H1555B1937A04167 SFR:JSL 12/05/19 #90 A04167
AMENDMENTS TO HOUSE BILL NO. 1555
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 1937
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated States,
in sentencing, further providing for order of probation and
for modification or revocation of order of probation; in
other criminal provisions, further providing for definitions
and for supervisory relationship to offenders; and, in
Pennsylvania Board of Probation and Parole, further providing
for supervisory relationship to offenders.
Amend Bill, page 1, lines 9 through 20; pages 2 through 11,
lines 1 through 30; by striking out all of said lines on said
pages and inserting
Section 1. Section 9754(c) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 9754. Order of probation.
* * *
(c) Specific conditions.--The court may as a condition of
its order require the defendant:
(1) To meet his family responsibilities, including
consideration of child care responsibilities and limitations.
(2) To devote himself to a specific occupation [or],
employment or education initiative.
(2.1) To participate in a public or nonprofit community
service program unless the defendant was convicted of murder,
rape, aggravated assault, arson, theft by extortion,
terroristic threats, robbery or kidnapping.
(3) To undergo available medical or psychiatric
treatment and to enter and remain in a specified institution,
when required for that purpose.
(4) To pursue a prescribed secular course of study or
vocational training.
(5) To attend or reside in a facility established for
the instruction, recreation, or residence of persons on
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probation.
[(6) To refrain from frequenting unlawful or
disreputable places or consorting with disreputable persons.]
(7) To have in his possession no firearm or other
dangerous weapon unless granted written permission.
(8) To make restitution of the fruits of his crime or to
make reparations, in an amount and on a schedule that he can
afford to pay, for the loss or damage caused thereby.
(9) To remain within the jurisdiction of the court and
to notify the court or the probation officer of any change in
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
home.
(11) To pay such fine as has been imposed.
(12) To participate in drug or alcohol treatment
programs.
(13) To satisfy any other conditions reasonably related
to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom
of conscience.
(14) To remain within the premises of his residence
during the hours designated by the court.
* * *
(e) Prescribed medications.--A court may not, as a condition
of probation, prohibit the lawful possession or use of a
prescribed medication, including medical marijuana, unless:
(1) the defendant is being sentenced for an offense
under Chapter 13 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, or the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act; or
(2) t he court determines that a prohibition against the
possession or use of a lawfully prescribed medication is
necessary and appropriate to meet the sentencing standards
articulated in section 9721 (relating to sentencing
generally).
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.
* * *
(b.1) Nonpayment of fines or costs.--Notwithstanding
subsection (b), the court may not extend the period of probation
solely due to nonpayment of fines or costs unless the court
finds that the defendant is financially able to pay 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
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(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 sentence of total confinement
upon revocation if 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.
(iii) The technical violation involved possession or
control of a weapon.
(iv) The defendant absconded and cannot be safely
diverted from incarceration.
(v) There exists an identifiable threat to public
safety, and the defendant cannot be safely diverted from
incarceration.
(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
incarceration.
(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
days for employed probationers who have committed a first
or second technical violation.
* * *
(e) Possession or use of prescribed medications.--A court
may not consider a defendant's lawful possession or use of a
prescribed medication, including medical marijuana, as a basis
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for the modification or revocation of an order of probation
unless a prohibition on the possession or use of the prescribed
medication is a condition of the defendant's probation.
(f) Mandatory probation review conference.--
(1) A defendant shall be eligible for an initial
probation review conference as follows:
(i) Subject to subparagraph (ii), after the
defendant has completed three years of probation
following a misdemeanor conviction or five years of
probation following a felony conviction.
(ii) Any of the following:
(A) If the sentence imposed arises out of
convictions for multiple offenses but does not
include a conviction of a felony offense, after the
defendant has completed three years of probation.
(B) If the sentence imposed arises out of
convictions for multiple offenses and includes at
least one felony conviction, after the defendant has
completed five years of probation.
(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.
(3) A defendant 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
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 12 months prior to the date that
the defendant would otherwise be eligible under paragraphs
(1) if the defendant satisfies two or more of the conditions
under paragraph (3).
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(5) To qualify a defendant for an accelerated initial
probation review conference under paragraph (3) or (4), any
condition under paragraph (3)(v), (vi) or (vii) must be
approved by the Pennsylvania Commission on Crime and
Delinquency or any advisory committee of that commission
designated to provide approval.
(6) 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.
(7) Notwithstanding paragraphs (1) and (10), no
defendant shall be eligible for a probation review conference
if the defendant:
(i) committed a technical violation within the 18
months immediately preceding the defendant's probation
review conference; or
(ii) was convicted of a misdemeanor or felony
offense committed while either incarcerated or serving
probation.
(8) Following the probation review conference, the court
shall terminate probation unless the court finds any of the
following:
(i) The conduct of the defendant on probation is
such that there exists 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, or the court otherwise finds that
termination would substantially jeopardize the
rehabilitative needs of the defendant.
(iii) The defendant has failed to pay the total
restitution owed by the defendant.
(9) 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 has paid at least 50% of the restitution owed.
An eligible defendant placed on administrative probation
shall do all of the following and not be subject to any other
conditions of probation:
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(i) Make supervision contact at least one time per
year.
(ii) Provide updated contact information upon a
change in residence or employment.
(iii) Pay the remaining restitution owed, as ordered
by the court.
(10) If the court does not terminate probation at a
probation review conference, 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.
(11) This subsection shall not apply 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.
(12) Nothing in this subsection shall prohibit the
court, in its discretion, from eliminating or decreasing the
term of probation under subsection (d).
(g) 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 member." 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. Section 9911 of Title 42 is amended by adding a
definition to read:
§ 9911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given in this section unless the context
clearly indicates otherwise:
* * *
"Drug trafficking offense." A violation of section 13(a)
(14), (30) or (37) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, if the controlled substance or a mixture
containing the controlled substance is:
(1) Marijuana, if the amount of marijuana involved is at
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least 50 pounds or at least 51 live plants.
(2) A narcotic drug classified in Schedule I or Schedule
II under section 3 or 4 of The Controlled Substance, Drug,
Device and Cosmetic Act, if the aggregate weight of the
compound or mixture containing the substance involved is at
least 100 grams.
(3) Any of the following, if the aggregate weight of the
compound or mixture of the substance involved is at least 100
grams:
(i) Coca leaves.
(ii) A salt, compound, derivative or preparation of
coca leaves.
(iii) A salt, compound, derivative or preparation
that is chemically equivalent or identical with any of
the substances under subparagraph (i) or (ii).
(iv) A mixture containing any of the substances
under subparagraph (i) or (ii), except decocainized coca
leaves or extracts of coca leaves which do not contain
cocaine or ecgonine.
(4) Any of the following, if the aggregate weight of the
compound or mixture of the substance involved is at least 100
grams:
(i) Methamphetamine.
(ii) Phencyclidine.
(iii) A salt, isomer or salt of an isomer of
methamphetamine or phencyclidine.
(iv) A mixture containing:
(A) Methamphetamine or phencyclidine.
(B) A salt of methamphetamine or phencyclidine.
(C) An isomer of methamphetamine or
phencyclidine.
(D) A salt of an isomer of methamphetamine or
phencyclidine.
(5) Heroin or a mixture containing heroin, if the
aggregate weight of the compound or mixture containing the
heroin is 50 grams or greater.
(6) A mixture containing 3,4-methylenedioxyamphetamine
(MDA); 3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-
3,4methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3; or 4-methylenedioxyamphetamine
if the aggregate weight of the compound or mixture containing
the substance involved is at least 1,000 tablets, capsules,
caplets or other dosage units, or 300 grams.
(7) Fentanyl or a mixture containing fentanyl, if the
aggregate weight of the compound or mixture containing the
fentanyl is 10 grams or more.
(8) Carfentanil or a mixture containing carfentanil, if
the aggregate weight of the compound or mixture containing
the carfentanil is one gram or more.
* * *
Section 4. Section 9912(d) of Title 42 is amended by adding
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a paragraph to read:
§ 9912. Supervisory relationship to offenders.
* * *
(d) Grounds for personal search.--
* * *
(2.1) Notwithstanding paragraphs (1) and (2), the court
may order that, as a condition of the offender's probation,
an officer employed by the county in which the offender is
supervised may conduct a search of the offender or the
offender's property without a warrant or reasonable suspicion
pursuant to such authorization, if the offender is serving
probation as a result of a conviction for one of the
following offenses:
(i) An offense if the offender possessed a firearm
or an offensive weapon, as those terms are defined in 18
Pa.C.S. § 908(c) (relating to prohibited offensive
weapons), during the commission of the offense.
(ii) A drug trafficking offense.
(iii) An offense listed under Subchapter H (relating
to registration of sexual offenders) or I (relating to
continued registration of sexual offenders) of Chapter
97.
* * *
Section 5. Section 6153(d) of Title 61 is amended by adding
a paragraph to read:
§ 6153. Supervisory relationship to offenders.
* * *
(d) Grounds for personal search of offender.--
* * *
(2.1) Notwithstanding paragraphs (1) and (2), the court
may order that, as a condition of the offender's probation,
an agent may conduct a search of the offender or the
offender's property without a warrant or reasonable suspicion
pursuant to such authorization, if the offender is serving
probation as a result of a conviction for one of the
following offenses:
(i) An offense if the offender possessed a firearm
or an offensive weapon, as those terms are defined in 18
Pa.C.S. § 908(c) (relating to prohibited offensive
weapons), during the commission of the offense.
(ii) A drug trafficking offense, as that term is
defined in 42 Pa.C.S. § 9911 (relating to definitions).
(iii) An offense listed under 42 Pa.C.S. Subch. H
(relating to registration of sexual offenders) or I
(relating to continued registration of sexual offenders).
* * *
Section 6. This act shall apply only to individuals
sentenced or resentenced on or after the effective date of this
section.
Section 7. This act shall take effect January 1, 2020.
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