PRINTER'S NO. 668
No. 636 Session of 1997
INTRODUCED BY GREENLEAF, O'PAKE, HECKLER, COSTA, SCHWARTZ AND
WHITE, MARCH 7, 1997
REFERRED TO JUDICIARY, MARCH 7, 1997
AN ACT
1 Amending the act of December 19, 1990 (P.L.799, No.193),
2 entitled "An act providing for county intermediate punishment
3 programs; and conferring powers and duties on the
4 Pennsylvania Commission on Crime and Delinquency and the
5 Pennsylvania Commission on Sentencing," changing definitions;
6 further providing for county intermediate punishment
7 programs; providing for advice to county prison boards;
8 further providing for county intermediate punishment plans
9 and for regulations of the Pennsylvania Commission on Crime
10 and Delinquency; and further providing for use of funds, for
11 application of the act to certain grants and for construction
12 of the act.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 2 and 4 of the act of December 19, 1990
16 (P.L.799, No.193), known as the County Intermediate Punishment
17 Act, are amended to read:
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Board." A county prison board, in counties of the first and
1 second class, the Criminal Justice Coordinating Commission or
2 its successor agency.
3 "Commission." The Pennsylvania Commission on Crime and
4 Delinquency.
5 "County intermediate punishment plan." A document which
6 describes a proposed intermediate punishment program.
7 "County intermediate punishment program." A residential or
8 nonresidential program provided in a community for eligible
9 offenders.
10 "Court." The trial judge exercising sentencing jurisdiction
11 over an eligible offender under this act. Trial judge may
12 include a district justice if use of intermediate punishment
13 programs by the minor judiciary is approved by the court of
14 common pleas via administrative order or local rule.
15 "Eligible offender." A person convicted of an offense who
16 would otherwise be sentenced to a [county correctional facility]
17 maximum period of confinement of less than 24 months, who does
18 not demonstrate a present or past pattern of violent behavior
19 and who would otherwise be sentenced to partial confinement
20 pursuant to 42 Pa.C.S. § 9724 (relating to partial confinement)
21 or total confinement pursuant to 42 Pa.C.S. § 9725 (relating to
22 total confinement). [The term does not include any offender
23 convicted of murder, voluntary manslaughter, rape, statutory
24 rape, aggravated assault, robbery, burglary of the first degree
25 as provided in 18 Pa.C.S. § 3502 (relating to burglary),
26 involuntary deviate sexual intercourse, arson, extortion
27 accompanied by threats of violence, assault by prisoner, assault
28 by life prisoner, kidnapping, aggravated indecent assault or
29 escape or a violation of 18 Pa.C.S. § 7508 (relating to drug
30 trafficking sentencing and penalties).]
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1 "Nonprofit agency." A not-for-profit human service
2 organization which provides treatment, guidance, counseling,
3 training or rehabilitation services to individuals, families or
4 groups.
5 Section 4. County intermediate punishment [program] programs.
6 (a) Description.--County intermediate punishment program
7 options include [all of] the following:
8 [(1) Noncustodial programs which involve close
9 supervision, but not housing, of the offender in a facility,
10 including, but not limited to:
11 (i) Intensive probation supervision.
12 (ii) Victim restitution or mediation.
13 (iii) Alcohol or drug outpatient treatment.
14 (iv) House arrest and electronic monitoring.
15 (v) Psychiatric counseling.
16 (vi) Community service.
17 (2) Residential inpatient drug and alcohol programs
18 based on objective assessments that an offender is dependent
19 on alcohol or drugs or a residential rehabilitative center.
20 (3) Individualized services which evaluate and treat
21 offenders, including psychological and medical services,
22 education, vocational training, drug and alcohol screening
23 and counseling, individual and family counseling and
24 transportation subsidies.
25 (4) Partial confinement programs, such as work release,
26 work camps and halfway facilities.]
27 (1) Restrictive intermediate punishments providing for
28 the strict supervision of the offender including programs
29 that either:
30 (i) house the offender full or part time;
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1 (ii) significantly restrict the offender's movement
2 and monitor the offender's compliance with the program;
3 or
4 (iii) involve a combination of programs that meet
5 the standards set forth under clauses (i) and (ii).
6 (2) When utilized in combination with restrictive
7 intermediate punishments, restorative sanctions providing for
8 nonconfinement sentencing options that:
9 (i) are the least restrictive in terms of the
10 constraint of the offender's liberties;
11 (ii) do not involve the housing of the offender,
12 either full or part time; and
13 (iii) focus on restoring the victim to pre-offense
14 status.
15 (b) Eligibility.--
16 (1) No person other than the eligible offender shall be
17 sentenced to a county intermediate punishment program.
18 (2) The Pennsylvania Commission on Sentencing shall
19 employ the definition of "eligible offender" under section 2
20 to further identify offenders who would be appropriate for
21 participation in county intermediate punishment programs. In
22 developing the guidelines, the commission shall give primary
23 consideration to protection of the public safety.
24 (3) Any person receiving a penalty imposed pursuant to
25 75 Pa.C.S. § 1543(b) (relating to driving while operating
26 privilege is suspended or revoked) or 3731(e) (relating to
27 driving under influence of alcohol or a controlled substance)
28 may only be sentenced to intermediate punishment program in:
29 (i) a residential inpatient program or a residential
30 rehabilitative center; [or]
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1 (ii) house arrest [or] and electronic surveillance
2 combined with drug and alcohol treatment[.]; or
3 (iii) partial confinement programs, such as work
4 release, work camps and halfway facilities.
5 Section 2. Section 5 of the act is amended by adding a
6 subsection to read:
7 Section 5. Boards.
8 * * *
9 (e) Advice to board.--When developing the county
10 intermediate punishment plan, the board shall consult with
11 county criminal justice and related human service providers, as
12 well as the public.
13 (1) At a minimum, the following shall be consulted for
14 the purpose of developing the plan:
15 (i) Court of common pleas.
16 (ii) Board of county commissioners.
17 (iii) Intermediate Punishment Office.
18 (iv) Adult Probation and Parole Office.
19 (v) County jail.
20 (vi) District attorney.
21 (vii) Public defender or defense bar.
22 (viii) Single county authority.
23 (ix) Mental Health/Mental Retardation Office.
24 (x) Citizen input.
25 (xi) Victim input.
26 (2) The board may elect one of the following methods to
27 solicit plan input from providers and the public:
28 (i) Expand the membership of the board, for purposes
29 of developing the county intermediate punishment plan, to
30 include those listed in paragraph (1).
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1 (ii) Appoint an Intermediate Punishment Advisory
2 Committee to include those listed in paragraph (1) to
3 undertake any duties assigned by the board.
4 (iii) Develop an alternate process approved by the
5 Pennsylvania Commission on Crime and Delinquency and
6 involving those listed in paragraph (1).
7 Section 3. Sections 6(a), 7(b), 8 and 9(a) of the act are
8 amended to read:
9 Section 6. County intermediate punishment plan.
10 (a) Requirement.--The board may develop a plan for the
11 implementation and operation of intermediate punishment programs
12 in the county. The plan shall provide for all of the following:
13 [(1) Training programs for the board and staff.
14 (2) Public information and education programs.
15 (3) Designation of an entity or county government office
16 with overall responsibility for supervision of fiscal affairs
17 of the program.
18 (4) Use of existing community agencies and organizations
19 whenever possible.
20 (5) A mechanism to advise the courts of the extent and
21 availability of services and programs provided under the
22 plan.
23 (6) All costs associated with the county intermediate
24 punishment program.
25 (7) For joint judicial districts, an agreement as to
26 each county's responsibilities.]
27 (1) An assessment of available countywide correctional
28 services and future needs.
29 (2) A review of current sentencing procedures and the
30 impact these procedures have on county correctional
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1 resources.
2 (3) A review of current alternatives to pretrial
3 detention and the potential these programs have for affecting
4 the jail population.
5 (4) A description of the existing resources in the
6 county which can be used as intermediate punishments or
7 services to offenders sentenced to intermediate punishment.
8 (5) The formulation of policy statements targeted to the
9 needs identified by the county and the impact these policies
10 will have on the use of confinement and intermediate
11 punishment.
12 (6) The development of goals and objectives which are
13 aimed at effective utilization of existing and projected
14 correctional resources.
15 (7) The development of an evaluation strategy which
16 measures the qualitative and quantitative performances of all
17 programs.
18 * * *
19 Section 7. Commission.
20 * * *
21 (b) Interim regulations.--Pending adoption and publication
22 of final rules and regulations, the commission shall have the
23 power and authority to suspend existing regulations and to
24 promulgate, adopt, publish and use interim regulations for the
25 implementation of this act for a period of one year immediately
26 following the effective date of the remainder of this act or
27 until the effective date of final rules and regulations,
28 whichever first occurs. Notwithstanding any other provision of
29 law to the contrary, the interim regulations proposed under the
30 authority of this section shall be subject to review by the
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1 general counsel and the Attorney General in the manner provided
2 for the review of proposed rules and regulations pursuant to the
3 act of October 15, 1980 (P.L.950, No.164), known as the
4 Commonwealth Attorneys Act, and shall not be subject to review
5 pursuant to the act of June 25, 1982 (P.L.633, No.181), known as
6 the Regulatory Review Act.
7 Section 8. Funding and audits.
8 (a) Eligibility.--Subject to the availability of funding,
9 counties [submitting] with approved plans [to the commission]
10 shall be eligible for direct funding [of 50% to 80% of the total
11 cost of the program as] determined by the commission to support
12 the cost of intermediate punishment programs. This act shall not
13 prohibit the use of Federal funds.
14 (b) Audit.--Annual reports and all financial records shall
15 be subject to annual audit by the Auditor General.
16 [(c) Funding.-- Funding under this act shall be reviewed on
17 an annual basis. Funding shall be granted on the basis of local
18 need, the quality of the county intermediate punishment program,
19 consideration of whether the plan is consistent with the goals
20 of this act, the extent of the county served and funding
21 availability. Funding shall be made in a manner to provide the
22 equal geographic development of county intermediate punishment
23 programs. In addition, the commission shall consider the
24 following criteria pertaining to the jurisdiction in question:
25 (1) Number of nonviolent commitments to the county
26 correctional facilities.
27 (2) Population and existing conditions at the county
28 correctional institution.
29 (3) Population of the county and percentage of
30 population between 18 and 29 years of age.
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1 (4) Sufficient local service capability to support the
2 community corrections programs.
3 (5) Demonstrated involvement and support of the
4 judiciary, criminal justice and correctional officials and
5 local government.]
6 Section 9. Prohibitions.
7 (a) General rule.--Recipients may not use funds granted
8 under this act to supplant existing funds from the State or
9 local government for existing correctional programs or for the
10 construction, renovation or operation of a State, county or
11 municipal incarceration facility [except as provided by section
12 714 of the act of July 1, 1990 (P.L.315, No.71), known as the
13 Prison Facilities Improvement Act].
14 * * *
15 Section 4. Sections 11 and 12 of the act are repealed.
16 Section 5. Sections 13, 14 and 15 of the act are amended to
17 read:
18 Section [13] 11. Nonapplication of certain provisions.
19 The provisions of the act of July 12, 1972 (P.L.762, No.180),
20 referred to as the Intergovernmental Cooperation Law, shall not
21 apply to counties which jointly submit a plan under the
22 provisions of this act.
23 Section [14] 12. Construction of act.
24 Nothing in this act shall create an enforceable right in any
25 person to participate in an intermediate punishment program in
26 lieu of incarceration. Nothing in this act shall require any
27 county to appropriate funds for the implementation of an
28 intermediate punishment program except as may be necessary to
29 qualify for funds under this act [or under the act of July 1,
30 1990 (P.L.315, No.71), known as the Prison Facilities
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1 Improvement Act].
2 Section [15] 13. Effective date.
3 This act shall take effect immediately.
4 Section 6. This act shall take effect immediately.
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