PRIOR PRINTER'S NO. 1780 PRINTER'S NO. 3867
No. 1434 Session of 2003
INTRODUCED BY GANNON, BEBKO-JONES, BELFANTI, BENNINGHOFF,
BISHOP, BROWNE, BUNT, CAWLEY, CRAHALLA, DALEY, DALLY,
DERMODY, DeWEESE, J. EVANS, FRANKEL, FREEMAN, GEORGE, HARHAI,
HARPER, HENNESSEY, HERMAN, JAMES, KOTIK, LAUGHLIN, LEACH,
LEDERER, MANDERINO, MANN, McNAUGHTON, MELIO, S. MILLER,
NAILOR, O'NEILL, PETRARCA, ROSS, SANTONI, STERN,
R. STEVENSON, THOMAS, VANCE, WALKO, WANSACZ, WASHINGTON,
WATSON, WEBER, YOUNGBLOOD AND J. TAYLOR, MAY 12, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 12, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing generally; providing for confinement with drug
4 treatment; and establishing the Drug Treatment for Offenders
5 Program.
6 AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <--
7 PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
8 INTERMEDIATE PUNISHMENT GUIDELINES; PROVIDING FOR STATE
9 INTERMEDIATE PUNISHMENT GUIDELINES; FURTHER PROVIDING FOR
10 SENTENCING GENERALLY, FOR PARTIAL CONFINEMENT, FOR TOTAL
11 CONFINEMENT, FOR INTERMEDIATE PUNISHMENT AND FOR MODIFICATION
12 OF INTERMEDIATE PUNISHMENT; PROVIDING FOR REVOCATION OF STATE
13 INTERMEDIATE PUNISHMENT; FURTHER PROVIDING FOR COUNTY
14 INTERMEDIATE PUNISHMENT; PROVIDING FOR STATE INTERMEDIATE
15 PUNISHMENT; CODIFYING PROVISIONS RELATING TO REPORTING
16 FUNCTIONS OF THE DEPARTMENT OF CORRECTIONS; MAKING A REPEAL
17 RELATED TO THE CODIFICATION; AND MAKING EDITORIAL CHANGES.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 9721(a) and (a.1) of Title 42 of the <--
21 Pennsylvania Consolidated Statutes are amended to read:
22 § 9721. Sentencing generally.
1 (a) General rule.--In determining the sentence to be imposed
2 the court shall, except as provided in subsection (a.1),
3 consider and select one or more of the following alternatives,
4 and may impose them consecutively or concurrently:
5 (1) An order of probation.
6 (2) A determination of guilt without further penalty.
7 (3) Partial confinement.
8 (4) Total confinement.
9 (5) A fine.
10 (6) Intermediate punishment.
11 (7) Probation with commitment to a drug offender
12 treatment program as described in Chapter 99 (relating to
13 drug treatment for offenders).
14 (a.1) Exception.--Unless specifically authorized under
15 section 9763 (relating to sentence of intermediate punishment)
16 or section 9729.1 (relating to confinement with drug treatment),
17 subsection (a) shall not apply where a mandatory minimum
18 sentence is otherwise provided by law.
19 * * *
20 Section 2. Title 42 is amended by adding a section to read:
21 § 9729.1. Confinement with drug treatment.
22 (a) General rule.--Upon motion of the Commonwealth, the
23 court may sentence an eligible offender to probation with
24 commitment to a drug offender treatment program established
25 under Chapter 99 (relating to drug treatment for offenders). The
26 court shall not impose a sentence under this section unless the
27 department determines that the eligible offender would benefit
28 from a drug offender treatment program and provides a proposed
29 drug offender treatment program for the eligible offender to the
30 court and the attorney for the Commonwealth agrees to such a
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1 sentence.
2 (b) Imposition of sentence.--
3 (1) Prior to imposing a sentence, the court may, upon
4 motion of the Commonwealth, commit an eligible offender to
5 the custody of the department for the purpose of evaluating
6 whether the eligible offender would benefit from a drug
7 offender treatment program established under Chapter 99.
8 (2) Upon committing an eligible offender to the
9 department, the court shall forward to the department:
10 (i) A summary of the offense for which the eligible
11 offender has been convicted.
12 (ii) Information relating to the eligible offender's
13 history of delinquency or criminality, when available.
14 (iii) Information relating to the eligible
15 offender's history of drug or alcohol abuse or addiction,
16 when available.
17 (iv) A presentence investigation report, when
18 available.
19 (v) Any other information the court deems relevant
20 to assist the department with its assessment of the
21 eligible offender.
22 (c) Assessment of addiction.--
23 (1) The department shall conduct an assessment of the
24 addiction and other treatment needs of the eligible offender
25 and determine whether the eligible offender would benefit
26 from a drug treatment program. The assessment shall be
27 conducted using a nationally recognized assessment instrument
28 or an instrument that has been normed and validated on the
29 department's inmate population by a recognized expert in such
30 matters. The assessment instrument shall be administered by
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1 persons skilled in the treatment of drug and alcohol
2 addiction and trained to conduct assessments. The assessment
3 shall be reviewed and approved by a supervisor with at least
4 three years of experience providing drug and alcohol
5 counseling services.
6 (2) The department shall conduct risk and other
7 assessments it deems appropriate and shall provide a report
8 of its assessment to the court and the attorney for the
9 Commonwealth within 60 days of the court's remanding the
10 eligible offender to the department.
11 (d) Proposed drug offender treatment program.--
12 (1) If the department, in its discretion, believes the
13 eligible offender would benefit from a drug offender
14 treatment program, the department shall provide the court and
15 the attorney for the Commonwealth with a proposed drug
16 offender treatment program detailing the type of treatment
17 proposed. The drug offender treatment program must provide a
18 continuum of treatment consisting of a minimum of three
19 months of treatment in an institutional therapeutic
20 community, followed by a minimum of two months and a maximum
21 of five months of treatment through a community-based
22 therapeutic community, followed by an additional period of at
23 least four months and a maximum of 12 months of treatment in
24 an outpatient addiction treatment program.
25 (2) During the outpatient addiction treatment portion of
26 the drug offender treatment program, the offender may be
27 housed in a community corrections center, group home or
28 approved transitional residence. In such cases the offender
29 must comply with any conditions established by the
30 department.
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1 (3) The duration of the proposed total drug offender
2 treatment program shall not be less than 15 months nor
3 greater than 24 months. The actual number of months served
4 for the total program and its individual components shall be
5 individually determined and based upon assessed need and
6 offender progress in the drug offender treatment program as
7 determined by the department.
8 (e) Prerequisites for commitment.--Upon receipt of a
9 recommendation for placement in a drug offender treatment
10 program from the department, and agreement of the attorney for
11 the Commonwealth, the court may sentence the eligible offender
12 to a definite period of 24 months probation, a condition of
13 which shall be that the eligible offender be committed for a
14 minimum of 15 months to a drug offender treatment program if the
15 court finds that:
16 (1) the eligible offender is likely to benefit from the
17 proposed drug offender treatment program;
18 (2) public safety would be enhanced by the eligible
19 offender's participation in the drug offender treatment
20 program; and
21 (3) sentencing the eligible offender to probation with
22 commitment to a drug offender treatment program would not
23 depreciate the seriousness of the offense.
24 (f) Applicability and program limitations.--
25 (1) The provisions of section 9756(b) (relating to
26 sentence of total confinement) shall not apply to the total
27 duration of the drug offender treatment program or the
28 specific periods of confinement in a State correctional
29 institution and prerelease components of a drug offender
30 treatment program.
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1 (2) The court may not modify or alter the terms of the
2 department's proposed drug offender treatment program without
3 the agreement of the department and the attorney for the
4 Commonwealth. The total duration of the drug offender
5 treatment program may not exceed the maximum term for which
6 the eligible offender could otherwise be sentenced.
7 (3) The court may impose a consecutive period of
8 postprogram probation following the eligible offender's
9 successful completion of the drug offender treatment program.
10 (4) Notwithstanding section 17 of the act of August 6,
11 1941 (P.L.861, No.323), referred to as the Pennsylvania Board
12 of Probation and Parole Law, any remaining period of
13 probation upon successful completion of the drug offender
14 treatment program and any postprogram probationary period
15 shall be supervised by the sentencing court.
16 (g) Videoconferencing.--The department shall make
17 videoconferencing facilities available to allow the court to
18 conduct proceedings necessary under this section when the
19 eligible offender has been committed to the custody of the
20 department pursuant to subsection (b).
21 (h) Sentence following failure to complete or expulsion from
22 a drug offender treatment program.--
23 (1) Notwithstanding any other provision of law requiring
24 notice prior to sentencing, if an eligible offender fails to
25 complete or is expelled from a drug offender treatment
26 program established pursuant to Chapter 99 or otherwise
27 violates the terms of probation, the attorney for the
28 Commonwealth may file notice at any time prior to
29 resentencing of the Commonwealth's intention to proceed under
30 an applicable provision of law requiring a mandatory minimum
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1 sentence, if the original offense is subject to such a
2 sentence.
3 (2) The court, upon determining that the eligible
4 offender failed to complete or was expelled from the drug
5 offender treatment program established by Chapter 99 or
6 otherwise violated the terms of probation, may not impose a
7 sentence which exceeds the maximum statutory limit allowed by
8 law.
9 (i) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Department." The Department of Corrections of the
13 Commonwealth.
14 "Eligible offender." The term shall have the meaning given
15 to it in Chapter 99 (relating to drug treatment for offenders).
16 Section 3. Title 42 is amended by adding a chapter to read:
17 CHAPTER 99
18 DRUG TREATMENT FOR OFFENDERS
19 Sec.
20 9901. Short title of chapter.
21 9902. Findings and purpose.
22 9903. Definitions.
23 9904. Drug Offender Treatment Program.
24 9905. Reports.
25 9906. Construction.
26 § 9901. Short title of chapter.
27 This chapter shall be known and may be cited as the Drug
28 Treatment for Offenders Act.
29 § 9902. Findings and purpose.
30 The General Assembly finds as follows:
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1 (1) Many crimes are committed by persons who, because of
2 their addiction to drugs or alcohol, are unable to maintain
3 gainful employment.
4 (2) These persons often commit crimes as a means of
5 obtaining the funds necessary to purchase drugs or alcohol.
6 (3) Many persons commit crimes while under the influence
7 of drugs or alcohol even though they are not addicted to such
8 substances in a clinical sense.
9 (4) Punishing persons who commit crimes is an important
10 aspect of recognizing the harm that criminals visit upon
11 their victims.
12 (5) Many people who commit crimes will be able to become
13 law-abiding, contributing members of society if they are able
14 to obtain treatment for their drug or alcohol addiction or
15 abuse.
16 (6) The purpose of this chapter is to create a program
17 that punishes persons who commit crimes, but also provides
18 treatment that offers the opportunity for those persons to
19 address their drug or alcohol abuse and thereby reduce the
20 incidents of recidivism and enhance public safety.
21 § 9903 Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Commission." The Pennsylvania Commission on Sentencing.
26 "Community-based therapeutic community." A long-term
27 residential addiction treatment program licensed by the
28 Department of Health to provide addiction treatment services
29 using a therapeutic community model and determined by the
30 Department of Corrections to be qualified to provide addiction
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1 treatment to eligible offenders.
2 "Community corrections center." A residential program that
3 is supervised and operated by the Department of Corrections for
4 inmates with prerelease status and who are on parole.
5 "Court." The trial judge exercising sentencing jurisdiction
6 over an eligible offender under this chapter.
7 "Department." The Department of Corrections of the
8 Commonwealth.
9 "Drug Offender Treatment Program" or "program." An
10 individualized treatment program established by the Department
11 of Corrections consisting primarily of drug and alcohol
12 addiction treatment that satisfies the terms and conditions
13 listed in section 9904 (relating to Drug Offender Treatment
14 Program).
15 "Drug-related offense." A criminal offense for which an
16 eligible offender is convicted and that the court determines was
17 motivated by the eligible offender's consumption of or addiction
18 to a controlled substance, counterfeit, designer drug, drug,
19 immediate precursor or marihuana, as those terms are defined in
20 the act of April 14, 1972 (P.L.233, No.64), known as The
21 Controlled Substance, Drug, Device and Cosmetic Act, or by the
22 offender's consumption or addiction to alcohol.
23 "Eligible offender." Subject to section 9721(a.1) (relating
24 to sentencing generally), an offender designated by the
25 sentencing court as a person convicted of a drug-related offense
26 who:
27 (1) May be in need of addiction treatment.
28 (2) Would otherwise be sentenced to a State correctional
29 institution.
30 (3) Does not demonstrate a history of present or past
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1 violent behavior.
2 (4) Has undergone an assessment performed by the
3 Department of Corrections which assessment has recommended
4 that the offender would benefit from commitment to a drug
5 offender treatment program.
6 The term shall not include an offender who is subject to a
7 sentence the calculation of which includes an enhancement for
8 the use of a deadly weapon as defined pursuant to law or the
9 sentencing guidelines promulgated by the Pennsylvania Commission
10 on Sentencing, or an offender who was sentenced or is awaiting
11 sentence for any violation, attempted violation or conspiracy to
12 commit a personal injury crime as defined in section 103 of the
13 act of November 24, 1998 (P.L.882, No.111), known as the Crime
14 Victims Act.
15 "Group home." A residential program that is contracted out
16 by the Department of Corrections to a private service provider
17 for inmates with prerelease status and who are on parole.
18 "Institutional therapeutic community." A residential drug
19 treatment program using a therapeutic community model, conducted
20 in a State correctional institution where the treatment modality
21 is a purposive use of the community as the primary method for
22 facilitating social and psychological change.
23 "Outpatient addiction treatment program." An addiction
24 treatment program licensed by the Department of Health and
25 designated by the Department of Corrections as qualified to
26 provide addiction treatment to criminal justice offenders.
27 "Participant." An eligible offender actually sentenced to
28 probation with commitment to a drug offender treatment program
29 pursuant to section 9729.1 (relating to confinement with drug
30 treatment).
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1 "Postprogram probationary period." An optional period of
2 probation following the 24-month definite period of probation
3 provided for in section 9729.1(e) (relating to confinement with
4 drug treatment).
5 "Remaining period of probation." That portion of the 24-
6 month definite probation period remaining after the Department
7 of Corrections determines that the eligible offender has
8 successfully completed the drug offender treatment program and
9 released the eligible offender.
10 § 9904. Drug Offender Treatment Program.
11 (a) Establishment.--The department shall establish the Drug
12 Offender Treatment Program. The program may be administered only
13 at State correctional institutions, community corrections
14 centers or group homes, and community-based therapeutic
15 communities and outpatient addiction treatment programs
16 designated by the department as drug offender treatment centers.
17 (b) Terms and conditions.--The drug offender treatment
18 program shall include the following:
19 (1) The duration of the program shall not be less than
20 15 months nor more than 24 months, with the actual time of
21 any particular eligible offender's program being based upon
22 individually assessed needs and progress in the drug offender
23 treatment program as determined by the department.
24 (2) A period of confinement in a State correctional
25 institution of not less than six months of which not less
26 than three months shall be in an institutional therapeutic
27 community.
28 (3) A period of treatment through a community-based
29 therapeutic community of at least two to five months.
30 (4) An additional period of at least four to 12 months
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1 treatment through an outpatient addiction treatment program.
2 During the outpatient addiction treatment portion of the drug
3 offender treatment program, the offender may be housed in a
4 community corrections center, group home or approved
5 transitional residence.
6 (5) A plan of drug and alcohol addiction treatment
7 designed primarily to address the addiction of the eligible
8 offender, but which also may address other issues essential
9 to the offender's successful reintegration into the community
10 such as educational and employment issues.
11 (c) Participation.--
12 (1) An eligible offender sentenced pursuant to section
13 9729.1 (relating to confinement with drug treatment) may
14 participate in the program.
15 (2) The commission shall employ the term "eligible
16 offender" to further identify inmates who would be
17 appropriate for participation in the program. In developing
18 the guidelines, the commission shall give primary
19 consideration to protection of the public safety.
20 (3) Upon motion of the Commonwealth, the court shall
21 employ the sentencing guidelines to identify those offenders
22 who are eligible to participate in the program.
23 (4) The department shall develop written guidelines for
24 inmate selection criteria and the establishment of drug
25 offender treatment program selection committees within each
26 diagnostic and classification center of the department. The
27 guidelines shall not be subject to the act of June 25, 1982
28 (P.L.633, No.181), known as the Regulatory Review Act, and
29 shall be effective for a period of two years upon publication
30 in the Pennsylvania Bulletin. The guidelines shall be
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1 replaced by regulations promulgated by the department
2 consistent with the Regulatory Review Act within the two-year
3 period during which the guidelines are effective.
4 (5) A participant shall provide a written consent
5 permitting release of information pertaining to the
6 participation in a drug offender treatment program. The
7 consent shall permit information to be released to the
8 courts, other Federal and State criminal justice agencies and
9 to persons or organizations that are or may provide
10 continuing care or treatment to the participant.
11 (d) Completion of program.--
12 (1) (i) On or before the expiration of the minimum
13 period of the drug treatment program requiring
14 confinement in a State correctional institution, the
15 department shall determine whether a participant has
16 successfully completed the treatment recommended to occur
17 in an institutional therapeutic community. The department
18 may place the participant in a community-based
19 therapeutic community when the department determines that
20 the participant has satisfactorily completed the
21 treatment recommended to occur in the institutional
22 therapeutic community.
23 (ii) If the department determines that the
24 participant has not satisfactorily completed the
25 treatment recommended to occur in the institutional
26 therapeutic community, the department may continue to
27 confine the participant in a State correctional
28 institution until the participant has successfully
29 completed such treatment. If the department determines
30 that, after a period of continued confinement, the
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1 offender is eligible for treatment in a community-based
2 therapeutic community, such treatment may commence in
3 accordance with the provisions of this chapter.
4 (2) (i) On or before the expiration of the minimum
5 period of treatment in a community-based therapeutic
6 community, the department shall determine whether a
7 participant has successfully completed the treatment
8 recommended to occur in the community-based therapeutic
9 community. The department may place the participant in an
10 outpatient addiction treatment program when the
11 department determines that the participant has
12 satisfactorily completed the treatment recommended to
13 occur in a community-based therapeutic community.
14 (ii) If the department determines that the
15 participant has not satisfactorily completed the
16 treatment recommended to occur in a community-based
17 therapeutic community, the department may continue to
18 house the participant in a community-based therapeutic
19 community until the participant has successfully
20 completed such treatment. If the department determines
21 that, after a period of continued treatment in a
22 community-based therapeutic community, the offender is
23 eligible for treatment in an outpatient addiction
24 program, such treatment may commence in accordance with
25 the provisions of this chapter.
26 (3) The department may house the eligible offender in a
27 community corrections center, group home or approved
28 transitional residence while the eligible offender is
29 participating in an outpatient addiction treatment program
30 and may impose conditions upon the participant's placement in
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1 such housing.
2 (e) Right of refusal to admit.--A community-based
3 therapeutic community or outpatient addiction treatment facility
4 may refuse to accept a criminal justice referral if the program
5 administrator deems the participant to be inappropriate for
6 admission to the program and may immediately discharge to the
7 custody of the department any participant who fails to comply
8 with program rules and treatment expectations or who refuses to
9 constructively engage in the treatment process.
10 (f) Notice to court of completion of program.--
11 (1) When the department determines that an eligible
12 offender has successfully completed the program, it shall
13 notify the sentencing court and release the eligible offender
14 to serve any remaining period of probation or postprogram
15 probation imposed by the sentencing court.
16 (2) The department shall provide to the court and the
17 attorney for the Commonwealth such information and reports as
18 necessary to transition the participant who has successfully
19 completed the program to any remaining probation or
20 postprogram probation imposed by the court.
21 (3) The sentencing court shall determine the conditions,
22 if any, governing both the remaining period of probation upon
23 completion of the program and any period of postprogram
24 probation imposed by the sentencing court.
25 (g) Suspension and expulsion from program.--
26 (1) A participant may be suspended or expelled from the
27 program in accordance with guidelines established by the
28 department, including failure to comply with administrative
29 or disciplinary procedures or requirements set forth by the
30 department.
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1 (2) The department shall promptly notify the court and
2 the attorney for the Commonwealth of the expulsion of a
3 participant from the program and the reason for such
4 expulsion.
5 (3) The department shall request that the court schedule
6 a probation revocation hearing upon the expulsion of a
7 participant from the program.
8 (4) The court shall revoke the probation of a
9 participant who is expelled or fails to complete, for any
10 reason, the program, even if the participant's term of
11 postprogram probation has not commenced. Nothing in this
12 chapter shall be construed to preclude the anticipatory
13 revocation of a participant's probation for any other reasons
14 allowed by law.
15 (5) Upon a violation of probation for any reason
16 specified by law, the attorney for the Commonwealth may file
17 notice, at any time prior to resentencing, of the
18 Commonwealth's intention to proceed under an applicable
19 provision of law requiring a mandatory minimum sentence as
20 provided in section 9729.1.
21 (6) The court, upon determining that the offender failed
22 to complete or was expelled from the drug offender treatment
23 program established by this chapter or otherwise violated the
24 terms of probation, may not impose a sentence which exceeds
25 the maximum statutory sentence allowed by law.
26 (7) Victims of crime shall be notified by the Office of
27 Victim Advocate when an eligible offender is resentenced by
28 the court for failure to complete or is expelled from the
29 program established by this chapter.
30 § 9905. Reports.
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1 (a) Final report.--The department shall provide a final
2 report to the court and the attorney for the Commonwealth as to
3 a participant's progress in the program.
4 (b) Joint report to General Assembly.--The department and
5 commission shall provide a joint report on the program to the
6 General Assembly every other year beginning one year after the
7 effective date of this chapter. The report shall include:
8 (1) The number of offenders evaluated for the program.
9 (2) The number of offenders sentenced to the program.
10 (3) The number of offenders sentenced to a State
11 correctional institution who may have been eligible for the
12 program.
13 (4) The number of offenders successfully completing the
14 program.
15 (5) Any changes the department and commission believe
16 will make the program more effective.
17 § 9906. Construction.
18 Notwithstanding any other provision of law to the contrary,
19 this chapter shall not be construed to:
20 (1) Confer any legal right upon any individual,
21 including an individual participating in the drug offender
22 treatment program, to:
23 (i) participate in a drug offender treatment
24 program;
25 (ii) continue participation in a drug offender
26 treatment program;
27 (iii) modify the contents of the drug offender
28 treatment program; or
29 (iv) file any cause of action in any court
30 challenging the department's determination that a
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1 participant has successfully completed or failed to
2 successfully complete treatment to be provided during
3 either the confinement or prerelease portions of a drug
4 offender treatment program.
5 (2) Enlarge or limit the right of a participant to
6 appeal the participant's sentence.
7 Section 4. All acts and parts of acts are repealed insofar
8 as they are inconsistent with 42 Pa.C.S. Ch. 99.
9 Section 5. This act shall take effect in 180 days.
10 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
11 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
12 § 2151. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING
17 ESTABLISHED IN SECTION 2151.1 (RELATING TO COMMISSION).
18 SECTION 2. SECTIONS 2151 AND 2154.1 HEADING, INTRODUCTORY
19 PARAGRAPH AND (1) OF TITLE 42 ARE AMENDED TO READ:
20 § [2151. PENNSYLVANIA COMMISSION ON SENTENCING] 2151.1.
21 COMMISSION.
22 (A) GENERAL RULE.--THE [PENNSYLVANIA COMMISSION ON
23 SENTENCING] COMMISSION SHALL BE ESTABLISHED AS AN AGENCY OF THE
24 GENERAL ASSEMBLY AND SHALL CONSIST OF 11 PERSONS SELECTED AS
25 PROVIDED IN THIS SUBCHAPTER.
26 (B) SEAL.--THE [PENNSYLVANIA COMMISSION ON SENTENCING]
27 COMMISSION SHALL HAVE A SEAL ENGRAVED WITH ITS NAME AND SUCH
28 OTHER INSCRIPTION AS MAY BE SPECIFIED BY REGULATION OF THE
29 COMMISSION.
30 § 2154.1. ADOPTION OF GUIDELINES FOR COUNTY INTERMEDIATE
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1 PUNISHMENT.
2 THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY OFFENDERS
3 WHO WOULD BE ELIGIBLE AND APPROPRIATE FOR PARTICIPATION IN
4 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. THESE GUIDELINES SHALL
5 BE CONSIDERED BY THE SENTENCING COURT IN DETERMINING WHETHER TO
6 SENTENCE AN OFFENDER PURSUANT TO SECTION 9763 (RELATING TO
7 SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT). THE GUIDELINES
8 SHALL:
9 (1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED
10 IN [SECTION 9729 (RELATING TO] CHAPTER 98 (RELATING TO COUNTY
11 INTERMEDIATE PUNISHMENT).
12 * * *
13 SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
14 § 2154.2. ADOPTION OF GUIDELINES FOR STATE INTERMEDIATE
15 PUNISHMENT.
16 THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY OFFENDERS
17 WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN STATE INTERMEDIATE
18 PUNISHMENT PROGRAMS. THESE GUIDELINES SHALL BE CONSIDERED BY THE
19 ATTORNEY FOR THE COMMONWEALTH AND THE SENTENCING COURT IN
20 DETERMINING WHETHER TO COMMIT A DEFENDANT FOR EVALUATION AND
21 WHETHER TO SENTENCE AN ELIGIBLE OFFENDER PURSUANT TO CHAPTER 99
22 (RELATING TO STATE INTERMEDIATE PUNISHMENT). THE GUIDELINES
23 SHALL DO ALL OF THE FOLLOWING:
24 (1) USE THE DESCRIPTION OF "ELIGIBLE OFFENDER" PROVIDED
25 IN CHAPTER 99.
26 (2) GIVE PRIMARY CONSIDERATION TO PROTECTION OF THE
27 PUBLIC SAFETY.
28 SECTION 4. SECTIONS 9721(A) AND (A.1), 9755(H) AND 9756(C.1)
29 OF TITLE 42 ARE AMENDED TO READ:
30 § 9721. SENTENCING GENERALLY.
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1 (A) GENERAL RULE.--IN DETERMINING THE SENTENCE TO BE IMPOSED
2 THE COURT SHALL, EXCEPT AS PROVIDED IN SUBSECTION (A.1),
3 CONSIDER AND SELECT ONE OR MORE OF THE FOLLOWING ALTERNATIVES,
4 AND MAY IMPOSE THEM CONSECUTIVELY OR CONCURRENTLY:
5 (1) AN ORDER OF PROBATION.
6 (2) A DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.
7 (3) PARTIAL CONFINEMENT.
8 (4) TOTAL CONFINEMENT.
9 (5) A FINE.
10 (6) [INTERMEDIATE] COUNTY INTERMEDIATE PUNISHMENT.
11 (7) STATE INTERMEDIATE PUNISHMENT.
12 (A.1) EXCEPTION.--
13 (1) UNLESS SPECIFICALLY AUTHORIZED UNDER SECTION 9763
14 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) OR
15 CHAPTER 99 (RELATING TO STATE INTERMEDIATE PUNISHMENT),
16 SUBSECTION (A) SHALL NOT APPLY WHERE A MANDATORY MINIMUM
17 SENTENCE IS OTHERWISE PROVIDED BY LAW.
18 (2) AN ELIGIBLE OFFENDER MAY BE SENTENCED TO STATE
19 INTERMEDIATE PUNISHMENT PURSUANT TO SUBSECTION (A)(7) AND AS
20 DESCRIBED IN CHAPTER 99, EVEN IF A MANDATORY MINIMUM SENTENCE
21 WOULD OTHERWISE BE PROVIDED BY LAW.
22 * * *
23 § 9755. SENTENCE OF PARTIAL CONFINEMENT.
24 * * *
25 (H) SENTENCE OF PARTIAL CONFINEMENT COMBINED WITH SENTENCE
26 OF COUNTY INTERMEDIATE PUNISHMENT.--THE COURT MAY IMPOSE A
27 SENTENCE OF PARTIAL CONFINEMENT WITHOUT PAROLE UNDER THIS
28 SUBSECTION ONLY WHEN:
29 (1) THE PERIOD OF PARTIAL CONFINEMENT IS FOLLOWED
30 IMMEDIATELY BY A SENTENCE IMPOSED PURSUANT TO SECTION 9763
20030H1434B3867 - 20 -
1 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) IN
2 WHICH CASE THE SENTENCE OF PARTIAL CONFINEMENT SHALL SPECIFY
3 THE NUMBER OF DAYS OF PARTIAL CONFINEMENT TO BE SERVED; AND
4 (2) THE MAXIMUM SENTENCE OF PARTIAL CONFINEMENT IMPOSED
5 ON ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR
6 CONCURRENTLY TOTAL 90 DAYS OR LESS.
7 § 9756. SENTENCE OF TOTAL CONFINEMENT.
8 * * *
9 (C.1) SENTENCE OF TOTAL CONFINEMENT COMBINED WITH SENTENCE
10 OF COUNTY INTERMEDIATE PUNISHMENT.--THE COURT MAY IMPOSE A
11 SENTENCE OF IMPRISONMENT WITHOUT PAROLE UNDER THIS SUBSECTION
12 ONLY WHEN:
13 (1) THE PERIOD OF TOTAL CONFINEMENT IS FOLLOWED
14 IMMEDIATELY BY A SENTENCE IMPOSED PURSUANT TO SECTION 9763
15 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) IN
16 WHICH CASE THE SENTENCE OF TOTAL CONFINEMENT SHALL SPECIFY
17 THE NUMBER OF DAYS OF TOTAL CONFINEMENT ALSO TO BE SERVED;
18 AND
19 (2) THE MAXIMUM SENTENCE OF TOTAL CONFINEMENT IMPOSED ON
20 ONE OR MORE INDICTMENTS TO RUN CONSECUTIVELY OR CONCURRENTLY
21 TOTAL 90 DAYS OR LESS.
22 * * *
23 SECTION 5. SECTION 9763 HEADING, (A) AND (C) OF TITLE 42,
24 AMENDED SEPTEMBER 30, 2003 (P.L.120, NO.24), ARE AMENDED TO
25 READ:
26 § 9763. SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT.
27 (A) GENERAL RULE.--IN IMPOSING A SENTENCE OF COUNTY
28 INTERMEDIATE PUNISHMENT, THE COURT SHALL SPECIFY AT THE TIME OF
29 SENTENCING THE LENGTH OF THE TERM FOR WHICH THE DEFENDANT IS TO
30 BE IN [AN] A COUNTY INTERMEDIATE PUNISHMENT PROGRAM ESTABLISHED
20030H1434B3867 - 21 -
1 UNDER CHAPTER 98 (RELATING TO COUNTY INTERMEDIATE PUNISHMENT) OR
2 A COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. THE
3 TERM MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE DEFENDANT
4 COULD BE CONFINED AND THE PROGRAM TO WHICH THE DEFENDANT IS
5 SENTENCED. THE COURT MAY ORDER A DEFENDANT TO SERVE A PORTION OF
6 THE SENTENCE UNDER SECTION 9755 (RELATING TO SENTENCE OF PARTIAL
7 CONFINEMENT) OR 9756 (RELATING TO SENTENCE OF TOTAL CONFINEMENT)
8 AND TO SERVE A PORTION IN [AN] A COUNTY INTERMEDIATE PUNISHMENT
9 PROGRAM OR A COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT
10 PROGRAMS.
11 * * *
12 (C) RESTRICTION.--
13 (1) A DEFENDANT [SUBJECT TO 75 PA.C.S. §] RECEIVING A
14 PENALTY IMPOSED UNDER 75 PA.C.S. § 1543(B) (RELATING TO
15 DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED),
16 FORMER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER INFLUENCE
17 OF ALCOHOL OR CONTROLLED SUBSTANCE) OR 3804 (RELATING TO
18 PENALTIES) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
19 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR
20 UTILIZING DRUGS), MAY ONLY BE SENTENCED TO COUNTY
21 INTERMEDIATE PUNISHMENT[:
22 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
23 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING
24 ALCOHOL OR UTILIZING DRUGS); AND
25 (II)] AFTER UNDERGOING AN ASSESSMENT UNDER 75
26 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
27 ASSESSMENTS).
28 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
29 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
30 COUNTY INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION
20030H1434B3867 - 22 -
1 IN DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
2 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY BE
3 COMBINED WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
4 PARTIAL CONFINEMENT PROGRAM SUCH AS WORK RELEASE, A WORK CAMP
5 OR A HALFWAY FACILITY.] THE DEFENDANT MAY ONLY BE SENTENCED
6 TO COUNTY INTERMEDIATE PUNISHMENT IN:
7 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
8 REHABILITATIVE CENTER;
9 (II) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;
10 (III) A PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK
11 RELEASE, WORK CAMP AND HALFWAY FACILITY; OR
12 (IV) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
13 THIS PARAGRAPH.
14 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
15 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
16 SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT [BY] IN:
17 (I) HOUSE ARREST [OR] WITH ELECTRONIC SURVEILLANCE;
18 (II) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
19 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
20 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
21 THIS [SUBSECTION] PARAGRAPH.
22 * * *
23 SECTION 6. SECTION 9773 OF TITLE 42 IS AMENDED TO READ:
24 § 9773. MODIFICATION OR REVOCATION OF COUNTY INTERMEDIATE
25 PUNISHMENT SENTENCE.
26 (A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A
27 SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT OR INCREASE OR
28 DECREASE THE CONDITIONS OF A SENTENCE PURSUANT TO SECTION 9763
29 (RELATING TO SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT).
30 (B) REVOCATION.--THE COURT MAY REVOKE A SENTENCE OF COUNTY
20030H1434B3867 - 23 -
1 INTERMEDIATE PUNISHMENT UPON PROOF OF A VIOLATION OF SPECIFIC
2 CONDITIONS OF THE SENTENCE. UPON REVOCATION AND SUBJECT TO
3 SECTION 9763(D) [(RELATING TO SENTENCE OF INTERMEDIATE
4 PUNISHMENT)], THE SENTENCING ALTERNATIVES AVAILABLE TO THE COURT
5 SHALL BE THE SAME AS THE ALTERNATIVES AVAILABLE AT THE TIME OF
6 INITIAL SENTENCING. UPON A REVOCATION OF COUNTY INTERMEDIATE
7 PUNISHMENT FOR ANY REASON SPECIFIED BY LAW, THE ATTORNEY FOR THE
8 COMMONWEALTH MAY FILE NOTICE, AT ANY TIME PRIOR TO RESENTENCING,
9 OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER AN APPLICABLE
10 PROVISION OF LAW REQUIRING A MANDATORY MINIMUM SENTENCE.
11 CONSIDERATION SHALL BE GIVEN TO THE TIME SERVED IN THE COUNTY
12 INTERMEDIATE PUNISHMENT PROGRAM.
13 (C) HEARING REQUIRED.--A COURT SHALL NOT REVOKE OR INCREASE
14 THE CONDITIONS OF A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT
15 WITHOUT A HEARING AT WHICH THE COURT SHALL CONSIDER THE RECORD
16 OF THE INITIAL SENTENCING PROCEEDING AS WELL AS THE CONDUCT OF
17 THE DEFENDANT WHILE SERVING A SENTENCE OF COUNTY INTERMEDIATE
18 PUNISHMENT. A HEARING IS NOT REQUIRED TO DECREASE THE CONDITIONS
19 OF THE SENTENCE.
20 SECTION 7. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
21 § 9774. REVOCATION OF STATE INTERMEDIATE PUNISHMENT SENTENCE.
22 (A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE A
23 SENTENCE OF STATE INTERMEDIATE PUNISHMENT IMPOSED PURSUANT TO
24 CHAPTER 99 (RELATING TO STATE INTERMEDIATE PUNISHMENT).
25 (B) REVOCATION.--THE COURT SHALL REVOKE A SENTENCE OF STATE
26 INTERMEDIATE PUNISHMENT IF, AFTER A HEARING, IT DETERMINES THAT
27 THE PARTICIPANT WAS EXPELLED FROM OR FAILED TO COMPLETE THE
28 PROGRAM.
29 (C) PROCEEDINGS UPON REVOCATION.--UPON REVOCATION OF A STATE
30 INTERMEDIATE PUNISHMENT SENTENCE, THE SENTENCING ALTERNATIVES
20030H1434B3867 - 24 -
1 AVAILABLE TO THE COURT SHALL BE THE SAME AS THE ALTERNATIVES
2 AVAILABLE AT THE TIME OF INITIAL SENTENCING. THE ATTORNEY FOR
3 THE COMMONWEALTH MUST FILE NOTICE, AT ANY TIME PRIOR TO
4 RESENTENCING, OF THE COMMONWEALTH'S INTENTION TO PROCEED UNDER
5 AN APPLICABLE PROVISION OF LAW REQUIRING A MANDATORY MINIMUM
6 SENTENCE.
7 SECTION 8. SECTION 9804(B) OF TITLE 42, AMENDED SEPTEMBER
8 30, 2003 (P.L.120, NO.24), IS AMENDED TO READ:
9 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
10 * * *
11 (B) ELIGIBILITY.--
12 (1) NO PERSON OTHER THAN THE ELIGIBLE OFFENDER SHALL BE
13 SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
14 (2) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
15 EMPLOY THE TERM "ELIGIBLE OFFENDER" TO FURTHER IDENTIFY
16 OFFENDERS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN
17 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. IN DEVELOPING THE
18 GUIDELINES, THE COMMISSION SHALL GIVE PRIMARY CONSIDERATION
19 TO PROTECTION OF THE PUBLIC SAFETY.
20 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
21 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
22 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 3804
23 (RELATING TO PENALTIES) OR 3808(A)(2) (RELATING TO
24 ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
25 IGNITION INTERLOCK) SHALL UNDERGO AN ASSESSMENT UNDER 75
26 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
27 ASSESSMENTS).
28 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
29 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO COUNTY
30 INTERMEDIATE PUNISHMENT SHALL INCLUDE PARTICIPATION IN
20030H1434B3867 - 25 -
1 DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
2 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY
3 BE COMBINED WITH HOUSE ARREST WITH ELECTRONIC
4 SURVEILLANCE OR A PARTIAL CONFINEMENT PROGRAM SUCH AS
5 WORK RELEASE, A WORK CAMP OR A HALFWAY FACILITY.] THE
6 DEFENDANT MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
7 PUNISHMENT IN:
8 (A) A RESIDENTIAL INPATIENT PROGRAM OR A
9 RESIDENTIAL REHABILITATIVE CENTER;
10 (B) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE;
11 (C) A PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK
12 RELEASE, WORK CAMP AND HALFWAY FACILITY; OR
13 (D) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
14 THIS SUBPARAGRAPH.
15 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN
16 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
17 ONLY BE SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT
18 PROGRAM IN:
19 (A) HOUSE ARREST [AND] WITH ELECTRONIC
20 SURVEILLANCE;
21 (B) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
22 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
23 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
24 THIS PARAGRAPH.
25 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
26 PENALTIES) MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
27 PUNISHMENT FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
28 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR
29 UTILIZING DRUGS).
30 SECTION 9. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
20030H1434B3867 - 26 -
1 CHAPTER 99
2 STATE INTERMEDIATE PUNISHMENT
3 SEC.
4 9901. SCOPE.
5 9902. FINDINGS AND PURPOSE.
6 9903. DEFINITIONS.
7 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
8 9905. DRUG OFFENDER TREATMENT PROGRAM.
9 9906. WRITTEN GUIDELINES.
10 9907. REPORTS.
11 9908. CONSTRUCTION.
12 9909. EVALUATION.
13 § 9901. SCOPE.
14 THIS CHAPTER RELATES TO STATE INTERMEDIATE PUNISHMENT.
15 § 9902. FINDINGS AND PURPOSE.
16 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
17 (1) MANY CRIMES ARE COMMITTED BY PERSONS WHO, BECAUSE OF
18 THEIR ADDICTION TO DRUGS OR ALCOHOL, ARE UNABLE TO MAINTAIN
19 GAINFUL EMPLOYMENT.
20 (2) THESE PERSONS OFTEN COMMIT CRIMES AS A MEANS OF
21 OBTAINING THE FUNDS NECESSARY TO PURCHASE DRUGS OR ALCOHOL.
22 (3) MANY PERSONS COMMIT CRIMES WHILE UNDER THE INFLUENCE
23 OF DRUGS OR ALCOHOL EVEN THOUGH THEY ARE NOT ADDICTED TO SUCH
24 SUBSTANCES IN A CLINICAL SENSE.
25 (4) PUNISHING PERSONS WHO COMMIT CRIMES IS AN IMPORTANT
26 ASPECT OF RECOGNIZING THE HARM THAT CRIMINALS VISIT UPON
27 THEIR VICTIMS.
28 (5) MANY PEOPLE WHO COMMIT CRIMES WILL BE ABLE TO BECOME
29 LAW-ABIDING, CONTRIBUTING MEMBERS OF SOCIETY IF THEY ARE ABLE
30 TO OBTAIN TREATMENT FOR THEIR DRUG OR ALCOHOL ADDICTION OR
20030H1434B3867 - 27 -
1 ABUSE.
2 (6) THE PURPOSE OF THIS CHAPTER IS TO CREATE A PROGRAM
3 THAT PUNISHES PERSONS WHO COMMIT CRIMES, BUT ALSO PROVIDES
4 TREATMENT THAT OFFERS THE OPPORTUNITY FOR THOSE PERSONS TO
5 ADDRESS THEIR DRUG OR ALCOHOL ADDICTION OR ABUSE AND THEREBY
6 REDUCE THE INCIDENTS OF RECIDIVISM AND ENHANCE PUBLIC SAFETY.
7 § 9903. DEFINITIONS.
8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
9 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
10 CONTEXT CLEARLY INDICATES OTHERWISE:
11 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING.
12 "COMMUNITY-BASED THERAPEUTIC COMMUNITY." A LONG-TERM
13 RESIDENTIAL ADDICTION TREATMENT PROGRAM LICENSED BY THE
14 DEPARTMENT OF HEALTH TO PROVIDE ADDICTION TREATMENT SERVICES
15 USING A THERAPEUTIC COMMUNITY MODEL AND DETERMINED BY THE
16 DEPARTMENT OF CORRECTIONS TO BE QUALIFIED TO PROVIDE ADDICTION
17 TREATMENT TO PARTICIPANTS.
18 "COMMUNITY CORRECTIONS CENTER." A RESIDENTIAL PROGRAM THAT
19 IS SUPERVISED AND OPERATED BY THE DEPARTMENT OF CORRECTIONS FOR
20 INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
21 "COURT." THE TRIAL JUDGE EXERCISING SENTENCING JURISDICTION
22 OVER AN ELIGIBLE OFFENDER UNDER THIS CHAPTER OR THE PRESIDENT
23 JUDGE IF THE ORIGINAL TRIAL JUDGE IS NO LONGER SERVING AS A
24 JUDGE OF THE SENTENCING COURT.
25 "DEFENDANT." AN INDIVIDUAL CHARGED WITH A DRUG-RELATED
26 OFFENSE.
27 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
28 COMMONWEALTH.
29 "DRUG OFFENDER TREATMENT PROGRAM" OR "PROGRAM." A TREATMENT
30 PROGRAM ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS CONSISTING
20030H1434B3867 - 28 -
1 PRIMARILY OF DRUG AND ALCOHOL ADDICTION TREATMENT THAT SATISFIES
2 THE TERMS AND CONDITIONS LISTED IN SECTION 9905 (RELATING TO
3 DRUG OFFENDER TREATMENT PROGRAM).
4 "DRUG-RELATED OFFENSE." A CRIMINAL OFFENSE FOR WHICH A
5 DEFENDANT IS CONVICTED AND THAT THE COURT DETERMINES WAS
6 MOTIVATED BY THE DEFENDANT'S CONSUMPTION OF OR ADDICTION TO
7 ALCOHOL OR A CONTROLLED SUBSTANCE, COUNTERFEIT, DESIGNER DRUG,
8 DRUG, IMMEDIATE PRECURSOR OR MARIJUANA, AS THOSE TERMS ARE
9 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L. 233, NO. 64), KNOWN
10 AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
11 "ELIGIBLE OFFENDER." SUBJECT TO SECTION 9721(A.1) (RELATING
12 TO SENTENCING GENERALLY), A DEFENDANT DESIGNATED BY THE
13 SENTENCING COURT AS A PERSON CONVICTED OF A DRUG-RELATED OFFENSE
14 WHO:
15 (1) HAS UNDERGONE AN ASSESSMENT PERFORMED BY THE
16 DEPARTMENT OF CORRECTIONS WHICH (ASSESSMENT) HAS CONCLUDED
17 THAT THE DEFENDANT IS IN NEED OF DRUG AND ALCOHOL ADDICTION
18 TREATMENT AND WOULD BENEFIT FROM COMMITMENT TO THE DRUG
19 OFFENDER TREATMENT PROGRAM AND THAT PLACEMENT IN THE DRUG
20 OFFENDER TREATMENT PROGRAM WOULD BE APPROPRIATE. THE TERM
21 DOES NOT INCLUDE A DEFENDANT WHO IS SUBJECT TO A SENTENCE THE
22 CALCULATION OF WHICH INCLUDES AN ENHANCEMENT FOR THE USE OF A
23 DEADLY WEAPON, AS DEFINED PURSUANT TO LAW OR THE SENTENCING
24 GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON
25 SENTENCING; A DEFENDANT WHO HAS BEEN CONVICTED OF A PERSONAL
26 INJURY CRIME AS DEFINED IN SECTION 103 OF THE ACT OF NOVEMBER
27 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT,
28 OR AN ATTEMPT OR CONSPIRACY TO COMMIT SUCH CRIME; A DEFENDANT
29 WHO HAS BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 4302
30 (RELATING TO INCEST), 5901 (RELATING TO OPEN LEWDNESS), 6312
20030H1434B3867 - 29 -
1 (RELATING TO SEXUAL ABUSE OF CHILDREN), 6318 (RELATING TO
2 UNLAWFUL CONTACT WITH MINOR) OR 6320 (RELATING TO SEXUAL
3 EXPLOITATION OF CHILDREN); OR A DEFENDANT WHO HAS BEEN
4 CONVICTED UNDER 18 PA.C.S. CH. 76 SUBCH. C (RELATING TO
5 INTERNET CHILD PORNOGRAPHY);
6 (2) DOES NOT DEMONSTRATE A HISTORY OF PRESENT OR PAST
7 VIOLENT BEHAVIOR;
8 (3) WOULD BE PLACED IN THE CUSTODY OF THE DEPARTMENT IF
9 NOT SENTENCED TO STATE INTERMEDIATE PUNISHMENT; AND
10 (4) PROVIDES WRITTEN CONSENT PERMITTING RELEASE OF
11 INFORMATION PERTAINING TO HIS OR HER PARTICIPATION IN THE
12 DRUG OFFENDER TREATMENT PROGRAM.
13 "EXPULSION." THE PERMANENT REMOVAL OF A PARTICIPANT FROM THE
14 DRUG OFFENDER TREATMENT PROGRAM.
15 "GROUP HOME." A RESIDENTIAL PROGRAM THAT IS CONTRACTED OUT
16 BY THE DEPARTMENT OF CORRECTIONS TO A PRIVATE SERVICE PROVIDER
17 FOR INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
18 "INSTITUTIONAL THERAPEUTIC COMMUNITY." A RESIDENTIAL DRUG
19 TREATMENT PROGRAM IN A STATE CORRECTIONAL INSTITUTION,
20 ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT OF DRUG AND
21 ALCOHOL ABUSE AND ADDICTION BY THE AMERICAN CORRECTIONAL
22 ASSOCIATION OR OTHER NATIONALLY RECOGNIZED ACCREDITATION
23 ORGANIZATION FOR THERAPEUTIC COMMUNITY DRUG AND ALCOHOL
24 ADDICTION TREATMENT.
25 "INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN." AN
26 INDIVIDUALIZED ADDICTION TREATMENT PLAN WITHIN THE FRAMEWORK OF
27 THE DRUG OFFENDER TREATMENT PROGRAM.
28 "OUTPATIENT ADDICTION TREATMENT FACILITY." AN ADDICTION
29 TREATMENT FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND
30 DESIGNATED BY THE DEPARTMENT OF CORRECTIONS AS QUALIFIED TO
20030H1434B3867 - 30 -
1 PROVIDE ADDICTION TREATMENT TO CRIMINAL JUSTICE OFFENDERS.
2 "PARTICIPANT." AN ELIGIBLE OFFENDER SENTENCED TO STATE
3 INTERMEDIATE PUNISHMENT PURSUANT TO SECTION 9721(A)(7) (RELATING
4 TO STATE SENTENCING GENERALLY).
5 "TRANSITIONAL RESIDENCE." A RESIDENCE INVESTIGATED AND
6 APPROVED BY THE DEPARTMENT OF CORRECTIONS AS APPROPRIATE FOR
7 HOUSING A PARTICIPANT IN THE DRUG OFFENDER TREATMENT PROGRAM.
8 § 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
9 (A) REFERRAL FOR EVALUATION.--
10 (1) PRIOR TO IMPOSING A SENTENCE, THE COURT MAY, UPON
11 MOTION OF THE COMMONWEALTH AND AGREEMENT OF THE DEFENDANT,
12 COMMIT A DEFENDANT TO THE CUSTODY OF THE DEPARTMENT FOR THE
13 PURPOSE OF EVALUATING WHETHER THE DEFENDANT WOULD BENEFIT
14 FROM THE DRUG OFFENDER TREATMENT PROGRAM AND WHETHER
15 PLACEMENT IN THE PROGRAM IS APPROPRIATE.
16 (2) UPON COMMITTING A DEFENDANT TO THE DEPARTMENT, THE
17 COURT SHALL FORWARD TO THE DEPARTMENT:
18 (I) A SUMMARY OF THE OFFENSE FOR WHICH THE DEFENDANT
19 HAS BEEN CONVICTED.
20 (II) INFORMATION RELATING TO THE DEFENDANT'S HISTORY
21 OF DELINQUENCY OR CRIMINALITY, INCLUDING THE INFORMATION
22 MAINTAINED BY THE COURT PURSUANT TO 42 PA.C.S. CH. 63
23 (RELATING TO JUVENILE MATTERS), WHEN AVAILABLE.
24 (III) INFORMATION RELATING TO THE DEFENDANT'S
25 HISTORY OF DRUG OR ALCOHOL ABUSE OR ADDICTION, WHEN
26 AVAILABLE.
27 (IV) A PRESENTENCE INVESTIGATION REPORT, WHEN
28 AVAILABLE.
29 (V) ANY OTHER INFORMATION THE COURT DEEMS RELEVANT
30 TO ASSIST THE DEPARTMENT WITH ITS ASSESSMENT OF THE
20030H1434B3867 - 31 -
1 DEFENDANT.
2 (B) ASSESSMENT OF ADDICTION.--
3 (1) THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT OF THE
4 ADDICTION AND OTHER TREATMENT NEEDS OF THE DEFENDANT AND
5 DETERMINE WHETHER THE DEFENDANT WOULD BENEFIT FROM THE DRUG
6 OFFENDER TREATMENT PROGRAM. THE ASSESSMENT SHALL BE CONDUCTED
7 USING A NATIONALLY RECOGNIZED ASSESSMENT INSTRUMENT OR AN
8 INSTRUMENT THAT HAS BEEN NORMED AND VALIDATED ON THE
9 DEPARTMENT'S INMATE POPULATION BY A RECOGNIZED EXPERT IN SUCH
10 MATTERS. THE ASSESSMENT INSTRUMENT SHALL BE ADMINISTERED BY
11 PERSONS SKILLED IN THE TREATMENT OF DRUG AND ALCOHOL
12 ADDICTION AND TRAINED TO CONDUCT ASSESSMENTS. THE ASSESSMENT
13 SHALL BE REVIEWED AND APPROVED BY A SUPERVISOR WITH AT LEAST
14 THREE YEARS OF EXPERIENCE PROVIDING DRUG AND ALCOHOL
15 COUNSELING SERVICES.
16 (2) THE DEPARTMENT SHALL CONDUCT RISK AND OTHER
17 ASSESSMENTS IT DEEMS APPROPRIATE AND SHALL PROVIDE A REPORT
18 OF ITS ASSESSMENT TO THE COURT, THE DEFENDANT, THE ATTORNEY
19 FOR THE COMMONWEALTH AND THE COMMISSION WITHIN 60 DAYS OF THE
20 COURT'S REMANDING THE DEFENDANT TO THE DEPARTMENT.
21 (C) PROPOSED INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN.--
22 IF THE DEPARTMENT, IN ITS DISCRETION, BELIEVES THE DEFENDANT
23 WOULD BENEFIT FROM THE DRUG OFFENDER TREATMENT PROGRAM AND
24 PLACEMENT IN THE PROGRAM IS APPROPRIATE, THE DEPARTMENT SHALL
25 PROVIDE THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
26 COMMONWEALTH AND THE COMMISSION WITH A PROPOSED INDIVIDUALIZED
27 DRUG OFFENDER TREATMENT PLAN DETAILING THE TYPE OF TREATMENT
28 PROPOSED.
29 (D) PREREQUISITES FOR COMMITMENT.--UPON RECEIPT OF A
30 RECOMMENDATION FOR PLACEMENT IN THE DRUG OFFENDER TREATMENT
20030H1434B3867 - 32 -
1 PROGRAM FROM THE DEPARTMENT, AND AGREEMENT OF THE ATTORNEY FOR
2 THE COMMONWEALTH AND THE DEFENDANT, THE COURT MAY SENTENCE THE
3 ELIGIBLE OFFENDER TO A PERIOD OF 24 MONTHS OF STATE INTERMEDIATE
4 PUNISHMENT, IF THE COURT FINDS THAT:
5 (1) THE ELIGIBLE OFFENDER IS LIKELY TO BENEFIT FROM
6 STATE INTERMEDIATE PUNISHMENT;
7 (2) PUBLIC SAFETY WOULD BE ENHANCED BY THE ELIGIBLE
8 OFFENDER'S PARTICIPATION IN STATE INTERMEDIATE PUNISHMENT;
9 AND
10 (3) SENTENCING THE ELIGIBLE OFFENDER TO STATE
11 INTERMEDIATE PUNISHMENT WOULD NOT DEPRECIATE THE SERIOUSNESS
12 OF THE OFFENSE.
13 (E) CONSECUTIVE PROBATION.--NOTHING IN THIS CHAPTER SHALL
14 PROHIBIT THE COURT FROM SENTENCING AN ELIGIBLE OFFENDER TO A
15 CONSECUTIVE PERIOD OF PROBATION. THE TOTAL DURATION OF THE
16 SENTENCE MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE ELIGIBLE
17 OFFENDER COULD OTHERWISE BE SENTENCED.
18 (F) APPLICABILITY AND PROGRAM LIMITATIONS.--THE COURT MAY
19 NOT MODIFY OR ALTER THE TERMS OF THE DEPARTMENT'S PROPOSED
20 INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN WITHOUT THE
21 AGREEMENT OF THE DEPARTMENT AND THE ATTORNEY FOR THE
22 COMMONWEALTH.
23 (G) VIDEOCONFERENCING.--THE DEPARTMENT SHALL MAKE
24 VIDEOCONFERENCING FACILITIES AVAILABLE TO ALLOW THE COURT TO
25 CONDUCT PROCEEDINGS NECESSARY UNDER THIS SECTION WHEN THE
26 ELIGIBLE OFFENDER HAS BEEN COMMITTED TO THE CUSTODY OF THE
27 DEPARTMENT PURSUANT TO SUBSECTION (B).
28 § 9905. DRUG OFFENDER TREATMENT PROGRAM.
29 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND
30 ADMINISTER THE DRUG OFFENDER TREATMENT PROGRAM AS A STATE
20030H1434B3867 - 33 -
1 INTERMEDIATE PUNISHMENT. THE PROGRAM SHALL BE DESIGNED TO
2 ADDRESS THE INDIVIDUALLY ASSESSED DRUG AND ALCOHOL ABUSE AND
3 ADDICTION NEEDS OF THE PARTICIPANTS, AND SHALL ADDRESS OTHER
4 ISSUES ESSENTIAL TO THE PARTICIPANTS' SUCCESSFUL REINTEGRATION
5 INTO THE COMMUNITY SUCH AS EDUCATIONAL AND EMPLOYMENT ISSUES.
6 (B) DURATION AND COMPONENTS.--NOTWITHSTANDING ANY CREDIT TO
7 WHICH DEFENDANTS MAY BE ENTITLED UNDER SECTION 9760 (RELATING TO
8 CREDIT FOR TIME SERVED), THE DURATION OF THE DRUG OFFENDER
9 TREATMENT PROGRAM SHALL BE 24 MONTHS, AND SHALL INCLUDE THE
10 FOLLOWING:
11 (1) A PERIOD IN A STATE CORRECTIONAL INSTITUTION OF NOT
12 LESS THAN SEVEN MONTHS. THIS PERIOD SHALL INCLUDE:
13 (I) THE TIME DURING WHICH THE DEFENDANTS ARE BEING
14 EVALUATED BY THE DEPARTMENT UNDER SECTION 9904(B)
15 (RELATING TO REFERRAL TO STATE INTERMEDIATE PUNISHMENT
16 PROGRAM); AND
17 (II) FOLLOWING EVALUATION UNDER SUBPARAGRAPH (I),
18 NOT LESS THAN FOUR MONTHS SHALL BE IN AN INSTITUTIONAL
19 THERAPEUTIC COMMUNITY.
20 (2) A PERIOD OF TREATMENT IN A COMMUNITY-BASED
21 THERAPEUTIC COMMUNITY OF AT LEAST TWO MONTHS.
22 (3) A PERIOD OF AT LEAST SIX MONTHS TREATMENT THROUGH AN
23 OUTPATIENT ADDICTION TREATMENT FACILITY. DURING THE
24 OUTPATIENT ADDICTION TREATMENT PORTION OF THE DRUG OFFENDER
25 TREATMENT PROGRAM, THE PARTICIPANTS MAY BE HOUSED IN A
26 COMMUNITY CORRECTIONS CENTER OR GROUP HOME OR MAY BE PLACED
27 IN AN APPROVED TRANSITIONAL RESIDENCE. THE PARTICIPANTS MUST
28 COMPLY WITH ANY CONDITIONS ESTABLISHED BY THE DEPARTMENT
29 REGARDLESS OF WHERE HE OR SHE RESIDES DURING THE OUTPATIENT
30 ADDICTION TREATMENT PORTION OF THE DRUG OFFENDER TREATMENT
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1 PROGRAM.
2 (4) A PERIOD OF SUPERVISED REINTEGRATION INTO THE
3 COMMUNITY FOR THE BALANCE OF THE PROGRAM, DURING WHICH THE
4 PARTICIPANT SHALL CONTINUE TO BE SUPERVISED BY THE DEPARTMENT
5 AND COMPLY WITH ANY CONDITIONS IMPOSED BY THE DEPARTMENT.
6 (C) DRUG OFFENDER TREATMENT PROGRAM MANAGEMENT.--CONSISTENT
7 WITH THE MINIMUM TIME REQUIREMENTS SET FORTH IN SUBSECTION (B),
8 THE DEPARTMENT MAY TRANSFER PARTICIPANTS BETWEEN A STATE
9 CORRECTIONAL INSTITUTION, AN INSTITUTIONAL THERAPEUTIC
10 COMMUNITY, A COMMUNITY-BASED THERAPEUTIC COMMUNITY, AN
11 OUTPATIENT ADDICTION TREATMENT PROGRAM AND AN APPROVED
12 TRANSITIONAL RESIDENCE AT ITS DISCRETION. THE DEPARTMENT MAY
13 TRANSFER PARTICIPANTS BACK AND FORTH BETWEEN LESS RESTRICTIVE
14 AND MORE RESTRICTIVE SETTINGS BASED UPON THE PARTICIPANTS'
15 PROGRESS OR REGRESSION IN TREATMENT OR FOR MEDICAL,
16 DISCIPLINARY, OR OTHER ADMINISTRATIVE REASONS. IT IS THE PURPOSE
17 OF THIS SUBSECTION TO PROVIDE THE DEPARTMENT WITH THE MAXIMUM
18 FLEXIBILITY TO ADMINISTER THE PROGRAM BOTH AS A WHOLE AND FOR
19 INDIVIDUAL PARTICIPANTS.
20 (D) RIGHT OF REFUSAL TO ADMIT.--THE ADMINISTRATOR OF A
21 COMMUNITY-BASED THERAPEUTIC COMMUNITY OR OUTPATIENT ADDICTION
22 TREATMENT FACILITY MAY REFUSE TO ACCEPT A PARTICIPANT HE DEEMS
23 TO BE INAPPROPRIATE FOR ADMISSION AND MAY IMMEDIATELY DISCHARGE
24 TO THE CUSTODY OF THE DEPARTMENT ANY PARTICIPANT WHO FAILS TO
25 COMPLY WITH FACILITY RULES AND TREATMENT EXPECTATIONS OR WHO
26 REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS.
27 (E) NOTICE TO COURT OF COMPLETION OF PROGRAM.--WHEN THE
28 DEPARTMENT DETERMINES THAT A PARTICIPANT HAS SUCCESSFULLY
29 COMPLETED THE PROGRAM, IT SHALL NOTIFY THE SENTENCING COURT, THE
30 COMMISSION AND THE ATTORNEY FOR THE COMMONWEALTH.
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1 (F) EXPULSION FROM DRUG OFFENDER TREATMENT PROGRAM.--
2 (1) A PARTICIPANT MAY BE EXPELLED FROM THE PROGRAM AT
3 ANY TIME IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE
4 DEPARTMENT, INCLUDING FAILURE TO COMPLY WITH ADMINISTRATIVE
5 OR DISCIPLINARY PROCEDURES OR REQUIREMENTS SET FORTH BY THE
6 DEPARTMENT.
7 (2) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE COURT, THE
8 DEFENDANT, THE ATTORNEY FOR THE COMMONWEALTH, AND THE
9 COMMISSION OF THE EXPULSION OF A PARTICIPANT FROM THE PROGRAM
10 AND THE REASON FOR SUCH EXPULSION. THE PARTICIPANT SHALL BE
11 HOUSED IN A STATE CORRECTIONAL INSTITUTION OR COUNTY JAIL
12 PENDING ACTION BY THE COURT.
13 (3) THE COURT SHALL SCHEDULE A PROMPT STATE INTERMEDIATE
14 PUNISHMENT REVOCATION HEARING PURSUANT TO SECTION 9774
15 (RELATING TO REVOCATION OF STATE INTERMEDIATE PUNISHMENT
16 SENTENCE).
17 § 9906. WRITTEN GUIDELINES.
18 IT SHALL BE THE DUTY OF THE DEPARTMENT TO DEVELOP WRITTEN
19 GUIDELINES FOR PARTICIPANT SELECTION CRITERIA, THE ESTABLISHMENT
20 OF THE DRUG OFFENDER TREATMENT PROGRAM SELECTION COMMITTEES
21 WITHIN EACH DIAGNOSTIC AND CLASSIFICATION CENTER OF THE
22 DEPARTMENT, AND TO ADDRESS EXPULSIONS FROM THE DRUG OFFENDER
23 TREATMENT PROGRAM. THE GUIDELINES SHALL NOT BE SUBJECT TO THE
24 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
25 REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD OF TWO YEARS
26 UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
27 SHALL BE REPLACED BY REGULATIONS PROMULGATED BY THE DEPARTMENT
28 CONSISTENT WITH THE REGULATORY REVIEW ACT WITHIN THE TWO-YEAR
29 PERIOD DURING WHICH THE GUIDELINES ARE EFFECTIVE. THE
30 REGULATIONS SHALL INCLUDE A REQUIREMENT THAT COMMUNITY-BASED
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1 THERAPEUTIC COMMUNITIES UTILIZED IN THE DRUG OFFENDER TREATMENT
2 PROGRAM BE ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT
3 OF DRUG AND ALCOHOL ABUSE AND ADDICTION BY THE COMMISSION ON
4 ACCREDITATION OF REHABILITATION FACILITIES OR OTHER NATIONALLY
5 RECOGNIZED ACCREDITATION ORGANIZATION FOR COMMUNITY-BASED
6 THERAPEUTIC COMMUNITIES FOR DRUG AND ALCOHOL ADDICTION
7 TREATMENT.
8 § 9907. REPORTS.
9 (A) FINAL REPORT.--THE DEPARTMENT SHALL PROVIDE A FINAL
10 REPORT TO THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
11 COMMONWEALTH, AND THE COMMISSION ON A PARTICIPANT'S PROGRESS IN
12 THE PROGRAM.
13 (B) EVALUATION AND REPORT TO GENERAL ASSEMBLY.--THE
14 DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE THE
15 PROGRAM TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. IN
16 ODD NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF ITS
17 EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE
18 JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
19 THAN FEBRUARY 1. IN EVEN NUMBERED YEARS, THE COMMISSION SHALL
20 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
21 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
22 REPRESENTATIVES NO LATER THAN FEBRUARY 1. THE REPORT SHALL
23 INCLUDE:
24 (1) THE NUMBER OF OFFENDERS EVALUATED FOR THE PROGRAM.
25 (2) THE NUMBER OF OFFENDERS SENTENCED TO THE PROGRAM.
26 (3) THE NUMBER OF OFFENDERS SENTENCED TO A STATE
27 CORRECTIONAL INSTITUTION WHO MAY HAVE BEEN ELIGIBLE FOR THE
28 PROGRAM.
29 (4) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING THE
30 PROGRAM.
20030H1434B3867 - 37 -
1 (5) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-YEAR
2 RECIDIVISM RATES FOR OFFENDERS WHO HAVE COMPLETED THE DRUG
3 OFFENDER TREATMENT PROGRAM AND FOR A COMPARISON GROUP OF
4 OFFENDERS WHO WERE NOT PLACED IN THE DRUG OFFENDER TREATMENT
5 PROGRAM.
6 (6) ANY CHANGES THAT THE DEPARTMENT OR THE COMMISSION
7 BELIEVE WILL MAKE THE PROGRAM MORE EFFECTIVE.
8 § 9908. CONSTRUCTION.
9 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
10 THIS CHAPTER SHALL NOT BE CONSTRUED TO:
11 (1) CONFER A LEGAL RIGHT UPON ANY INDIVIDUAL TO:
12 (I) BE ADMITTED TO THE DRUG OFFENDER TREATMENT
13 PROGRAM;
14 (II) CONTINUE PARTICIPATION IN THE DRUG OFFENDER
15 TREATMENT PROGRAM;
16 (III) MODIFY THE CONTENTS OF THE DRUG OFFENDER
17 TREATMENT PROGRAM; OR
18 (IV) FILE ANY CAUSE OF ACTION IN ANY COURT
19 CHALLENGING THE DEPARTMENT'S DETERMINATION THAT A
20 PARTICIPANT BE SUSPENDED OR EXPELLED FROM OR THAT A
21 PARTICIPANT HAS SUCCESSFULLY COMPLETED OR FAILED TO
22 SUCCESSFULLY COMPLETE TREATMENT TO BE PROVIDED DURING ANY
23 PORTION OF THE DRUG OFFENDER TREATMENT PROGRAM.
24 (2) ENLARGE OR LIMIT THE RIGHT OF A PARTICIPANT TO
25 APPEAL THE PARTICIPANT'S SENTENCE.
26 § 9909. EVALUATION.
27 THE DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE
28 THE MOTIVATIONAL BOOT CAMP PROGRAM UNDER THE ACT OF DECEMBER 19,
29 1990 (P.L.1391, NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP
30 ACT, TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. IN EVEN
20030H1434B3867 - 38 -
1 NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF ITS
2 EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE
3 JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
4 THAN FEBRUARY 1. IN ODD NUMBERED YEARS, THE COMMISSION SHALL
5 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
6 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
7 REPRESENTATIVES NO LATER THAN FEBRUARY 1.
8 SECTION 10. THE FOLLOWING ACTS AND PARTS OF ACTS ARE
9 REPEALED TO THE EXTENT SPECIFIED:
10 SECTION 5(E) OF THE ACT OF DECEMBER 19, 1990 (P.L.1391,
11 NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP ACT, ABSOLUTELY.
12 ALL OTHER ACTS AND PARTS OF ACTS, INSOFAR AS THEY ARE
13 INCONSISTENT WITH THE ADDITION OF 42 PA.C.S. CH. 99.
14 SECTION 11. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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