PRINTER'S NO. 944
No. 841 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, WAGNER, SALVATORE AND SCHWARTZ,
APRIL 27, 1999
REFERRED TO JUDICIARY, APRIL 27, 1999
AN ACT
1 Establishing intermediate punishment programs for eligible
2 criminal offenders; providing for the duties of the
3 Pennsylvania Board of Probation and Parole, judges and
4 district attorneys; and making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the State
9 Intermediate Punishment Act.
10 Section 2. Purpose.
11 Intermediate punishment shall have the following purposes:
12 (1) To reduce the number of offenders serving State
13 prison sentences by permitting them to be assigned to an
14 intermediate form of punishment.
15 (2) To identify offenders who are of minimal risk to the
16 community who will benefit from the personalized services of
17 an intermediate punishment program.
18 (3) To improve utilization of corrections resources.
1 (4) To reserve limited prison space for those offenders
2 who have committed violent offenses or who are otherwise a
3 threat to society.
4 (5) To reduce recidivism by promoting responsibility,
5 structure, discipline and good citizenship.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Board." The Pennsylvania Board of Probation and Parole.
11 "Court." The trial judge exercising sentencing jurisdiction
12 over an eligible offender under this act.
13 "Eligible offender." Subject to 42 Pa.C.S. § 9729.1
14 (relating to State intermediate punishment), a person convicted
15 of a nonviolent offense who would otherwise be sentenced to a
16 State correctional facility, who does not demonstrate a present
17 or past pattern of violent behavior and who would otherwise be
18 sentenced to partial confinement under 42 Pa.C.S. § 9724
19 (relating to partial confinement) or to total confinement under
20 42 Pa.C.S. § 9725 (relating to total confinement).
21 "State parole agent." An employee of the Pennsylvania Board
22 of Probation and Parole who shall coordinate the activities of
23 the Pennsylvania Board of Probation and Parole regarding
24 intermediate punishment, including programming, recommendations
25 for participation and communication with the court and the
26 public.
27 Section 4. Sentencing court.
28 At the time of sentencing, the court shall employ the
29 sentencing guidelines to identify those defendants who are
30 eligible for participation in an intermediate punishment
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1 program. The judge shall note on the sentencing order whether
2 the defendant has been identified as eligible for participation
3 in a State intermediate punishment program. A defendant who has
4 been identified by a judge as eligible to participate in a State
5 intermediate punishment program shall be ordered by the judge to
6 first serve a period of incarceration of not less than 90 days
7 in a State correctional facility before the defendant may be
8 approved to participate in an intermediate punishment program.
9 Section 5. Intermediate punishment program.
10 (a) Description.--An intermediate punishment program may
11 include, but not be limited to, the following:
12 (1) Intensive supervision with electronic monitoring.
13 (2) Residential inpatient treatment.
14 (3) Day reporting centers.
15 (4) Halfway houses and restitution centers.
16 (5) Work release.
17 (b) Eligibility.--No person other than an eligible offender
18 may participate in an intermediate punishment program.
19 Section 6. Board review.
20 (a) Interview.--Thirty days before the end of the period of
21 incarceration ordered by the judge under section 4, a State
22 parole agent shall interview each offender whom the court has
23 ordered to be eligible for participation in a State intermediate
24 punishment program to gather information which shall include,
25 but not be limited to, the following:
26 (1) Biographical data.
27 (2) Prior criminal record, presentencing reports and
28 institutional records.
29 (3) Problem areas, to include social, financial,
30 educational, legal and health problems, including drug or
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1 alcohol abuse.
2 (4) Goals of the inmate if admitted to an intermediate
3 punishment program.
4 (5) Individuals in the community who could assist the
5 offender in successfully completing the program.
6 (6) The type of intermediate punishment program which
7 would be appropriate for the offender.
8 (b) Related information.--The State parole agent shall
9 obtain additional information from the prosecutor, sentencing
10 judge and victim as well as all institutional and court records.
11 The State parole agent shall verify all information provided.
12 (c) Department of Corrections.--The department shall provide
13 any relevant information to the State parole agent and make a
14 recommendation to the State parole agent on whether the offender
15 should be approved for participation in a State intermediate
16 punishment program.
17 (d) Recommendation to board.--If the State parole agent
18 determines that the offender is eligible and would be a
19 successful participant in an intermediate punishment program,
20 the State parole agent shall develop an intermediate punishment
21 plan based on the type of program which will best meet the
22 offender's needs. The plan and all related materials shall be
23 submitted to the board.
24 (e) Review.--In making a final determination regarding a
25 recommendation for participation in a State intermediate
26 punishment program, the board shall consider all of the
27 following:
28 (1) Circumstances of the instant offense, including
29 whether any act of violence occurred with the commission of
30 the offense.
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1 (2) Any part in organized criminal activity or in a
2 continuing criminal business or enterprise.
3 (3) Mitigating and aggravating circumstances of the
4 offense.
5 (4) Any indication of potential violent behavior.
6 (5) The applicant's prior criminal record.
7 (6) The feasibility of the applicant's proposed plan.
8 Section 7. Approval.
9 (a) Notification.--The board shall notify the judge,
10 district attorney and victim of the board's approval of the
11 offender for participation. The board shall provide them with a
12 copy of the intermediate punishment plan developed for the
13 offender.
14 (b) Conditions.--The State parole agent may impose
15 conditions and obligations upon participation.
16 (c) Certification.--The State parole agent may not recommend
17 the offender for participation unless the board certifies that
18 space is available in the appropriate program.
19 Section 8. Program participation.
20 (a) Review.--
21 (1) The State parole agent shall review the placement at
22 least every six months.
23 (2) The State parole agent shall notify the board of any
24 violations of rules or conditions of participation and make
25 recommendations regarding continued participation as deemed
26 appropriate.
27 (b) Technical violations.--Technical violations shall be
28 reported to the board. The board may order the offender to a
29 more restrictive intermediate punishment program if space is
30 available, revoke the program or apply any other sanction deemed
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1 appropriate.
2 (c) Revocation.--
3 (1) The board may at any time revoke participation in
4 the program for failure to comply with the intermediate
5 punishment plan or any conditions of participation. An arrest
6 for any new offense shall result in the immediate suspension
7 of program participation. Conviction of a new offense shall
8 render the applicant ineligible for future participation.
9 (2) An offender whose sentence to intermediate
10 punishment is revoked shall serve the balance of the minimum
11 sentence received prior to being accepted into a State
12 intermediate punishment program and shall be subject to any
13 parole review to which the offender would have been subject
14 had the offender not been admitted to the intermediate
15 punishment program.
16 (d) Completion.--No inmate who successfully completes the
17 intermediate punishment program shall be subject to review by
18 the board prior to release.
19 Section 9. Duties of board.
20 The board shall:
21 (1) Appoint State parole agents to administer the State
22 intermediate punishment program.
23 (2) Provide the judiciary with information regarding
24 intermediate punishment programs.
25 (3) Develop contact with individuals and organizations
26 within the community who can assist the inmate in the
27 successful completion of the program.
28 (4) Provide staff support to the State parole agents.
29 (5) Enter into contracts for the provision of services
30 required to operate intermediate punishment programs.
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1 (6) Promulgate rules and regulations for the
2 establishment of one or more intermediate punishment programs
3 based on available resources. The regulations shall include,
4 but not be limited to, programming, supervision,
5 administration, number of daily contacts with participants,
6 treatment standards, personnel, training and penalties for
7 violation of plans or conditions of participation.
8 (7) Report annually to the Judiciary Committee of the
9 Senate and the Judiciary Committee of the House of
10 Representatives on the operation of intermediate punishment
11 programs.
12 (8) Develop a public information program.
13 Section 10. Pennsylvania Commission on Sentencing.
14 The Pennsylvania Commission on Sentencing shall employ the
15 definition of "eligible offender" set forth in section 3 to
16 identify inmates who would be eligible for participation in
17 intermediate punishment programs within the sentencing
18 guidelines.
19 Section 11. Privilege.
20 Participation in intermediate punishment programs shall be a
21 privilege. Nothing in this act shall be construed to confer any
22 right to participate in such programs.
23 Section 12. Appeals.
24 Nothing in this act shall be construed to enlarge or limit
25 the right of an inmate to appeal that inmate's sentence.
26 Section 13. Appropriation.
27 The sum of $2,000,000 is hereby appropriated to the
28 Pennsylvania Board of Probation and Parole for the fiscal year
29 July 1, 2000, to June 30, 2001, to carry out the provisions of
30 this act.
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1 Section 14. Effective date.
2 This act shall take effect as follows:
3 (1) Sections 9 and 10 and this section shall take effect
4 immediately.
5 (2) The remainder of this act shall take effect July 1,
6 2000, or immediately, whichever is later.
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