SB 1158 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, further providing for general authority of Governor.

PRIOR PRINTER'S NO.

1703 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1820 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, AUMENT, REGAN, YUDICHAK, BROWNE, YAW, MARTIN,MARTIN PITTMAN AND STEFANO,PITTMAN, MAY 18, 2020 SENATORREFERRED BAKER,TO JUDICIARY, ASMAY AMENDED,18, JUNE 24, 2020 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidatedproviding Statutes,for ingeneral Commonwealthauthority services,of Governor.ces, further providingThe forGeneral generalAssembly authorityof the Commonwealth of Governor.Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 7301(f) of Title 35 of the Pennsylvania <-- Consolidated Statutes is amended by adding paragraphs to read:

* * * SECTIONSection 1.2.

SECTION 7301 OF TITLE 35 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 7301.

GENERAL AUTHORITY OF GOVERNOR.

* * * 20200SB1158PN1820 - 2 - (G) RELEASE OF INCARCERATED INDIVIDUALS.-- (1) IN THE EVENT THAT THE GOVERNOR, BY EXECUTIVE ORDER, PROCLAMATION, REGULATION OR OTHERWISE SEEKS TO RELEASE, TRANSFER OR OTHERWISE MOVE AN INMATE FROM THE CUSTODY OF A STATE CORRECTIONAL INSTITUTION OR COUNTY CORRECTIONAL INSTITUTION AS A RESULT OF THE AUTHORITY VESTED IN THE GOVERNOR PURSUANT TO THIS TITLE, THE GOVERNOR MUST FIRST IDENTIFY SPECIFIC CONDITIONS OF THE DISASTER THAT CREATE A SPECIFIC AND SUBSTANTIAL DANGER TO THE INMATE IF THE INMATE REMAINS INCARCERATED AND WHICH SPECIFIC AND SUBSTANTIAL DANGER WOULD BE REDUCED OR ELIMINATED IF THE INMATE WAS RELEASED.

(2) THE OFFICE OF VICTIM ADVOCATE, EITHER THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL WHO HAD JURISDICTION OVER THE SENTENCE FOR WHICH THE INMATE WAS INCARCERATED, AND THE SENTENCING COURT SHALL BE PROVIDED NOTICE OF THE INMATE WHOM THE GOVERNOR SEEKS TO RELEASE, TRANSFER OR OTHERWISE MOVE UNDER PARAGRAPH (1) AND SHALL BE GIVEN NO LESS THAN 72 HOURS AFTER RECEIPT OF THE NOTICE TO OBJECT OR OTHERWISE COMMENT ON THE RELEASE, TRANSFER OR OTHER MOVEMENT OF THE INMATE.

IN THE EVENT THAT THE INMATE IS INCARCERATED IN A COUNTY CORRECTIONAL INSTITUTION, THE NOTICE SHALL ALSO BE PROVIDED TO THE BOARD OF COMMISSIONERS OR THE COUNTY EXECUTIVE OF THE COUNTY IN WHICH THE INSTITUTION IS LOCATED, AND THE BOARD OF COMMISSIONERS OR COUNTY EXECUTIVE SHALL BE GIVEN AN OPPORTUNITY TO OBJECT OR OTHERWISE COMMENT.

NO INDIVIDUAL MAY BE RELEASED, TRANSFERRED OR OTHERWISE MOVED UNDER PARAGRAPH (1) FOR WHICH AN OBJECTION IS TIMELY RECEIVED.

(3) REGARDLESS OF THE SENTENCE IMPOSED, AN INMATE MAY NOT BE RELEASED, TRANSFERRED OR OTHERWISE MOVED UNDER 20200SB1158PN1820 - 3 - PARAGRAPH (1) IF THE INMATE WAS OR IS:

(I) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE CONTAINING A PERSONAL INJURY CRIME OR A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT A PERSONAL INJURY CRIME AS DEFINED IN SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT;

(II) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE CONTAINING A CRIME OF VIOLENCE OR A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT A CRIME OF VIOLENCE AS DEFINED IN 42 PA.C.S.

§ 9714(G) (RELATING TO SENTENCES FOR SECOND OR SUBSEQUENT OFFENSES);

(III) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE CONTAINING AN OFFENSE UNDER 18 PA.C.S.

CH.

61 (RELATING TO FIREARMS AND OTHER DANGEROUS ARTICLES) OR A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT THE OFFENSE;

(IV) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE CONTAINING AN ENHANCEMENT FOR THE USE OF A DEADLY WEAPON AS DEFINED UNDER LAW OR THE SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING OR WHERE THE ATTORNEY FOR THE COMMONWEALTH HAS DEMONSTRATED THAT THE DEFENDANT HAS BEEN FOUND GUILTY OF OR WAS CONVICTED OF AN OFFENSE INVOLVING A DEADLY WEAPON OR A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT THE OFFENSE OR AN EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN 20200SB1158PN1820 - 4 - NATION;

(V) COMMITTED FOR OR WITH AN AGGREGATE SENTENCE CONTAINING A VIOLATION OF ANY OF THE FOLLOWING PROVISIONS OR AN EQUIVALENT OFFENSE UNDER THE LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, INCLUDING A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY TO COMMIT THE OFFENSE:

18 PA.C.S.

§ 4302(A) (RELATING TO INCEST).

18 PA.C.S.

§ 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).

18 PA.C.S.

CH.

76 SUBCH.

C (RELATING TO INTERNET CHILD PORNOGRAPHY).

A CRIMINAL SENTENCE UNDER 42 PA.C.S.

§ 9712.1 (RELATING TO SENTENCES FOR CERTAIN DRUG OFFENSES COMMITTED WITH FIREARMS).

AN OFFENSE LISTED UNDER 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS).

AN OFFENSE LISTED UNDER 42 PA.C.S.

CH.

97 SUBCH.