PRINTER'S NO. 654
No. 597 Session of 2001
INTRODUCED BY CIVERA, BELFANTI, BISHOP, CAWLEY, CORRIGAN, GEIST,
HERMAN, KELLER, KENNEY, KIRKLAND, LAUGHLIN, MELIO, MICHLOVIC,
ORIE, PISTELLA, PRESTON, READSHAW, SAYLOR, SHANER, STABACK,
STEELMAN, STURLA, THOMAS, WILT AND WOJNAROSKI,
FEBRUARY 8, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing procedure.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 9719.1. Sentencing procedure for substance abuse offenses and
9 chemical dependency, chemical testing and treatment.
10 (a) Drug and alcohol assessment.--Upon conviction of a
11 misdemeanor or felony offense, an offender shall be subject to a
12 simple preliminary screening for drug or alcohol abuse.
13 Preliminary screening tools shall be designated by the
14 Department of Health. If warranted by the preliminary screening,
15 the court shall order a drug and alcohol abuse assessment which
16 shall include a recommended treatment program from the
17 Department of Health.
1 (b) Postconviction requirements.--A person assessed for drug
2 and alcohol use and dependence and who is found to be a
3 chemical-dependent person shall, in addition to any other
4 penalty, be required to participate in compulsory programs of
5 drug and alcohol treatment established by the Department of
6 Health in collaboration with the Department of Corrections under
7 the act of April 14, 1972 (P.L.221, No.63), known as the
8 Pennsylvania Drug and Alcohol Abuse Control Act. Persons
9 required to participate in a correctional institution-based
10 program shall not be eligible for parole nor a modification of
11 sentence until successful completion of the program.
12 (c) Postconviction assessments.--A person placed on
13 probation or parole for violation of any criminal law of this
14 Commonwealth shall, as a condition of probation or parole, be
15 required at that person's expense, unless the expense is
16 determined to be a financial hardship, to submit to chemical
17 testing for the detection and determination of drug and alcohol
18 abuse or dependency, not less than twice per month.
19 (d) Treatment.--If it is determined that the person placed
20 on probation or parole for violation of the criminal laws of
21 this Commonwealth is a chemical-dependent person, the court may
22 impose, as a condition of such probation or parole, that the
23 person continue to receive treatment in a treatment facility as
24 an inpatient or outpatient. A person shall be referred to either
25 an inpatient or outpatient facility based on the treatment
26 program considered to be appropriate for the person's recovery
27 from substance abuse or dependency.
28 (e) Duration of treatment.--The person shall receive
29 treatment at the facility for as long as it is determined by the
30 treatment facility that the person will benefit from treatment,
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1 but in no event shall the person receive treatment at the
2 facility for a period longer than the period of probation or
3 parole ordered by the court, unless the person consents to an
4 extended period of treatment. The court shall require a periodic
5 program of chemical testing as a condition of probation or
6 parole to determine the drug and alcohol-free status of the
7 person. A probationer or parolee who successfully completes the
8 treatment program and who complies with its conditions may be
9 eligible for a reduction in the period of probation or parole.
10 (f) Notification of unsuccessful treatment.--If, at any time
11 during treatment ordered as a condition to probation or parole,
12 the person violates the conditions by not complying with
13 facility or treatment rules or if it is determined that the
14 person is not amenable to treatment and that the treatment
15 should not be continued, the facility shall immediately notify
16 the person's probation or parole officer or a designated officer
17 of the court. After notification is received, the court shall
18 issue such process as necessary to order the person to
19 immediately appear before the court.
20 Section 2. This act shall take effect in 60 days.
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