PRINTER'S NO. 2213
No. 1776 Session of 1997
INTRODUCED BY HANNA, TIGUE, ROBINSON, TRELLO AND VAN HORNE,
SEPTEMBER 23, 1997
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 23, 1997
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 parole consideration
18 matters.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 19 of the act of August 6, 1941 (P.L.861,
22 No.323), referred to as the Pennsylvania Board of Probation and
23 Parole Law, amended October 9, 1986 (P.L.1424, No.134), is
24 amended to read:
25 Section 19. It shall be the duty of the board, upon the
1 commitment to prison of any person whom said board is herein
2 given the power to parole, to [investigate and inform itself
3 respecting the circumstances of the offense for which said
4 person shall have been sentenced, and, in addition thereto, it
5 shall] procure information as full and complete as may be
6 obtainable with regard to the character, mental characteristics,
7 habits, antecedents, connections and environment of such person.
8 [The board shall further procure the stenographic record, if
9 any, of the trial, conviction and sentence, together with such
10 additional information regarding the crime for which sentence
11 was imposed as may be available.] The board shall further cause
12 the conduct of the person while in prison and his physical,
13 mental and behavior condition and history, his history of family
14 violence and his complete criminal record, as far as the same
15 may be known, to be investigated and reported. All public
16 officials having possession of such records or information are
17 hereby required and directed to furnish the same to the board
18 upon its request and without charge therefor. Said investigation
19 shall be made by the board so far as may be practicable while
20 the case is recent, and in granting paroles the board shall
21 consider [the nature and character of the offense committed,]
22 any recommendation made by the trial judge, the general
23 character and history of the prisoner and the written or
24 personal statement or testimony of the victim or the victim's
25 family submitted pursuant to section 22.1 of this act.
26 The board shall, in all cases, consider the recommendations
27 of the trial judge and of the district attorney and of each
28 warden or superintendent, as the case may be, who has had charge
29 of an applicant, each of whom is directed to submit to the board
30 his recommendation and the reasons therefor, with respect to
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1 each parole application.
2 Section 2. The amendment of section 19 of the act shall
3 apply to parole decisions made on or after the effective date of
4 this act.
5 Section 3. This act shall take effect in 60 days.
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