PRINTER'S NO. 935
No. 835 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, WHITE, BOSCOLA, SALVATORE AND
SCHWARTZ, APRIL 26, 1999
REFERRED TO JUDICIARY, APRIL 26, 1999
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] Subject to 42 Pa.C.S. § 9729
16 (relating to intermediate punishment), a person convicted of an
17 offense who would otherwise be sentenced to a [county
18 correctional facility] maximum period of confinement of less
19 than 24 months, who does not demonstrate a present or past
20 pattern of violent behavior and who would otherwise be sentenced
21 to partial confinement pursuant to 42 Pa.C.S. § 9724 (relating
22 to partial confinement) or total confinement pursuant to 42
23 Pa.C.S. § 9725 (relating to total confinement). [The term does
24 not include any offender convicted of murder, voluntary
25 manslaughter, rape, statutory rape, aggravated assault, robbery,
26 burglary of the first degree as provided in 18 Pa.C.S. § 3502
27 (relating to burglary), involuntary deviate sexual intercourse,
28 arson, extortion accompanied by threats of violence, assault by
29 prisoner, assault by life prisoner, kidnapping, aggravated
30 indecent assault or escape or a violation of 18 Pa.C.S. § 7508
19990S0835B0935 - 2 -
1 (relating to drug trafficking sentencing and penalties).]
2 "Nonprofit agency." A not-for-profit human service
3 organization which provides treatment, guidance, counseling,
4 training or rehabilitation services to individuals, families or
5 groups.
6 Section 4. County intermediate punishment [program] programs.
7 (a) Description.--County intermediate punishment program
8 options include [all of] the following:
9 [(1) Noncustodial programs which involve close
10 supervision, but not housing, of the offender in a facility,
11 including, but not limited to:
12 (i) Intensive probation supervision.
13 (ii) Victim restitution or mediation.
14 (iii) Alcohol or drug outpatient treatment.
15 (iv) House arrest and electronic monitoring.
16 (v) Psychiatric counseling.
17 (vi) Community service.
18 (2) Residential inpatient drug and alcohol programs
19 based on objective assessments that an offender is dependent
20 on alcohol or drugs or a residential rehabilitative center.
21 (3) Individualized services which evaluate and treat
22 offenders, including psychological and medical services,
23 education, vocational training, drug and alcohol screening
24 and counseling, individual and family counseling and
25 transportation subsidies.
26 (4) Partial confinement programs, such as work release,
27 work camps and halfway facilities.]
28 (1) Restrictive intermediate punishments providing for
29 the strict supervision of the offender including programs
30 that either:
19990S0835B0935 - 3 -
1 (i) house the offender full or part time;
2 (ii) significantly restrict the offender's movement
3 and monitor the offender's compliance with the program;
4 or
5 (iii) involve a combination of programs that meet
6 the standards set forth under clauses (i) and (ii).
7 (2) When utilized in combination with restrictive
8 intermediate punishments, restorative sanctions providing for
9 nonconfinement sentencing options that:
10 (i) are the least restrictive in terms of the
11 constraint of the offender's liberties;
12 (ii) do not involve the housing of the offender,
13 either full or part time; and
14 (iii) focus on restoring the victim to pre-offense
15 status.
16 (b) Eligibility.--
17 (1) No person other than the eligible offender shall be
18 sentenced to a county intermediate punishment program.
19 (2) The Pennsylvania Commission on Sentencing shall
20 employ the definition of "eligible offender" under section 2
21 to further identify offenders who would be appropriate for
22 participation in county intermediate punishment programs. In
23 developing the guidelines, the commission shall give primary
24 consideration to protection of the public safety.
25 (3) Any person receiving a penalty imposed pursuant to
26 75 Pa.C.S. § 1543(b) (relating to driving while operating
27 privilege is suspended or revoked) or 3731(e) (relating to
28 driving under influence of alcohol or a controlled substance)
29 may only be sentenced to intermediate punishment program in:
30 (i) a residential inpatient program or a residential
19990S0835B0935 - 4 -
1 rehabilitative center; [or]
2 (ii) house arrest [or] and electronic surveillance
3 combined with drug and alcohol treatment[.]; or
4 (iii) partial confinement programs, such as work
5 release, work camps and halfway facilities.
6 Section 2. Section 5 of the act is amended by adding a
7 subsection to read:
8 Section 5. Boards.
9 * * *
10 (e) Advice to board.--When developing the county
11 intermediate punishment plan, the board shall consult with
12 county criminal justice and related human service providers, as
13 well as the public.
14 (1) At a minimum, the following shall be consulted for
15 the purpose of developing the plan:
16 (i) Court of common pleas.
17 (ii) Board of county commissioners.
18 (iii) Intermediate Punishment Office.
19 (iv) Adult Probation and Parole Office.
20 (v) County jail.
21 (vi) District attorney.
22 (vii) Public defender or defense bar.
23 (viii) Single county authority.
24 (ix) Mental Health/Mental Retardation Office.
25 (x) Citizen input.
26 (xi) Victim input.
27 (2) The board may elect one of the following methods to
28 solicit plan input from providers and the public:
29 (i) Expand the membership of the board, for purposes
30 of developing the county intermediate punishment plan, to
19990S0835B0935 - 5 -
1 include those listed in paragraph (1).
2 (ii) Appoint an Intermediate Punishment Advisory
3 Committee to include those listed in paragraph (1) to
4 undertake any duties assigned by the board.
5 (iii) Develop an alternate process approved by the
6 Pennsylvania Commission on Crime and Delinquency and
7 involving those listed in paragraph (1).
8 Section 3. Sections 6(a), 7(b), 8 and 9(a) of the act are
9 amended to read:
10 Section 6. County intermediate punishment plan.
11 (a) Requirement.--The board may develop a plan for the
12 implementation and operation of intermediate punishment programs
13 in the county. The plan shall provide for all of the following:
14 [(1) Training programs for the board and staff.
15 (2) Public information and education programs.
16 (3) Designation of an entity or county government office
17 with overall responsibility for supervision of fiscal affairs
18 of the program.
19 (4) Use of existing community agencies and organizations
20 whenever possible.
21 (5) A mechanism to advise the courts of the extent and
22 availability of services and programs provided under the
23 plan.
24 (6) All costs associated with the county intermediate
25 punishment program.
26 (7) For joint judicial districts, an agreement as to
27 each county's responsibilities.]
28 (1) An assessment of available countywide correctional
29 services and future needs.
30 (2) A review of current sentencing procedures and the
19990S0835B0935 - 6 -
1 impact these procedures have on county correctional
2 resources.
3 (3) A review of current alternatives to pretrial
4 detention and the potential these programs have for affecting
5 the jail population.
6 (4) A description of the existing resources in the
7 county which can be used as intermediate punishments or
8 services to offenders sentenced to intermediate punishment.
9 (5) The formulation of policy statements targeted to the
10 needs identified by the county and the impact these policies
11 will have on the use of confinement and intermediate
12 punishment.
13 (6) The development of goals and objectives which are
14 aimed at effective utilization of existing and projected
15 correctional resources.
16 (7) The development of an evaluation strategy which
17 measures the qualitative and quantitative performances of all
18 programs.
19 * * *
20 Section 7. Commission.
21 * * *
22 (b) Interim regulations.--Pending adoption and publication
23 of final rules and regulations, the commission shall have the
24 power and authority to suspend existing regulations and to
25 promulgate, adopt, publish and use interim regulations for the
26 implementation of this act for a period of one year immediately
27 following the effective date of the remainder of this act or
28 until the effective date of final rules and regulations,
29 whichever first occurs. Notwithstanding any other provision of
30 law to the contrary, the interim regulations proposed under the
19990S0835B0935 - 7 -
1 authority of this section shall be subject to review by the
2 general counsel and the Attorney General in the manner provided
3 for the review of proposed rules and regulations pursuant to the
4 act of October 15, 1980 (P.L.950, No.164), known as the
5 Commonwealth Attorneys Act, and shall not be subject to review
6 pursuant to the act of June 25, 1982 (P.L.633, No.181), known as
7 the Regulatory Review Act.
8 Section 8. Funding and audits.
9 (a) Eligibility.--Subject to the availability of funding,
10 counties [submitting] with approved plans [to the commission]
11 shall be eligible for direct funding [of 50% to 80% of the total
12 cost of the program as] determined by the commission to support
13 the cost of intermediate punishment programs. This act shall not
14 prohibit the use of Federal funds.
15 (b) Audit.--Annual reports and all financial records shall
16 be subject to annual audit by the Auditor General.
17 [(c) Funding.-- Funding under this act shall be reviewed on
18 an annual basis. Funding shall be granted on the basis of local
19 need, the quality of the county intermediate punishment program,
20 consideration of whether the plan is consistent with the goals
21 of this act, the extent of the county served and funding
22 availability. Funding shall be made in a manner to provide the
23 equal geographic development of county intermediate punishment
24 programs. In addition, the commission shall consider the
25 following criteria pertaining to the jurisdiction in question:
26 (1) Number of nonviolent commitments to the county
27 correctional facilities.
28 (2) Population and existing conditions at the county
29 correctional institution.
30 (3) Population of the county and percentage of
19990S0835B0935 - 8 -
1 population between 18 and 29 years of age.
2 (4) Sufficient local service capability to support the
3 community corrections programs.
4 (5) Demonstrated involvement and support of the
5 judiciary, criminal justice and correctional officials and
6 local government.]
7 Section 9. Prohibitions.
8 (a) General rule.--Recipients may not use funds granted
9 under this act to supplant existing funds from the State or
10 local government for existing correctional programs or for the
11 construction, renovation or operation of a State, county or
12 municipal incarceration facility [except as provided by section
13 714 of the act of July 1, 1990 (P.L.315, No.71), known as the
14 Prison Facilities Improvement Act].
15 * * *
16 Section 4. Sections 11 and 12 of the act are repealed.
17 Section 5. Section 14 of the act is amended to read:
18 Section [14] 12. Construction of act.
19 Nothing in this act shall create an enforceable right in any
20 person to participate in an intermediate punishment program in
21 lieu of incarceration. Nothing in this act shall require any
22 county to appropriate funds for the implementation of an
23 intermediate punishment program except as may be necessary to
24 qualify for funds under this act [or under the act of July 1,
25 1990 (P.L.315, No.71), known as the Prison Facilities
26 Improvement Act].
27 Section 6. This act shall take effect immediately.
C30L44DMS/19990S0835B0935 - 9 -