PRINTER'S NO. 564
No. 521 Session of 2001
INTRODUCED BY O'BRIEN, BARRAR, BELARDI, BELFANTI, CALTAGIRONE, CASORIO, L. I. COHEN, COY, HORSEY, LAUGHLIN, MICOZZIE, ORIE, READSHAW, SOLOBAY, THOMAS, TRELLO AND WILT, FEBRUARY 7, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2001
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for driving under the influence. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section 3731(e) of Title 75 of the Pennsylvania 6 Consolidated Statutes is amended by adding paragraphs to read: 7 § 3731. Driving under influence of alcohol or controlled 8 substance. 9 * * * 10 (e) Penalty.-- 11 * * * 12 (1.1) The court, as part of its sentence of any person 13 convicted of a misdemeanor of the first degree under this 14 section, shall impose a mandatory maximum term of 15 imprisonment of not less than four years. Nothing in this 16 subsection shall be construed to authorize a sentence which 17 exceeds the maximum term prescribed by law for misdemeanors
1 of the first degree. 2 (1.2) Notwithstanding the length of any maximum term of 3 imprisonment, the sentencing judge may in the judge's 4 discretion subject any person convicted of a violation of 5 this section to the supervision of the county parole system. 6 * * * 7 Section 2. Title 75 is amended by adding a section to read: 8 § 3731.2. Parole conditions for certain offenses. 9 (a) General rule.--A person convicted of a third or 10 subsequent offense for a violation of section 3731 (relating to 11 driving under influence of alcohol or controlled substance) 12 shall be eligible for parole in accordance with the terms and 13 conditions prescribed in this section following the expiration 14 of that person's mandatory minimum term of imprisonment. 15 (b) Refrain from alcohol, etc.--The offender shall refrain 16 from the use of alcohol or illegal controlled substances and 17 shall refrain from the abuse of prescription drugs, over-the- 18 counter drugs or any other substances as a condition of parole. 19 (c) Assessment.--The offender shall be assessed for alcohol 20 and drug abuse and addiction prior to being released on parole. 21 The assessment shall be conducted by one of the following: the 22 Department of Health or its designee; the county agency with 23 responsibility for county drug and alcohol treatment programs or 24 its designee; or the clinical personnel of a facility licensed 25 by the Department of Health for the conduct of drug and alcohol 26 treatment programs. This assessment shall consider issues of 27 public safety and shall include recommendations for length of 28 stay, levels of care and follow-up care and monitoring. All 29 persons assessed to be in need of alcohol and/or drug treatment 30 must participate in and cooperate with a licensed drug and 20010H0521B0564 - 2 -
1 alcohol treatment program in accordance with the assessment as a 2 condition of parole. 3 (d) Treatment programs.--Nothing in this section shall 4 prevent a treatment program from refusing to accept a criminal 5 justice referral if the program administrator deems the offender 6 to be inappropriate for admission to the program. Additionally, 7 a treatment program shall retain the right to immediately 8 discharge into the custody of the assigned parole officer any 9 offender who fails to comply with program rules and treatment 10 expectations or who refuses to constructively engage in the 11 treatment process. 12 (e) Progress reports.--If a parolee has been ordered to 13 participate in a treatment program under this section, the 14 designated treatment program shall report periodically to the 15 assigned parole officer on the parolee's progress in the 16 treatment program. The designated treatment program shall 17 promptly notify the parole officer if the parolee: 18 (1) fails to comply with program rules and treatment 19 expectations; 20 (2) refuses to constructively engage in the treatment 21 process; or 22 (3) without authorization terminates participation in 23 the treatment program. 24 Upon notification, the parole officer shall promptly report the 25 parolee's actions to the appropriate parole authority, which 26 shall immediately schedule a revocation hearing at which the 27 appropriate parole authority shall give due consideration to the 28 recommendation of the parole officer and the treatment program. 29 (f) Enforcement.--Notwithstanding any other provision of 30 law, any offender ordered to participate in a treatment program 20010H0521B0564 - 3 -
1 under this section who fails to comply with program rules and 2 treatment expectations, who refuses to constructively engage in 3 the treatment process or who without authorization terminates 4 participation in the treatment program shall have the offender's 5 parole, prerelease, work release or any other release status 6 revoked and shall be ineligible for parole, prerelease, work 7 release or any other release from the correctional facility 8 prior to the expiration of the offender's maximum term unless or 9 until the offender is permitted to be readmitted to a treatment 10 program under subsection (c). Nothing in this section shall be 11 construed to grant a legal right to parole to a person 12 previously ineligible for parole under this subsection, on the 13 grounds that the person is currently prepared to participate in, 14 comply with and constructively engage in the treatment process. 15 Under such circumstances, parole or reparole of the person shall 16 be at the appropriate parole authority's discretion. 17 (g) Follow-up.--After an offender has completed the 18 treatment program, the parole officer shall take reasonable 19 steps to ensure that the offender does not use alcohol or 20 illegal controlled substances or abuse prescription drugs, over- 21 the-counter drugs or any other substances. These reasonable 22 steps may include, but are not limited to, requiring 23 verification of regular participation in 12-step meetings, 24 chemical testing and periodic reassessment of the person by the 25 treatment program. 26 (h) Fees.--The appropriate parole authority shall impose 27 upon a person subject to this section reasonable fees to cover 28 the cost of any of the following: 29 (1) Any chemical testing of the person required or 30 ordered under this section. 20010H0521B0564 - 4 -
1 (2) Any assessment of the person required or ordered 2 under this section. 3 (3) Any drug or alcohol treatment provided in accordance 4 with such an assessment. 5 If the appropriate parole authority finds the offender to be 6 indigent, it shall require the offender to pay as much of the 7 fee as is consistent with the offender's ability to pay. 8 (i) Additional funding.--In order to support and augment the 9 diagnostic assessment and treatment services provided under this 10 section, the Department of Health, the Department of 11 Transportation and the Pennsylvania Commission on Crime and 12 Delinquency shall seek all available Federal funding, including, 13 but not limited to, funds available through the United States 14 Department of Justice, the National Institute of Justice, the 15 National Highway Traffic Safety Administration and the 16 Department of Health and Human Services. 17 Section 3. This act shall take effect in 60 days. A11L75JS/20010H0521B0564 - 5 -