SENATE AMENDED
PRIOR PRINTER'S NOS. 2985, 3202, 4058 PRINTER'S NO. 4141
No. 2258 Session of 1998
INTRODUCED BY GANNON, CLARK, BARRAR, WOGAN, LEDERER,
C. WILLIAMS, MASLAND, FARGO, BELFANTI, GEIST, STEVENSON,
TIGUE, HERMAN, HENNESSEY, DALLY, L. I. COHEN, CALTAGIRONE,
KENNEY, ROSS, COY, M. COHEN, McCALL, BENNINGHOFF, FEESE,
SAYLOR, E. Z. TAYLOR, BROWNE, BOSCOLA, STEELMAN, HALUSKA,
BIRMELIN, CHADWICK, O'BRIEN, ORIE, REBER, SCHULER, J. TAYLOR,
SEYFERT, MAHER, MILLER, RAMOS, PIPPY, GODSHALL, TRUE, PLATTS,
LEH, SERAFINI, EGOLF, FLEAGLE, MAITLAND, BUTKOVITZ, TRELLO,
STRITTMATTER, MELIO, RUBLEY, BAKER, McNAUGHTON, SCHRODER AND
MARSICO, FEBRUARY 17, 1998
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 17, 1998
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 supervision of persons
18 paroled in other states.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 33 of the act of August 6, 1941 (P.L.861,
1 No.323), referred to as the Pennsylvania Board of Probation and
2 Parole Law, amended December 18, 1996 (P.L.1098, No.164), is
3 amended to read:
4 Section 33. (a) In compliance with the Federal Interstate
5 Compact Laws[, the Parole Board] and the provisions of this
6 section, the Pennsylvania Board of Probation and Parole is
7 authorized to supervise persons paroled by other states and now
8 residing in Pennsylvania, where such other states agree to
9 perform similar services for the Pennsylvania Board of Probation
10 and Parole.
11 (b) Additionally, the [Parole Board] Pennsylvania Board of
12 Probation and Parole is authorized to relinquish jurisdiction
13 over a parolee to the proper Federal authorities where the
14 parolee is placed into the [Federal] Witness Protection
15 Program[.] of the United States Department of Justice.
16 (c) The provisions of this section shall apply only to those
17 persons under the supervision of the Pennsylvania Board of
18 Probation and Parole.
19 (d) The contracting state must adhere to Pennsylvania's laws
20 regarding the Interstate Compact, which are as follows:
21 (1) The contracting state solemnly agrees that it is
22 competent for the duly constituted judicial and administrative
23 authorities of a state party to the compact, referred to as this
24 "sending state," to permit any person convicted of an offense
25 within such state and placed on probation or released on parole
26 to reside in any other state, referred to as the "receiving
27 state," while on probation or parole, if:
28 (i) A confirmed offer of viable employment or other
29 verifiable means of support exists.
30 (ii) A residence approved by the sending state shall be
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1 available.
2 (2) The following information must be made available to the
3 receiving state from the sending state, at the time the
4 application for acceptance to the receiving state shall be
5 filed:
6 (i) Institutional adjustment information on parolees or
7 probationers.
8 (ii) Current supervision history on parolees or
9 probationers.
10 (iii) A psychological report or psychological update,
11 completed no more than one year prior to the receiving state's
12 consideration for persons convicted of a violent offense.
13 (iv) The following information must be made available to the
14 receiving state for those cases defined as a sexual offense:
15 (A) A summary of any type of treatment received and dates of
16 completion.
17 (B) A description of behavioral characteristics that may
18 have contributed to the parolee or probationer's conduct.
19 (3) Any parolee or probationer convicted of a sexual offense
20 shall be required to:
21 (i) Submit to mandatory registration and public notification
22 of all current addresses with the Pennsylvania State Police.
23 (ii) Provide a signed copy of the "Pennsylvania State Police
24 Sexual Offender Registration Notification" form and the
25 "Pennsylvania State Police Sexual Offender Registration" form to
26 the receiving state.
27 (iii) Provide a signed copy of "Addendum to Application for
28 Compact Services/Agreement to Return" form to the receiving
29 state.
30 (4) Except as hereafter provided, the receiving state shall
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1 not consider the acceptance of supervision if the parolee is
2 already physically present in this state. Investigation and
3 consideration of a case shall occur only after the parolee
4 returns to the sending state and proper application is filed.
5 The receiving state may consider the acceptance of supervision
6 if the probationer is already physically present in this state,
7 where the probationer has established domicile in the receiving
8 state before adjudication on the criminal offense.
9 (5) Electronic monitoring, other special conditions, or
10 both, of supervision shall be imposed as deemed necessary by the
11 receiving state.
12 (6) At the request of the receiving state, the sending state
13 shall agree to retake the parolee or probationer if that
14 individual violates any condition of probation or parole.
15 (e) For purposes of this section the term:
16 "Sexual offense" means:
17 (1) Any of the following or equivalent offense that is
18 classified as a felony and involves a victim who is a minor:
19 18 Pa.C.S. § 2901 (relating to kidnapping).
20 18 Pa.C.S. § 5902(a) (relating to prostitution and related
21 offenses).
22 18 Pa.C.S. § 5903 (a)(3), (4), (5) or (6) (relating to
23 obscene or other sexual materials and performances).
24 (2) Any of the following or equivalent offense that is
25 classified as a felony and involves a victim who is younger than
26 13 years of age:
27 18 Pa.C.S. § 3126 (relating to indecent assault).
28 (3) Any of the following or equivalent offense, regardless
29 of the victim's age:
30 18 Pa.C.S. § 3121 (relating to rape).
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1 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
2 intercourse).
3 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
4 "Violent offense" means:
5 (1) Any of the following or equivalent offense:
6 18 Pa.C.S. § 901 (relating to criminal attempt). <--
7 18 Pa.C.S. § 902 (relating to criminal solicitation).
8 18 Pa.C.S. § 903 (relating to criminal conspiracy).
9 18 Pa.C.S. § 2502 (relating to murder).
10 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
11 18 Pa.C.S. § 2702 (relating to aggravated assault).
12 18 Pa.C.S. § 2703 (relating to assault by prisoner).
13 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
14 18 Pa.C.S. § 3301 (relating to arson and related offenses).
15 18 Pa.C.S. § 3502 (relating to burglary).
16 18 Pa.C.S. §3701 (relating to robbery).
17 (2) Any equivalent offense relating to kidnapping.
18 18 PA.C.S. § 2502 (RELATING TO MURDER). <--
19 18 PA.C.S. § 2503 (RELATING TO VOLUNTARY MANSLAUGHTER).
20 18 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT).
21 18 PA.C.S. § 2703 (RELATING TO ASSAULT BY PRISONER).
22 18 PA.C.S. § 2704 (RELATING TO ASSAULT BY LIFE PRISONER).
23 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE VICTIM
24 IS A MINOR.
25 18 PA.C.S. § 3121 (RELATING TO RAPE).
26 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
27 INTERCOURSE).
28 18 PA.C.S. § 3301 (RELATING TO ARSON AND RELATED OFFENSES).
29 18 PA.C.S. § 3502 (RELATING TO BURGLARY).
30 18 PA.C.S. §3701 (RELATING TO ROBBERY).
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1 18 PA.C.S. § 3923 (RELATING TO THEFT BY EXTORTION) WHERE A
2 THREAT OF VIOLENCE IS MADE.
3 (2) A CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL
4 CONSPIRACY TO COMMIT ANY OFFENSES SET FORTH IN THIS CLAUSE.
5 "Other verifiable means of support" includes, but is not
6 limited to, support by parent, grandparent, sibling, spouse or
7 adult child. The term does not include public assistance.
8 Section 4 2. This act shall take effect in 60 days. <--
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