VOCATIONAL TRAINING INITIATIVE.
(3) TO PARTICIPATE IN A PUBLIC OR NONPROFIT COMMUNITY SERVICE PROGRAM.
(4) TO UNDERGO INDIVIDUAL OR FAMILY COUNSELING.
(5) TO UNDERGO AVAILABLE MEDICAL OR PSYCHIATRIC TREATMENT OR TO ENTER AND REMAIN IN A SPECIFIED INSTITUTION, WHEN REQUIRED FOR THAT PURPOSE.
(6) TO ATTEND EDUCATIONAL OR VOCATIONAL TRAINING PROGRAMS.
20190SB0014PN1819 - 8 - (7) TO ATTEND OR RESIDE IN A REHABILITATIVE FACILITY OR OTHER INTERMEDIATE PUNISHMENT PROGRAM.
(9) TO NOT POSSESS A FIREARM OR OTHER DANGEROUS WEAPON UNLESS GRANTED WRITTEN PERMISSION.
(10) TO MAKE RESTITUTION OF THE FRUITS OF THE CRIME OR TO MAKE REPARATIONS, IN AN AFFORDABLE AMOUNT AND ON A SCHEDULE THAT THE DEFENDANT CAN AFFORD TO PAY, FOR THE LOSS OR DAMAGE CAUSED BY THE CRIME.
(11) TO BE SUBJECT TO INTENSIVE SUPERVISION WHILE REMAINING WITHIN THE JURISDICTION OF THE COURT AND TO NOTIFY THE COURT OR DESIGNATED PERSON OF ANY CHANGE IN ADDRESS OR EMPLOYMENT.
THE COURT MUST PERMIT THE DEFENDANT TO TEMPORARILY LEAVE THE JURISDICTION OF THE COURT UNLESS THE COURT FINDS A SPECIFIC, IDENTIFIABLE AND FORSEEABLE REASON THAT LEAVING THE COURT'S JURISDICTION WOULD LIKELY RESULT IN THE DEFENDANT ABSCONDING, CAUSING HARM TO HIMSELF OR OTHERS OR COMMITTING A CRIME.
(12) TO REPORT AS DIRECTED TO THE COURT OR THE DESIGNATED PERSON AND TO PERMIT THE DESIGNATED PERSON TO VISIT THE DEFENDANT'S HOME.
(13) TO PAY A FINE.
(14) TO PARTICIPATE IN DRUG OR ALCOHOL SCREENING AND TREATMENT PROGRAMS, INCLUDING OUTPATIENT PROGRAMS.
Show all 174 changed lines (134 more)
(15) TO DO OTHER THINGS REASONABLY RELATED TO REHABILITATION.
* * * SECTION 2.
SECTION 9771(C) OF TITLE 42 IS AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
§ 9771.
MODIFICATION OR REVOCATION OF ORDER OF PROBATION.
* * * 20190SB0014PN1819 - 9 - (B.1) NONPAYMENT OF FINES OR COSTS.--NOTWITHSTANDING SUBSECTION (B), THE COURT MAY NOT EXTEND THE PERIOD OF PROBATION, MAY NOT IMPOSE A BRIEF SANCTION UNDER SECTION 9771.1 (RELATING TO COURT-IMPOSED SANCTIONS FOR VIOLATING PROBATION) AND MAY NOT REVOKE AN ORDER OF PROBATION SOLELY DUE TO NONPAYMENT OF FINES OR COSTS UNLESS THE COURT FINDS, WITH RESPECT TO THE PAYMENT OF FINES, THE DEFENDANT IS FINANCIALLY ABLE TO PAY THE FINES AND HAS WILLFULLY REFUSED TO DO SO.
(C) LIMITATION ON SENTENCE OF TOTAL CONFINEMENT.--[THE COURT SHALL NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION UNLESS IT FINDS THAT:
(1) THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER CRIME;
OR (2) THE CONDUCT OF THE DEFENDANT INDICATES THAT IT IS LIKELY THAT HE WILL COMMIT ANOTHER CRIME IF HE IS NOT IMPRISONED;
OR (3) SUCH A SENTENCE IS ESSENTIAL TO VINDICATE THE AUTHORITY OF THE COURT.] THE FOLLOWING APPLY:
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE COURT MAY NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION UNLESS THE COURT FINDS THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER CRIME.
(2) A COURT MAY IMPOSE A DETERMINATE SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT COMMITTED A TECHNICAL VIOLATION AND ANY OF THE FOLLOWING APPLY:
(I) THE TECHNICAL VIOLATION WAS SEXUAL IN NATURE.
(II) THE TECHNICAL VIOLATION INVOLVED ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY INJURY TO ANOTHER.
20190SB0014PN1819 - 10 - (III) THE TECHNICAL VIOLATION INVOLVED POSSESSION OR CONTROL OF A WEAPON.
(IV) THE DEFENDANT ABSCONDED AND CANNOT BE SAFELY DIVERTED FROM TOTAL CONFINEMENT THROUGH LESS RESTRICTIVE MEANS.
(V) THERE EXISTS AN IDENTIFIABLE THREAT TO PUBLIC SAFETY, AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM TOTAL CONFINEMENT THROUGH LESS RESTRICTIVE MEANS.
(VI) THE TECHNICAL VIOLATION INVOLVED AN INTENTIONAL AND UNEXCUSED FAILURE TO ADHERE TO RECOMMENDED PROGRAMMING OR CONDITIONS ON MORE THAN THREE OCCASIONS, AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM TOTAL CONFINEMENT THROUGH LESS RESTRICTIVE MEANS.
(3) IF A COURT IMPOSES A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION FOR A CONDITION UNDER PARAGRAPH (2), THE DEFENDANT SHALL BE SENTENCED AS FOLLOWS:
(I) FOR A FIRST TECHNICAL VIOLATION, A MAXIMUM PERIOD OF 14 DAYS.
(II) FOR A SECOND TECHNICAL VIOLATION, A MAXIMUM PERIOD OF 30 DAYS.
(III) FOR A THIRD OR SUBSEQUENT TECHNICAL VIOLATION, THE COURT MAY IMPOSE ANY SENTENCING ALTERNATIVES AVAILABLE AT THE TIME OF INITIAL SENTENCING.
(IV) FOR A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION FOR A CONDITION UNDER PARAGRAPH (2)(I), (II), (III) OR (V), THE COURT MAY ADD UP TO AN ADDITIONAL 30 DAYS FOR A FIRST TECHNICAL VIOLATION OR UP TO AN ADDITIONAL 45 DAYS FOR A SECOND TECHNICAL VIOLATION.
(V) THE COURT SHALL CONSIDER ALLOWING THE TERM OF INCARCERATION TO BE SERVED ON WEEKENDS OR OTHER NONWORK 20190SB0014PN1819 - 11 - DAYS FOR EMPLOYED PROBATIONERS WHO HAVE COMMITTED A FIRST OR SECOND TECHNICAL VIOLATION.
(VI) THE TIME LIMITATIONS CONTAINED IN THIS PARAGRAPH SHALL NOT APPLY TO THE EXTENT AN ADDITIONAL TERM OF TOTAL CONFINEMENT IS NECESSARY TO ALLOW A DEFENDANT TO EITHER BE EVALUATED FOR OR TO PARTICIPATE IN:
(A) A COURT-ORDERED DRUG, ALCOHOL OR MENTAL HEALTH TREATMENT PROGRAM;
OR (B) A PROBLEM-SOLVING COURT PROVIDED FOR IN SECTION 916 (RELATING TO PROBLEM-SOLVING COURTS).
* * * (E) MANDATORY PROBATION REVIEW CONFERENCE.-- (1) (I) SUBJECT TO SUBPARAGRAPH (II), A DEFENDANT SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE AFTER THE DEFENDANT HAS COMPLETED THREE YEARS OF PROBATION FOLLOWING A MISDEMEANOR CONVICTION OR FIVE YEARS OF PROBATION FOLLOWING A FELONY CONVICTION.
(II) IF THE SENTENCE OR SENTENCES IMPOSED ARISE OUT OF THE CONVICTION FOR MULTIPLE OFFENSES AND:
(A) THE SENTENCE OR SENTENCES IMPOSED ARE ALL MISDEMEANORS AND ARE BASED ON THE SAME CONDUCT OR ARISE FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE INITIAL COMPLETION OF THREE YEARS OF PROBATION BY THE DEFENDANT.
(B) THE SENTENCE OR SENTENCES IMPOSED INCLUDE A FELONY AND ARE BASED ON THE SAME CONDUCT OR ARISE FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE 20190SB0014PN1819 - 12 - INITIAL COMPLETION OF FIVE YEARS OF PROBATION BY THE DEFENDANT.
(2) UNLESS WAIVED UNDER SUBSECTION (D), THE COURT SHALL HOLD A PROBATION REVIEW CONFERENCE NO LATER THAN 60 DAYS FROM THE DATE THE DEFENDANT IS ELIGIBLE.
IF A DEFENDANT'S PROBATION REVIEW CONFERENCE HAS NOT COMMENCED WITHIN THE TIME FRAMES SPECIFIED IN THIS SUBSECTION, THE DEFENDANT'S ATTORNEY, OR THE DEFENDANT IF UNREPRESENTED, MAY FILE A MOTION DEMANDING A PROBATION REVIEW CONFERENCE WITHIN FIVE BUSINESS DAYS.
(3) A DEFENDANT SERVING PROBATION FOLLOWING EITHER A FELONY CONVICTION OR MISDEMEANOR CONVICTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE SIX MONTHS PRIOR TO THE DATE THAT THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH (1) IF THE DEFENDANT SUCCESSFULLY SATISFIES ANY OF THE FOLLOWING CONDITIONS WHILE SERVING THE TERM OF PROBATION:
(I) EARNS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCY.
(II) EARNS AN ASSOCIATE DEGREE FROM AN ACCREDITED UNIVERSITY, COLLEGE, SEMINARY COLLEGE, COMMUNITY COLLEGE OR TWO-YEAR COLLEGE.
(III) EARNS A BACHELOR'S DEGREE FROM AN ACCREDITED UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.
(IV) EARNS A MASTER'S OR OTHER GRADUATE DEGREE FROM AN ACCREDITED UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.
(V) OBTAINS A VOCATIONAL OR OCCUPATIONAL LICENSE, CERTIFICATE, REGISTRATION OR PERMIT.
(VI) COMPLETES A CERTIFIED VOCATIONAL, CERTIFIED TECHNICAL OR CERTIFIED CAREER EDUCATION OR TRAINING 20190SB0014PN1819 - 13 - PROGRAM.
(VII) ANY OTHER CONDITION APPROVED BY THE COURT AT THE TIME OF SENTENCING THAT SUBSTANTIALLY ASSISTS THE DEFENDANT IN LEADING A LAW-ABIDING LIFE OR FURTHERS THE REHABILITATIVE NEEDS OF THE DEFENDANT.
(4) A DEFENDANT SERVING PROBATION FOLLOWING A FELONY CONVICTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE UP TO A TOTAL OF SIX MONTHS PRIOR TO THE DATE THAT THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH (3) IF THE DEFENDANT SATISFIES AN ADDITIONAL CONDITION SPECIFIED IN PARAGRAPH (3) WHILE SERVING THE TERM OF PROBATION.
(5) A DEFENDANT SENTENCED TO PROBATION FOLLOWING EITHER A FELONY CONVICTION OR A MISDEMEANOR CONVICTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE PRIOR TO THE DATE OTHERWISE ELIGIBLE UNDER PARAGRAPHS (1), (3) OR (4) AS FOLLOWS:
(I) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE CALENDAR MONTHS SERVED ON PROBATION WITHOUT A VIOLATION.
SUCH SIX-CALENDAR-MONTH-PERIOD SHALL BE REFERRED TO AS THE "NON-VIOLATION PERIOD." NO TWO NON-VIOLATION PERIODS MAY CONTAIN THE SAME CALENDAR MONTH IN THE SAME CALENDAR YEAR.
(II) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE CALENDAR MONTHS IN WHICH THE DEFENDANT MAINTAINS AT LEAST 80 HOURS PER MONTH OF EMPLOYMENT.
SUCH SIX-CALENDAR- MONTH-PERIOD SHALL BE REFERRED TO AS THE "EMPLOYMENT PERIOD." NO TWO EMPLOYMENT PERIODS MAY CONTAIN THE SAME CALENDAR MONTH IN THE SAME CALENDAR YEAR.
(III) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE CALENDAR MONTHS IN WHICH THE DEFENDANT PERFORMS AT LEAST 20190SB0014PN1819 - 14 - 80 HOURS PER MONTH OF COMMUNITY SERVICE ON BEHALF OF A PENNSYLVANIA REGISTERED 501(C)(3) NONPROFIT ORGANIZATION OR CIVIC OR GOVERNMENTAL AGENCY.
SUCH SIX-CALENDAR-MONTH- PERIOD SHALL BE REFERRED TO AS THE "COMMUNITY SERVICE PERIOD." NO TWO COMMUNITY SERVICE PERIODS MAY CONTAIN THE SAME CALENDAR MONTH IN THE SAME CALENDAR YEAR.
(IV) IN NO EVENT SHALL THE TOTAL REDUCTION IN TIME CALCULATED PURSUANT TO THIS PARAGRAPH EXCEED SIX MONTHS.
(6) TO QUALIFY A DEFENDANT FOR AN ACCELERATED INITIAL PROBATION REVIEW CONFERENCE UNDER PARAGRAPH (3), (4) OR (5), ANY CONDITION UNDER PARAGRAPH (3)(V), (VI) OR (VII) AN EMPLOYER REFERENCED UNDER PARAGRAPH (5)(II) OR A NONPROFIT ORGANIZATION OR CIVIC OR GOVERNMENTAL AGENCY REFERENCED UNDER PARAGRAPH (5)(III) MUST BE APPROVED BY THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY OR ANY ADVISORY COMMITTEE OF THAT COMMISSION DESIGNATED TO PROVIDE APPROVAL.
(7) A DEFENDANT SENTENCED TO A PERIOD OF PROBATION CONSECUTIVE TO A PERIOD OF INCARCERATION IN A STATE CORRECTIONAL INSTITUTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE 12 MONTHS PRIOR TO THE DATE THAT A DEFENDANT WOULD OTHERWISE BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE UNDER PARAGRAPH (1) IF THE DEFENDANT COMPLETED THE FINAL 12 MONTHS OF STATE PAROLE SUPERVISION WITHOUT VIOLATING THE TERMS AND CONDITIONS OF THE DEFENDANT'S PAROLE.
THIS PARAGRAPH SHALL NOT APPLY TO A DEFENDANT WHO SERVES FEWER THAN 12 MONTHS ON STATE PAROLE SUPERVISION.
(8) NOTWITHSTANDING PARAGRAPHS (1) AND (11), NO DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE IF:
(I) A COURT DETERMINES BY A PREPONDERANCE OF THE 20190SB0014PN1819 - 15 - EVIDENCE THAT THE DEFENDANT COMMITTED ONE OF THE FOLLOWING TECHNICAL VIOLATIONS WITHIN THE NINE MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW CONFERENCE:
(A) A TECHNICAL VIOLATION THAT WAS SEXUAL IN NATURE.
(B) A TECHNICAL VIOLATION THAT INVOLVED ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY INJURY TO ANOTHER.
(C) A TECHNICAL VIOLATION THAT INVOLVED POSSESSION OR CONTROL OF A WEAPON.
(D) THE DEFENDANT ABSCONDED.
(E) A TECHNICAL VIOLATION THAT INVOLVED AN IDENTIFIABLE THREAT TO PUBLIC SAFETY.
(F) A TECHNICAL VIOLATION THAT INVOLVED AN INTENTIONAL AND UNEXCUSED FAILURE TO ADHERE TO RECOMMENDED PROGRAMMING OR CONDITIONS ON MORE THAN THREE OCCASIONS.
(II) A COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT COMMITTED ANY OTHER TECHNICAL VIOLATION NOT ENUMERATED IN SUBPARAGRAPH (I) WITHIN THE SIX MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW CONFERENCE.
(III) THE DEFENDANT WAS CONVICTED OF A MISDEMEANOR OR FELONY OFFENSE COMMITTED WHILE EITHER INCARCERATED OR SERVING PROBATION.
(9) FOLLOWING THE PROBATION REVIEW CONFERENCE, THE COURT SHALL TERMINATE PROBATION UNLESS THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE ANY OF THE FOLLOWING:
(I) THE CONDUCT OF THE DEFENDANT ON PROBATION 20190SB0014PN1819 - 16 - CREATES AN IDENTIFIABLE THREAT TO PUBLIC SAFETY, INCLUDING CONSIDERATION OF WHETHER THE DEFENDANT IS THE SUBJECT OF AN ACTIVE PROTECTION FROM ABUSE ORDER UNDER 23 PA.C.S.
CH.
61 (RELATING TO PROTECTION FROM ABUSE) OR AN ACTIVE PROTECTION FROM INTIMIDATION ORDER UNDER 18 PA.C.S.
CH.
49 SUBCH.
B (RELATING TO VICTIM AND WITNESS INTIMIDATION).
(II) THE DEFENDANT HAS NOT SUCCESSFULLY COMPLETED ALL TREATMENT OR OTHER PROGRAMS REQUIRED AS A CONDITION OF PROBATION AND TERMINATION OF PROBATION WOULD EITHER PREVENT THE DEFENDANT FROM CONTINUING IN THE COURT- MANDATED TREATMENT OR PROGRAMMING THAT THE COURT DETERMINES IS STILL NECESSARY TO AID IN THE DEFENDANT'S REHABILITATION OR WOULD CREATE A SUBSTANTIAL LIKELIHOOD THAT THE DEFENDANT WOULD DISCONTINUE THE TREATMENT OR PROGRAMS.
(III) THE DEFENDANT HAS FAILED TO PAY THE TOTAL RESTITUTION OWED BY THE DEFENDANT.
(10) IF THE COURT DOES NOT TERMINATE PROBATION AT A PROBATION REVIEW CONFERENCE SOLELY BECAUSE OF THE DEFENDANT'S FAILURE TO PAY RESTITUTION IN FULL, THE COURT SHALL ORDER THAT THE DEFENDANT BE PLACED ON ADMINISTRATIVE PROBATION IF THE DEFENDANT EITHER HAS PAID AT LEAST 50% OF THE RESTITUTION OWED OR THE COURT DETERMINES, CONSIDERING THE DEFENDANT'S RESOURCES, INCOME AND FAMILY, LEGAL OR OTHER OBLIGATIONS, THAT THE DEFENDANT HAS MADE A GOOD FAITH EFFORT TO PAY.
FOR PURPOSES OF THIS PARAGRAPH, "ADMINISTRATIVE PROBATION" SHALL BE DEFINED AS PROBATION IMPOSED UNDER THIS PARAGRAPH THAT:
(I) REQUIRES A DEFENDANT TO MAKE SUPERVISION CONTACT AT LEAST ONE TIME PER YEAR.
20190SB0014PN1819 - 17 - (II) REQUIRES A DEFENDANT TO PROVIDE UPDATED CONTACT INFORMATION UPON A CHANGE IN RESIDENCE OR EMPLOYMENT.
(III) REQUIRES A DEFENDANT TO PAY THE REMAINING RESTITUTION OWED, AS ORDERED BY THE COURT ON A SCHEDULE THAT THE DEFENDANT CAN AFFORD TO PAY.
(IV) DOES NOT IMPOSE ANY OTHER CONDITION OF PROBATION.
(11) IF THE COURT DOES NOT TERMINATE PROBATION AT A PROBATION REVIEW CONFERENCE, THE DEFENDANT SHALL RECEIVE WRITTEN NOTICE OF THE COURT'S ORDER DETAILING ITS FINDINGS.
THE DEFENDANT SHALL BE ELIGIBLE FOR A SUBSEQUENT PROBATION REVIEW CONFERENCE NO LATER THAN 12 MONTHS AFTER THE DATE OF THE MOST RECENT PROBATION REVIEW CONFERENCE.
(12) THIS SUBSECTION SHALL NOT APPLY AND THE DEFENDANT SHALL NOT BE ENTITLED TO A PROBATION REVIEW IF ANY OF THE FOLLOWING HAS OCCURRED:
(I) THE DEFENDANT WAS CONVICTED OF AN OFFENSE LISTED UNDER SUBCHAPTER H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) OF CHAPTER 97.
(II) THE DEFENDANT WAS CONVICTED OF A CRIME OF VIOLENCE.
(III) THE DEFENDANT WAS CONVICTED OF AN OFFENSE UNDER 18 PA.C.S.
§ 2701 (RELATING TO SIMPLE ASSAULT) OR 2709.1 (RELATING TO STALKING) AGAINST A FAMILY OR HOUSEHOLD MEMBER.
(13) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO:
(I) PREVENT A DEFENDANT FROM PETITIONING A COURT FOR EARLY TERMINATION OF PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF PROBATION AS OTHERWISE PERMITTED 20190SB0014PN1819 - 18 - BY LAW.
(II) PROHIBIT THE COURT, IN ITS DISCRETION, FROM ELIMINATING OR DECREASING THE TERM OF PROBATION UNDER SUBSECTION (D).
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CRIME OF VIOLENCE." AS DEFINED IN SECTION 9714(G) (RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES).
"FAMILY OR HOUSEHOLD MEMBERS." AS DEFINED IN 23 PA.C.S.
§ 6102(A) (RELATING TO DEFINITIONS).
"TECHNICAL VIOLATION." A VIOLATION OF THE TERMS AND CONDITIONS OF A DEFENDANT'S SENTENCE, OTHER THAN BY THE COMMISSION OF A NEW CRIME OF WHICH THE DEFENDANT IS CONVICTED OR FOUND GUILTY BY A JUDGE OR JURY OR TO WHICH THE DEFENDANT PLEADS GUILTY OR NOLO CONTENDERE IN A COURT OF RECORD.
SECTION 3.
THIS ACT SHALL APPLY AS FOLLOWS:
(1) THIS ACT SHALL APPLY TO INDIVIDUALS SENTENCED OR RESENTENCED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(2) EXCEPT FOR THE ADDITION OF 42 PA.C.S.
§ 9771(E), THIS ACT SHALL APPLY TO INDIVIDUALS SENTENCED OR RESENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
SECTION 4.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT A DEFENDANT FROM PETITIONING A COURT FOR EARLY TERMINATION OF PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF PROBATION AS OTHERWISE PERMITTED BY LAW.
SECTION 5.
COURTS SHALL ENSURE THAT THE PROBATION OF ALL INDIVIDUALS SENTENCED OR RESENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE REVIEWED TO DETERMINE WHETHER THE INDIVIDUALS SHOULD BE CONSIDERED FOR EARLY TERMINATION OF 20190SB0014PN1819 - 19 - PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF PROBATION.
THE REVIEW SHALL OCCUR AT THE LATER OF TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION OR:
(1) THE DATE THE INDIVIDUAL HAS COMPLETED THREE YEARS OF PROBATION FOLLOWING A MISDEMEANOR CONVICTION OR FIVE YEARS OF PROBATION FOLLOWING A FELONY CONVICTION;
OR (2) IF THE SENTENCE OR SENTENCES IMPOSED ARISE OUT OF THE CONVICTION OF MULTIPLE OFFENSES AND:
(I) THE SENTENCE OR SENTENCES IMPOSED ARE ALL MISDEMEANORS AND ARE BASED ON THE SAME CONDUCT OR ARISE FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE INITIAL COMPLETION OF THREE YEARS OF PROBATION BY THE DEFENDANT.
(II) THE SENTENCE OR SENTENCES IMPOSED INCLUDE A FELONY AND ARE BASED ON THE SAME CONDUCT OR ARISE FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE INITIAL COMPLETION OF FIVE YEARS OF PROBATION BY THE DEFENDANT.
FOR EACH CASE UNDER REVIEW, THE DEFENDANT AND THE COMMONWEALTH SHALL HAVE THE OPPORTUNITY, IN ADVANCE OF A DECISION, TO PROVIDE WRITTEN COMMENTS TO THE COURT.
COURTS MAY BY LOCAL RULE ADOPT SUCH PROCEDURES AS THEY DEEM APPROPRIATE TO ACCOMPLISH THE REVIEWS.
SECTION 6.
WHEN A COURT, EITHER AS A RESULT OF A PETITION OR AS A RESULT OF ITS REVIEW UNDER SECTION 5 OF THIS ACT, SEEKS TO DETERMINE WHETHER AN INDIVIDUAL SENTENCED OR RESENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHOULD BE CONSIDERED FOR EARLY TERMINATION OF PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF PROBATION, THE COURT SHALL ENSURE THAT DUE CONSIDERATION IS GIVEN TO WHETHER THE INDIVIDUAL HAS 20190SB0014PN1819 - 20 - SUCCESSFULLY SATISFIED THE CONDITIONS CONTAINED IN 42 PA.C.S.
§ 9771(E)(3)(I), (II), (III), (IV), (V), (VI) AND (VII) OR HAS ENGAGED IN BEHAVIOR THAT WOULD HAVE OTHERWISE MADE THE INDIVIDUAL ELIGIBLE FOR THE REDUCTIONS IN TIME SPECIFIED IN 42 PA.C.S.
§ 9771(E)(5), (I), (II) AND (III).
SECTION 7.
SECTION 5 OF THIS ACT SHALL NOT APPLY AND THE DEFENDANT SHALL NOT BE ENTITLED TO A PROBATION REVIEW IF:
(1) THE DEFENDANT COMMITTED ONE OF THE FOLLOWING TECHNICAL VIOLATIONS WITHIN THE NINE MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW CONFERENCE:
(I) A TECHNICAL VIOLATION THAT WAS SEXUAL IN NATURE.
(II) A TECHNICAL VIOLATION THAT INVOLVED ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY INJURY TO ANOTHER.
(III) A TECHNICAL VIOLATION THAT INVOLVED POSSESSION OR CONTROL OF A WEAPON.
(IV) THE DEFENDANT ABSCONDED.
(V) A TECHNICAL VIOLATION THAT INVOLVED AN IDENTIFIABLE THREAT TO PUBLIC SAFETY.
(VI) A TECHNICAL VIOLATION WHICH INVOLVED AN INTENTIONAL AND UNEXCUSED FAILURE TO ADHERE TO RECOMMENDED PROGRAMMING OR CONDITIONS ON MORE THAN THREE OCCASIONS.
(2) THE DEFENDANT COMMITTED ANY OTHER TECHNICAL VIOLATION NOT ENUMERATED IN PARAGRAPH (1) WITHIN THE SIX MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW CONFERENCE.
(3) THE DEFENDANT WAS CONVICTED OF A MISDEMEANOR OR FELONY OFFENSE COMMITTED WHILE EITHER INCARCERATED OR SERVING PROBATION.
20190SB0014PN1819 - 21 - (4) THE DEFENDANT WAS CONVICTED OF AN OFFENSE LISTED UNDER 42 PA.C.S.
CH.
97 SUBCH.
H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS).
(5) THE DEFENDANT WAS CONVICTED OF A CRIME OF VIOLENCE.
(6) THE DEFENDANT WAS CONVICTED OF AN OFFENSE UNDER 18 PA.C.S.
§ 2701 (RELATING TO SIMPLE ASSAULT) OR 2709.1 (RELATING TO STALKING) AGAINST A FAMILY OR HOUSEHOLD MEMBER.
SECTION 8.
THIS ACT SHALL TAKE EFFECT JANUARY 1, 2021.
20190SB0014PN1819 - 22 -
Show all 174 changed rows (134 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Referred to JUDICIARY
-
Third consideration and final passage
-
Re-reported as committed
-
Re-referred to APPROPRIATIONS
-
PN 1834 Second consideration, with amendments
-
First consideration
-
PN 1819 Reported as amended
-
PN 0059 Referred to JUDICIARY
Sponsors
- Camera Bartolotta · Cosponsor
- Sharif Street · Cosponsor
- Wayne D. Fontana · Cosponsor
- White · Cosponsor
- Vincent J. Hughes · Cosponsor
- Alloway · Cosponsor
- Anthony H. Williams · Primary
- Art Haywood · Cosponsor
- Timothy P. Kearney · Cosponsor
- Leach · Cosponsor
- Maria Collett · Cosponsor
- Mensch · Cosponsor
- Farnese · Cosponsor
- Brewster · Cosponsor
- Katie J. Muth · Cosponsor
- Folmer · Cosponsor
- Blake · Cosponsor
- Killion · Cosponsor
- Iovino · Cosponsor
- Lisa M. Boscola · Cosponsor
- Scott Martin · Cosponsor
- Christine M. Tartaglione · Cosponsor
- Lindsey M. Williams · Cosponsor
- Steven J. Santarsiero · Cosponsor
- Jay Costa · Cosponsor
- Kim L. Ward · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 25 co-sponsors · 227 not signed on
Sponsors (1)
- Anthony H. Williams Democratic
Co-sponsors (25)
- Camera Bartolotta Republican
- Sharif Street Democratic
- Wayne D. Fontana Democratic
- White
- Vincent J. Hughes Democratic
- Alloway
- Art Haywood Democratic
- Timothy P. Kearney Democratic
- Leach
- Maria Collett Democratic
- Mensch
- Farnese
- Brewster
- Katie J. Muth Democratic
- Folmer
- Blake
- Killion
- Iovino
- Lisa M. Boscola Democratic
- Scott Martin Republican
- Christine M. Tartaglione Democratic
- Lindsey M. Williams Democratic
- Steven J. Santarsiero Democratic
- Jay Costa Democratic
- Kim L. Ward Republican
Not signed on (227)
227 members have not signed on to this bill.
Show all 227 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 0 |
| Republican | 17 | 0 | 0 | 0 |
| Democratic | 14 | 0 | 0 | 0 |
| Total | 50 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| CORMAN | — | Yea |
| ARNOLD | — | Yea |
| AUMENT | — | Yea |
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| BROWNE | — | Yea |
| DINNIMAN | — | Yea |
| DISANTO | — | Yea |
| FARNESE | — | Yea |
| GORDNER | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Yea |
| MENSCH | — | Yea |
| REGAN | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| SCAVELLO | — | Yea |
| YUDICHAK | — | Yea |
| Anthony H. Williams | Democratic | Yea |
| Art Haywood | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Katie J. Muth | Democratic | Yea |
| Lindsey M. Williams | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Timothy P. Kearney | 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 |
| Doug Mastriano | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Judy Ward | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Total | 24 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| SCAVELLO | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| SCARNATI | — | Yea |
| BLAKE | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| MENSCH | — | Yea |
| Art Haywood | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| FARNESE | — | Yea |
| GORDNER | — | Yea |
| REGAN | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| Art Haywood | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 14?
- SB 14 is sponsored by Camera Bartolotta (Republican), Sharif Street (Democratic), Wayne D. Fontana (Democratic), White, Vincent J. Hughes (Democratic), Alloway, Anthony H. Williams (Democratic), Art Haywood (Democratic), Timothy P. Kearney (Democratic), Leach, Maria Collett (Democratic), Mensch, Farnese, Brewster, Katie J. Muth (Democratic), Folmer, Blake, Killion, Iovino, Lisa M. Boscola (Democratic), Scott Martin (Republican), Christine M. Tartaglione (Democratic), Lindsey M. Williams (Democratic), Steven J. Santarsiero (Democratic), Jay Costa (Democratic), and Kim L. Ward (Republican).
- What is the current status of SB 14?
- This bill died with 2019-2020 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 14?
- Track SB 14 free on One Click Politics — get push/email alerts when it moves.
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