PRIOR PRINTER'S NOS. 2395, 2931 PRINTER'S NO. 3538
No. 6 Session of 2007
INTRODUCED BY MANDERINO, BAKER, BASTIAN, BENNINGHOFF, CAPPELLI, CLYMER, DALLY, DENLINGER, EVERETT, FABRIZIO, FAIRCHILD, GIBBONS, HALUSKA, HARHAI, HARPER, HERSHEY, HICKERNELL, KENNEY, KIRKLAND, KOTIK, KULA, MAHONEY, MANN, MARSICO, McGEEHAN, O'NEILL, RAPP, ROHRER, SABATINA, SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, SONNEY, STAIRS, THOMAS, TRUE, WANSACZ, WATSON, YUDICHAK, J. WHITE, WALKO, JAMES, CALTAGIRONE AND D. O'BRIEN, AUGUST 21, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 2, 2008
AN ACT
1 Amending the act of August 6, 1941 (P.L.861, No.323), entitled,
2 as amended, "An act to create a uniform and exclusive system
3 for the administration of parole in this Commonwealth;
4 providing state probation services; establishing the
5 'Pennsylvania Board of Probation and Parole'; conferring and
6 defining its jurisdiction, duties, powers and functions;
7 including the supervision of persons placed upon probation
8 and parole in certain designated cases; providing for the
9 method of appointment of its members; regulating the
10 appointment, removal and discharge of its officers, clerks
11 and employes; dividing the Commonwealth into administrative
12 districts for purposes of probation and parole; fixing the
13 salaries of members of the board and of certain other
14 officers and employes thereof; making violations of certain
15 provisions of this act misdemeanors; providing penalties
16 therefor; and for other cognate purposes, and making an
17 appropriation," further providing for intent, for business of
18 the Pennsylvania Board of Probation and Parole, for powers
19 and duties of the board, for duties of the chairman of the
20 board, for supervision of parole and probation, for power to
21 parole and, for commission of crime during parole AND FOR <--
22 VICTIM OF THE OFFENSE.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. Section 1 of the act of August 6, 1941 (P.L.861, 2 No.323), referred to as the Pennsylvania Board of Probation and 3 Parole Law, amended December 18, 1996 (P.L.1098, No.164), is 4 amended to read: 5 Section 1. The parole system provides several benefits to 6 the criminal justice system, including the provision of adequate 7 supervision of the offender while protecting the public, the 8 opportunity for the offender to become a useful member of 9 society and the diversion of appropriate offenders from prison. 10 In providing these benefits to the criminal justice system, 11 the board shall first and foremost seek to protect the safety of 12 the public. In addition to this goal, the board shall address 13 input by crime victims [and], assist in the fair administration 14 of justice by ensuring the custody, control and treatment of 15 paroled offenders[.], shall consider any applicable guidelines 16 established by the Pennsylvania Commission on Sentencing and 17 shall ensure that parole proceedings, release and recommitment 18 are administered in an efficient and timely manner. 19 Section 2. Sections 3 and 4 of the act, amended October 9, 20 1986 (P.L.1424, No.134), are amended to read: 21 Section 3. The Governor shall from time to time, as the 22 occasion may arise, designate one of the members of the board to 23 be its chairman who shall direct the operations, management and 24 administration of the board and fulfill the functions 25 established by this act, secure the effective application of the 26 probation system in all of the courts of the State and the 27 enforcement of the probation laws. [He] The chairman shall 28 preside at all meetings of the board and perform all the duties 29 and functions of chairman thereof, including organizing, 30 staffing, controlling, directing and administering the work of 20070H0006B3538 - 2 -
1 the staff. The chairman shall administer the proceedings of the 2 board to ensure efficient and timely procedures for parole board 3 decisions, parole releases, discharges and recommitments. The 4 board may designate one of its members to act as chairman during 5 the absence or incapacity of the chairman and, when so acting, 6 the member so designated shall have and perform all the powers 7 and duties of chairman of the board, but shall not receive any 8 additional compensation for so acting. [The chairman, in 9 performing his duties as they relate to parole, reparole and 10 violation and revocation proceedings, shall act in accordance 11 with the policies and procedures established by the board.] 12 Section 4. (a) A majority of the board shall constitute a 13 quorum for transacting business and, except as hereinafter 14 otherwise provided, a majority vote of those present at any 15 meeting shall be sufficient for any official action taken by the 16 board. Except as provided in subsections (b), (c) [and (d)], (d) 17 and (e) AND 44 PA.C.S. CH. 53 (RELATING TO RECIDIVISM RISK <-- 18 REDUCTION INCENTIVE), no person shall be paroled, discharged 19 from parole, or the parole of any person revoked, except by a 20 majority of the entire membership of the board. 21 (b) The board may make decisions on parole, reparole, return 22 or revocation in panels of two persons. A panel shall consist of 23 one board member and one hearing examiner or of two board 24 members. Panels shall be appointed by the chairman or the 25 chairman's designee. 26 (c) If there is disagreement on a decision to parole between 27 the members of a panel, the matter shall be decided by a board 28 member appointed by the chairman or the chairman's designee, who 29 shall concur with one of the original panel members. If there is 30 disagreement on a revocation decision between the members of the 20070H0006B3538 - 3 -
1 panel, the matter shall be decided by three board members 2 appointed by the chairman or the chairman's designee; at least 3 two of these members must not have been on the disagreeing 4 panel, if practicable. 5 (d) An interested party may appeal a revocation decision 6 within thirty days of the board's order. The decision shall be 7 reviewed by three board members appointed by the chairman or the 8 chairman's designee. If practicable, at least two of the board 9 members reviewing the decision must not have been on the panel 10 whose decision is being appealed. The three board members 11 deciding the appeal may affirm, reverse or remand the decision 12 of the panel or may order the matter be heard de novo. 13 (e) Subject to the provisions of section 21(b.2), the board 14 or its designee may issue a decision to parole an eligible 15 offender as defined under 44 Pa.C.S. § 5303 (relating to 16 definitions) without further review by the board. 17 Section 3. Section 16.2(a) of the act is amended by adding a 18 paragraph to read: 19 Section 16.2. (a) The board shall have the power and its 20 duty shall be: 21 * * * 22 (12) To provide information as required under 42 Pa.C.S. § 23 2153(a)(14) (relating to powers and duties) as requested by the 24 Pennsylvania Commission on Sentencing. 25 Section 4. Section 17 of the act, amended December 27, 1965 26 (P.L.1230, No.501), is amended to read: 27 Section 17. (a) The board shall have exclusive power to 28 parole and reparole, commit and recommit for violations of 29 parole, and to discharge from parole all persons heretofore or 30 hereafter sentenced by any court in this Commonwealth to 20070H0006B3538 - 4 -
1 imprisonment in any prison or penal institution thereof, whether 2 the same be a state or county penitentiary, prison or penal 3 institution, as hereinafter provided. It is further provided 4 that the board shall have exclusive power to supervise any 5 person hereafter placed on parole (when sentenced to a maximum 6 period of less than two years) by any judge of a court having 7 criminal jurisdiction, when the court may by special order 8 direct supervision by the board, in which case the parole case 9 shall be known as a special case and the authority of the board 10 with regard thereto shall be the same as herein provided with 11 regard to parole cases within one of the classifications above 12 set forth: Provided, however, That, except for such special 13 cases, the powers and duties herein conferred shall not extend 14 to persons sentenced for a maximum period of less than two 15 years.[, and nothing] 16 (b) Nothing herein contained shall prevent [any] a court of 17 this Commonwealth from paroling any person sentenced by it for a 18 maximum period of less than two [years: And provided further, 19 That the] years. IF A COURT PAROLES OR REPAROLES A PERSON, THE <-- 20 COURT SHALL REPORT THE PAROLE DECISION TO THE PENNSYLVANIA 21 COMMISSION ON SENTENCING PURSUANT TO 42 PA.C.S. § 2153(A)(14) 22 (RELATING TO POWERS AND DUTIES). 23 (c) The period of two years herein referred to shall mean 24 the entire continuous term of sentence to which a person is 25 subject, whether the same be by one or more sentences, either to 26 simple imprisonment or to an indeterminate imprisonment at hard 27 labor, as now or hereafter authorized by law to be imposed for 28 criminal offenses. The power of the board to parole shall extend 29 to prisoners sentenced to definite or flat sentences. 30 Section 5. Section 21 of the act, amended December 21, 1998 20070H0006B3538 - 5 -
1 (P.L.1077, No.143), is amended to read: 2 Section 21. (a) The board is hereby authorized, to parole 3 subject to consideration of guidelines established under 42 4 Pa.C.S. § 2154.4 2154.5 (relating to adoption of guidelines for <-- 5 parole), to release on parole any convict confined in any penal 6 institution of this Commonwealth as to whom power to parole is 7 herein granted to the board, except convicts condemned to death 8 or serving life imprisonment, whenever in its opinion the best 9 interests of the convict justify or require his being paroled 10 and it does not appear that the interests of the Commonwealth 11 will be injured thereby. Parole shall be subject in every 12 instance to the Commonwealth's right to immediately retake and 13 hold in custody without further proceedings any parolee charged 14 after his parole with an additional offense until a 15 determination can be made whether to continue his parole status. 16 The power to parole herein granted to the Board of Parole may 17 not be exercised in the board's discretion at any time before, 18 but only after, the expiration of the minimum term of 19 imprisonment fixed by the court in its sentence or by the Pardon 20 Board in a sentence which has been reduced by commutation. 21 (a.1) In each case in which the board deviates from the 22 guidelines established under 42 Pa.C.S. § 2154.4 2154.5, the <-- 23 board shall provide a contemporaneous written statement of the 24 reason for the deviation from the guidelines TO THE PENNSYLVANIA <-- 25 COMMISSION ON SENTENCING, AS ESTABLISHED UNDER 42 PA.C.S. § 26 2153(A)(14) (RELATING TO POWERS AND DUTIES). The board may 27 develop and use appropriate forms and documentation methods for <-- 28 compliance with this subsection, including USE internal <-- 29 decisional instruments. This subsection shall not be construed 30 to prevent the board from ALSO developing detailed guideline <-- 20070H0006B3538 - 6 -
1 forms or other documents, policies and procedures consistent 2 with this act INCLUDING INTERNAL DECISIONAL INSTRUMENTS. <-- 3 (a.2) (1) An eligible offender shall be placed on 4 administrative parole one year after release on parole and until 5 the maximum sentence date if the board's supervision staff 6 determines that: 7 (i) the eligible offender has not violated the terms and 8 conditions of the eligible offender's parole; or 9 (ii) (A) the eligible offender has not been subject to the 10 extensive use of sanctions prior to the completion of one year 11 from the date of release on parole; and 12 (B) there is no substantial information indicating 13 dangerousness or that placement on administrative parole would 14 compromise public safety. 15 (2) An eligible offender placed on administrative parole 16 shall continue to be subject to recommitment at the board's 17 discretion and shall be subject to the board's power to recommit 18 and reparole, recommit and review or otherwise impose sanctions 19 at its discretion until the eligible offender's maximum sentence 20 date. 21 (3) An eligible offender placed on administrative parole 22 shall do all of the following: 23 (i) Have supervision contact at least one time a year. 24 (ii) Provide updated contact information upon a change in 25 residence or employment. 26 (iii) Continue to pay any restitution owed. 27 (iv) Comply with other requirements imposed by the board. 28 (a.3) The board shall have the power and its duty shall be 29 to comply with the requirements of 44 Pa.C.S. § 5306 (relating 30 to recidivism risk reduction incentive minimum). 20070H0006B3538 - 7 -
1 (b) The board may not release a person on parole unless the 2 person achieves a negative result within forty-five days prior 3 to the date of release in a screening test approved by the 4 Department of Health for the detection of the presence of 5 controlled substances or designer drugs under the act of April 6 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, 7 Drug, Device and Cosmetic Act." The cost of these pre-parole 8 drug screening tests for inmates subject to the parole release 9 jurisdiction of the board, whether confined in a State or local 10 correctional facility, shall be paid by the board. The board 11 shall establish rules and regulations for the payment of these 12 costs and may limit the types and cost of these screening tests 13 that would be subject to payment by the board. The board shall 14 establish, as a condition of continued parole for a parolee who, 15 as an inmate, tested positive for the presence of a controlled 16 substance or a designer drug or who was paroled from a sentence 17 arising from a conviction under "The Controlled Substance, Drug, 18 Device and Cosmetic Act," or from a drug-related crime, the 19 parolee's achievement of negative results in such screening 20 tests randomly applied. The random screening tests shall be 21 performed at the discretion of the board, and the parolee 22 undergoing the tests shall be responsible for the costs of the 23 tests. The funds collected for the tests shall be applied 24 against the contract for such testing between the board and a 25 testing laboratory approved by the Department of Health. 26 (b.1) The board may not release a person who is serving a 27 sentence for a crime of violence as defined in 42 Pa.C.S. § 28 9714(g) (relating to sentences for second and subsequent 29 offenses) on parole unless the person has received instruction 30 from the Department of Corrections on the impact of crime on 20070H0006B3538 - 8 -
1 victims and the community. 2 (b.2) (1) The department shall identify all prisoners 3 committed to the custody of the department that meet the 4 definition of an eligible offender. 5 (2) Upon identification of a prisoner as an eligible 6 offender, the department shall send notice to the board. The 7 board shall send notice to the prosecuting attorney and the 8 court no less than six months before the expiration of the 9 prisoner's minimum sentence indicating that the department has 10 preliminarily identified the prisoner as an eligible offender. 11 The notice shall be sent by United States mail unless the board, 12 the court and the prosecutor have consented to receipt of notice 13 via electronic means. For prisoners committed to the department 14 whose expiration of the minimum sentence is six months or less 15 from the date of admission, the department shall give prompt 16 notice. 17 (3) Within 60 days of receipt of notice under paragraph (2), 18 the court or prosecuting attorney may file a written objection 19 to the department's preliminary identification of the prisoner 20 as an eligible offender. Notice of the objection shall be 21 provided to the department and the board. 22 (4) If no notice of objection has been filed under paragraph 23 (3), the board or its designee shall approve for parole at the 24 expiration of the eligible offender's minimum date upon a 25 determination that all of the following apply: 26 (i) The department certified that the prisoner has 27 maintained a good conduct record and continues to remain an 28 eligible offender. 29 (ii) The reentry plan for the prisoner is adequate. 30 (iii) Individual conditions and requirements for parole have 20070H0006B3538 - 9 -
1 been established. 2 (iv) There is no reasonable indication that the prisoner 3 poses a risk to public safety. 4 (5) If the court or prosecuting attorney files a timely 5 objection under paragraph (3), the board shall make a 6 determination as to whether the prisoner is an eligible 7 offender. The board shall notify the department, prosecuting 8 attorney and court of its determination no later than 60 days 9 prior to the minimum parole date. If the board determines that 10 the prisoner is an eligible offender under this act, the board 11 shall follow the provisions of paragraph (4). If the board 12 determines that the prisoner is not an eligible offender under 13 44 Pa.C.S. § 5303, the board shall retain exclusive jurisdiction 14 to grant parole and shall determine whether the offender should 15 be paroled at the minimum date, paroled at a later date or 16 denied parole. 17 (6) Nothing in this subsection shall be interpreted as 18 granting a right to be paroled to any person, and any decision 19 by the board and its designees or the department, under this 20 section, shall not be considered an adjudication under 2 Pa.C.S. 21 Ch. 5 Subch. A (relating to practice and procedure of 22 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial 23 review of Commonwealth agency action). 24 (7) Except as provided under this subsection, nothing in 25 this act shall otherwise affect the powers and duties of the 26 board or the department. 27 (c) The board shall have the power during the period for 28 which a person shall have been sentenced to recommit one paroled 29 for violation of the terms and conditions of his parole and from 30 time to time to reparole and recommit in the same manner and 20070H0006B3538 - 10 -
1 with the same procedure as in the case of an original parole or 2 recommitment, if, in the judgment of the board, there is a 3 reasonable probability that the convict will be benefited by 4 again according him liberty and it does not appear that the 5 interests of the Commonwealth will be injured thereby. In 6 exercising these powers, the board shall consider any applicable 7 recommitment ranges established by the Pennsylvania Commission 8 on Sentencing under 42 Pa.C.S. § 2154.5 2154.6 (relating to <-- 9 adoption of recommitment ranges following revocation of parole 10 by board). 11 (C.1) IN EACH CASE IN WHICH THE BOARD DEVIATES FROM THE <-- 12 RECOMMITMENT RANGES ESTABLISHED UNDER 42 PA.C.S. § 2154.6, THE 13 BOARD SHALL PROVIDE A CONTEMPORANEOUS WRITTEN STATEMENT OF THE 14 REASON FOR THE DEVIATION FROM THE RECOMMITMENT RANGES TO THE 15 PENNSYLVANIA COMMISSION ON SENTENCING, AS ESTABLISHED UNDER 42 16 PA.C.S. § 2153(A)(14). 17 (d) When the board releases a parolee from a State or local 18 correctional facility, the board shall provide written notice to 19 the probation department located in the county where the 20 sentencing order was imposed of the release and new address of 21 the parolee. 22 (e) For the purposes of this section, the term "eligible 23 offender" shall have the same meaning as the term is given under 24 44 Pa.C.S § 5303 (relating to definitions). 25 Section 6. Section 21.1(c) of the act, amended June 28, 1957 26 (P.L.429, No.235), is amended to read: 27 Section 21.1. * * * 28 (c) Recommitment. Technical violators shall be recommitted 29 for service of the balance of said term originally imposed to 30 penal or correctional institutions as follows: 20070H0006B3538 - 11 -
1 (1) If paroled from a county penal or correctional 2 institution, to the same institution or to any other institution 3 to which legally transferred. 4 [(2) If paroled from the Pennsylvania Industrial School at 5 Camp Hill and upon recommitment such person has not attained the 6 age of twenty-one years, to the same institution. 7 (3) If paroled from the State Industrial Home for Women at 8 Muncy, to the same institution. 9 (4) If paroled from any other State penal or correctional 10 institution under the control and supervision of the Department 11 of Justice, to the nearest Correctional Diagnostic and 12 Classification Center wherein the person shall be classified for 13 service of the balance of the term in such institution as shall 14 be designated by the Deputy Commissioner for Treatment in the 15 Bureau of Correction.] 16 (5) If paroled from a penal or correctional institution 17 under the control and supervision of the Department of 18 Corrections, any male person upon recommitment shall be sent to 19 the nearest State correctional institution for service of the 20 remainder of the original term at the institution as shall be 21 designated by the Department of Corrections. Any female person 22 shall be recommitted to the State Correctional Institution at 23 Muncy or other State correctional institution as designated by 24 the Department of Corrections. 25 SECTION 7. SECTION 22.1 OF THE ACT, AMENDED JULY 11, 1990 <-- 26 (P.L.476, NO.114), IS AMENDED TO READ: 27 SECTION 22.1. THE VICTIM OF THE OFFENSE FOR WHICH A 28 DEFENDANT IS SENTENCED, OR A MEMBER OF THE IMMEDIATE FAMILY OF 29 THE VICTIM IF THE VICTIM IS A JUVENILE, IS INCAPABLE OF 30 TESTIFYING OR DIED AS A RESULT OF THE DEFENDANT'S CONDUCT, SHALL 20070H0006B3538 - 12 -
1 BE NOTIFIED BY THE DISTRICT ATTORNEY IMMEDIATELY FOLLOWING 2 SENTENCING, IN CASES WHERE THE DEFENDANT HAS BEEN SENTENCED TO A 3 TERM OF IMPRISONMENT, THAT HE SHALL HAVE THE OPPORTUNITY TO 4 PRESENT A STATEMENT FOR THE PAROLE REPORT TO BE CONSIDERED AT 5 THE PAROLE HEARING OR TO TESTIFY TO THE PAROLE BOARD EXPRESSING 6 HIS OPINION CONCERNING THE RELEASE OF THE DEFENDANT. EACH VICTIM 7 OR RELATIVE SHALL BE RESPONSIBLE FOR NOTIFYING THE BOARD OF HIS 8 INTENTION TO SUBMIT SUCH A STATEMENT AND TO PROVIDE AND KEEP 9 CURRENT AN APPROPRIATE MAILING ADDRESS. 10 THE REPORT MAY INCLUDE A STATEMENT CONCERNING THE CONTINUING 11 NATURE AND EXTENT OF ANY PHYSICAL HARM OR PSYCHOLOGICAL OR 12 EMOTIONAL HARM OR TRAUMA SUFFERED BY THE VICTIM, THE EXTENT OF 13 ANY LOSS OF EARNINGS OR ABILITY TO WORK SUFFERED BY THE VICTIM 14 AND THE CONTINUING EFFECT OF THE CRIME UPON THE VICTIM'S FAMILY. 15 AT THE TIME PUBLIC NOTICE IS GIVEN THAT AN INMATE IS BEING 16 CONSIDERED FOR PAROLE PURSUANT TO THIS SECTION, THE BOARD SHALL 17 ALSO NOTIFY ANY VICTIM OR NEAREST RELATIVE WHO HAS PREVIOUSLY 18 CONTACTED THE BOARD OF THE AVAILABILITY TO PROVIDE A STATEMENT 19 FOR INCLUSION IN THE PAROLE REPORT OR TO PRESENT TESTIMONY FOR 20 INCLUSION AT THE PAROLE HEARING. 21 THE BOARD SHALL NOTIFY SUCH PERSON AT HIS LAST KNOWN MAILING 22 ADDRESS. THE NOTIFICATION REQUIRED BY THIS SECTION SHALL BE 23 GIVEN BY THE BOARD, IN THE CASE OF A PAROLE TO BE GRANTED 24 PURSUANT TO SECTION 22 OF THIS ACT, OR BY THE COURT, IN THE CASE 25 OF A PAROLE TO BE GRANTED PURSUANT TO SECTION 17 OF THIS ACT. 26 THE VICTIM OR FAMILY MEMBER SHALL NOTIFY THE BOARD WITHIN 27 THIRTY DAYS FROM THE DATE OF THE NOTICE OF HIS INTENT TO PRESENT 28 TESTIMONY FOR A PAROLE HEARING. THIS TIME PERIOD MAY BE WAIVED 29 BY THE BOARD FOR GOOD CAUSE. 30 UPON THE VICTIM OR FAMILY MEMBER SUBMITTING A WRITTEN 20070H0006B3538 - 13 -
1 STATEMENT TO THE BOARD SUBSEQUENT TO NOTICE, THE STATEMENT SHALL 2 BE MADE A PART OF THE BOARD'S FILE ON THE INMATE, AND THE 3 INMATE'S CASE SHALL BE REFERRED TO A HEARING OFFICER DESIGNATED 4 TO CONDUCT PAROLE RELEASE HEARINGS. 5 UPON THE VICTIM OR FAMILY MEMBER INFORMING THE BOARD 6 SUBSEQUENT TO NOTICE BEING PROVIDED THAT SUCH PERSON INTENDS TO 7 TESTIFY, THE CHAIRPERSON SHALL ASSIGN THE INMATE'S CASE TO A 8 HEARING EXAMINER FOR THE PURPOSE OF RECEIVING SUCH PERSON'S 9 TESTIMONY. 10 THE ASSIGNED HEARING EXAMINER SHALL CONDUCT A HEARING WITHIN 11 THIRTY DAYS FROM THE DATE THE BOARD RECEIVED NOTIFICATION OF THE 12 INTENT TO OFFER TESTIMONY. 13 THE HEARING SHALL BE CONDUCTED AT A TIME AND PLACE AND ON A 14 DATE DETERMINED BY THE CHAIRPERSON OR DESIGNEE. NOTICE OF THE 15 TIME, PLACE AND DATE OF THE HEARING SHALL BE PROVIDED TO THE 16 VICTIM OR FAMILY MEMBER, IN WRITING, AND SHALL BE MAILED AT 17 LEAST TEN DAYS PRIOR TO THE HEARING DATE. 18 THE HEARING SHALL BE RECORDED BY AN ELECTRONIC RECORDING 19 DEVICE. 20 THE HEARING EXAMINER SHALL PREPARE A WRITTEN REPORT WITHIN A 21 REASONABLE AMOUNT OF TIME PRIOR TO THE HEARING DATE. A COPY OF 22 THE REPORT SHALL BE FORWARDED TO THE PERSON OFFERING TESTIMONY. 23 A COPY OF THE REPORT SHALL BE MADE A PART OF THE BOARD'S FILE ON 24 THE PRISONER. 25 UPON COMPLETION OF THE WRITTEN REPORT, THE PRISONER'S CASE 26 SHALL BE REFERRED TO A HEARING EXAMINER DESIGNATED TO CONDUCT 27 PAROLE RELEASE HEARINGS. 28 THE HEARING SCHEDULED PURSUANT TO THIS SECTION SHALL BE 29 CONDUCTED, WHEN POSSIBLE, PRIOR TO A PAROLE RELEASE HEARING AND 30 PRIOR TO THE BOARD RENDERING A DECISION. HOWEVER, NOTHING HEREIN 20070H0006B3538 - 14 -
1 SHALL BE CONSTRUED TO PRECLUDE THE BOARD FROM CONDUCTING A 2 TIMELY PAROLE RELEASE HEARING. 3 AFTER SUBMISSION OF THE REPORT, THE BOARD SHALL WITHIN A 4 REASONABLE AMOUNT OF TIME: 5 (1) EVALUATE THE INFORMATION PROVIDED; 6 (2) DETERMINE WHETHER THE DECISION SHALL BE AFFIRMED OR 7 MODIFIED; 8 (3) DETERMINE WHETHER A RESCISSION HEARING SHALL BE 9 CONDUCTED; AND 10 (4) NOTIFY THE PRISONER IN WRITING OF ITS DECISION. 11 [ANY] EXCEPT AS OTHERWISE PROVIDED BY LAW OR THIS SECTION, 12 ANY AND ALL STATEMENTS OR TESTIMONY OF THE VICTIM OR FAMILY 13 MEMBER SUBMITTED TO THE BOARD PERTAINING TO THE CONTINUING 14 NATURE AND EXTENT OF ANY PHYSICAL HARM OR PSYCHOLOGICAL OR 15 EMOTIONAL HARM OR TRAUMA SUFFERED BY THE VICTIM, THE EXTENT OF 16 ANY LOSS OF EARNINGS OR ABILITY TO WORK SUFFERED BY THE VICTIM 17 AND THE CONTINUING EFFECT OF THE CRIME UPON THE VICTIM'S FAMILY 18 SHALL [NOT BE DEEMED CONFIDENTIAL AND SHALL BE RELEASED TO THE 19 PRISONER UNLESS THE WITHHOLDING OF THE STATEMENTS OR TESTIMONY 20 IS REQUESTED BY THE VICTIM AND THE HEARING OFFICER DETERMINES 21 THAT THE RELEASE OF THE STATEMENTS OR TESTIMONY WOULD ENDANGER 22 THE SAFETY OF THE PERSON PROVIDING THE STATEMENTS OR TESTIFYING. 23 THE BOARD ON ITS OWN MOTION MAY FOR GOOD CAUSE IDENTIFY ALL OR 24 PART OF THE STATEMENTS OR TESTIMONY AS CONFIDENTIAL.]: 25 (1) BE DEEMED CONFIDENTIAL AND PRIVILEGED. 26 (2) NOT BE SUBJECT TO SUBPOENA OR DISCOVERY. 27 (3) NOT BE INTRODUCED INTO EVIDENCE IN ANY JUDICIAL OR 28 ADMINISTRATIVE PROCEEDING. 29 (4) NOT BE RELEASED TO THE PRISONER. 30 ALL RECORDS MAINTAINED BY THE BOARD PERTAINING TO VICTIMS 20070H0006B3538 - 15 -
1 SHALL BE KEPT SEPARATE[, AND CURRENT ADDRESS INFORMATION OF THE 2 VICTIM OR]. CURRENT ADDRESS, TELEPHONE NUMBERS AND ANY OTHER 3 PERSONAL INFORMATION OF THE VICTIM AND FAMILY MEMBERS SHALL BE 4 DEEMED CONFIDENTIAL. 5 EXCEPT AS OTHERWISE PROVIDED BY LAW, NO PERSON WHO HAS HAD 6 ACCESS TO A REPORT, RECORD OR ANY OTHER INFORMATION UNDER THIS 7 SECTION SHALL DISCLOSE THE CONTENT OF THE REPORT, RECORD OR 8 OTHER INFORMATION OR TESTIFY IN A JUDICIAL OR ADMINISTRATIVE 9 PROCEEDING WITHOUT THE WRITTEN CONSENT OF THE VICTIM. 10 A VICTIM OR THE FAMILY MEMBER WHO HAS SUBMITTED A WRITTEN 11 STATEMENT FOR THE PAROLE REPORT OR TESTIFIED AT A HEARING 12 PURSUANT TO THIS SECTION SHALL BE NOTIFIED BY THE BOARD OF THE 13 FINAL DECISION RENDERED IN THE PRISONER'S CASE. 14 IF THE FINAL DECISION IS TO NOT RELEASE THE PRISONER AND IF, 15 SUBSEQUENT TO THAT DECISION, ADDITIONAL PAROLE RELEASE HEARINGS 16 ARE CONDUCTED FOR THAT SAME PRISONER, THEN THE VICTIM OR FAMILY 17 MEMBER WHO HAS SUBMITTED A WRITTEN STATEMENT FOR THE PAROLE 18 REPORT OR WHO HAS TESTIFIED AT A HEARING PURSUANT TO THIS 19 SECTION SHALL BE NOTIFIED BY THE BOARD AT THE LAST KNOWN ADDRESS 20 IF AND WHEN ADDITIONAL PAROLE HEARINGS ARE SCHEDULED BY THE 21 BOARD. 22 Section 7 8. This act shall take effect in 60 days. <-- H2L44MSP/20070H0006B3538 - 16 -