PRINTER'S NO. 1380
No. 1099 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, HELFRICK, KUKOVICH,
O'PAKE, ERICKSON, THOMPSON AND STACK, OCTOBER 9, 2001
REFERRED TO JUDICIARY, OCTOBER 9, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for State
3 intermediate punishment.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2154.1 and 9763(a) of Title 42 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2154.1. Adoption of guidelines for intermediate punishment.
9 The commission shall adopt guidelines to identify offenders
10 who would be eligible and appropriate for participation in
11 intermediate punishment programs. These guidelines shall be
12 considered by the sentencing court in determining whether to
13 sentence an offender pursuant to section 9763 (relating to
14 sentence of intermediate punishment). The guidelines shall:
15 (1) Use the [description] descriptions of "eligible
16 offender" provided in [section 9729 (relating to intermediate
17 punishment)] sections 9802 (relating to definitions) and 9902
18 (relating to definitions).
1 (2) Give primary consideration to protection of the
2 public safety.
3 § 9763. Sentence of intermediate punishment.
4 (a) General rule.--In imposing a sentence of intermediate
5 punishment, the court shall specify at the time of sentencing
6 the length of the term for which the defendant is to be in an
7 intermediate punishment program established under Chapter 98
8 (relating to county intermediate punishment) or Chapter 99
9 (relating to State intermediate punishment) or a combination of
10 intermediate punishment programs. The term may not exceed the
11 maximum term for which the defendant could be confined and the
12 program to which the defendant is sentenced. The court may order
13 a defendant to serve a portion of the sentence under section
14 9755 (relating to sentence of partial confinement) or 9756
15 (relating to sentence of total confinement) and to serve a
16 portion in an intermediate punishment program or a combination
17 of intermediate punishment programs.
18 * * *
19 Section 2. Title 42 is amended by adding a chapter to read:
20 CHAPTER 99
21 STATE INTERMEDIATE PUNISHMENT
22 Sec.
23 9901. Short title of chapter.
24 9902. Definitions.
25 9903. Purpose.
26 9904. State intermediate punishment program.
27 9905. Program participation.
28 9906. Duties of department.
29 9907. Pennsylvania Commission on Sentencing.
30 9908. Privilege.
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1 9909. Appeals.
2 § 9901. Short title of chapter.
3 This chapter shall be known and may be cited as the State
4 Intermediate Punishment Act.
5 § 9902. Definitions.
6 The following words and phrases when used in this chapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Court." The trial judge exercising sentencing jurisdiction
10 over an eligible offender under this chapter.
11 "Department." The Department of Corrections of the
12 Commonwealth.
13 "Eligible offender." Subject to section 9721(a.1) (relating
14 to sentencing generally), a person convicted of an offense who
15 would otherwise be sentenced to a State correctional facility,
16 who does not demonstrate a present or past pattern of violent
17 behavior and who would otherwise be sentenced to partial
18 confinement pursuant to section 9724 (relating to partial
19 confinement) or total confinement pursuant to section 9725
20 (relating to total confinement). The term does not include an
21 offender convicted of any of the following offenses:
22 18 Pa.C.S. § 2502 (relating to murder).
23 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
24 18 Pa.C.S. § 2702 (relating to aggravated assault.
25 18 Pa.C.S. § 2703 (relating to assault by prisoner).
26 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
27 18 Pa.C.S. § 2901 (relating to kidnapping).
28 18 Pa.C.S. § 3121 (relating to rape).
29 18 Pa.C.S. § 3122.1 (relating to statutory sexual
30 assault).
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1 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
2 intercourse).
3 18 Pa.C.S. § 3124.1 (relating to sexual assault).
4 18 Pa.C.S. § 3125 (relating to aggravated indecent
5 assault).
6 18 Pa.C.S. § 3126 (relating to indecent assault).
7 18 Pa.C.S. § 3301 (relating to arson and related
8 offenses).
9 18 Pa.C.S. § 3502 (relating to burglary) when graded as a
10 felony of the first degree.
11 18 Pa.C.S. § 3701 (relating to robbery).
12 18 Pa.C.S. § 3923 (relating to theft by extortion).
13 18 Pa.C.S. § 4302 (relating to incest).
14 18 Pa.C.S. § 5121 (relating to escape).
15 § 9903. Purpose.
16 State intermediate punishment shall have the following
17 purposes:
18 (1) To protect society and promote efficiency and
19 economy in the delivery of State corrections services.
20 (2) To identify offenders who are of minimal risk to the
21 community who will benefit from the personalized services of
22 a State intermediate punishment program.
23 (3) To reserve limited prison space in State prisons for
24 those offenders who have committed violent offenses or who
25 are otherwise a threat to society.
26 § 9904. State intermediate punishment program.
27 (a) Description.--A State intermediate punishment program
28 may include, but not be limited to, the following:
29 (1) Restrictive intermediate punishments providing for
30 the strict supervision of the offender including programs
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1 that:
2 (i) house the offender full or part time;
3 (ii) significantly restrict the offender's movement
4 and monitor the offender's compliance with the program;
5 or
6 (iii) involve a combination of programs that meet
7 the standards set forth under subparagraphs (i) and (ii).
8 (2) When utilized in combination with restrictive
9 intermediate punishments, restorative sanctions providing for
10 nonconfinement sentencing options that:
11 (i) Are the least restrictive in terms of the
12 constraint of the offender's liberties.
13 (ii) Do not involve the housing of the offender,
14 either full or part time.
15 (iii) Focus on restoring the victim to pre-offense
16 status.
17 (b) Eligibility.--
18 (1) No person other than the eligible offender may
19 participate in a State intermediate punishment program.
20 (2) The Pennsylvania Commission on Sentencing shall
21 employ the term "eligible offender" to further identify
22 offenders who would be appropriate for participation in State
23 intermediate punishment programs.
24 § 9905. Program participation.
25 (a) Availability of space.--Prior to sentencing an eligible
26 offender to a State intermediate punishment program pursuant to
27 section 9763 (relating to sentence of intermediate punishment),
28 the court shall request information from the department on the
29 availability of space in the intermediate punishment program.
30 The department shall notify the court whether space is available
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1 in the program. The court shall not sentence an eligible
2 offender to a State intermediate punishment program unless the
3 department indicates that space is available.
4 (b) Review.--The department shall regularly review the
5 placement of eligible offenders in State intermediate punishment
6 programs, shall notify the court if an eligible offender
7 violates a condition of participation imposed pursuant to
8 section 9763(b) and may recommend to the court whether
9 participation in the program should be continued.
10 (c) Completion.--No inmate who successfully completes a
11 State intermediate punishment program shall be subject to review
12 by the Pennsylvania Board of Probation and Parole.
13 § 9906. Duties of department.
14 The department shall:
15 (1) Identify and develop State intermediate punishment
16 programs, including, but not limited to, intensive
17 supervision with electronic monitoring, residential inpatient
18 treatment, day reporting centers, halfway houses and
19 restitution centers and work release.
20 (2) Provide the judiciary with information regarding
21 State intermediate punishment programs including, upon
22 request, information on the availability of space in a
23 particular program.
24 (3) Develop contact with individuals and organizations
25 within the community who can assist the inmate in the
26 successful completion of the program.
27 (4) Enter into contracts for the provision of services
28 required to operate State intermediate punishment programs.
29 (5) Promulgate rules and regulations for the
30 establishment of one or more State intermediate punishment
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1 programs based on available resources. The regulations shall
2 include, but not be limited to, programming, supervision,
3 administration, number of daily contacts with participants,
4 treatment standards, personnel, training and penalties for
5 violation of plans or conditions of participation.
6 (6) Report annually to the Judiciary Committee of the
7 Senate and the Judiciary Committee of the House of
8 Representatives on the operation of State intermediate
9 punishment programs.
10 (7) Develop a public information program regarding State
11 intermediate punishment programs.
12 § 9907. Pennsylvania Commission on Sentencing.
13 The Pennsylvania Commission on Sentencing shall employ the
14 definition of "eligible offender" set forth in section 9902
15 (relating to definitions) to identify inmates who would be
16 eligible for participation in State intermediate punishment
17 programs within the sentencing guidelines.
18 § 9908. Privilege.
19 Participation in a State intermediate punishment program
20 shall be a privilege. Nothing in this chapter shall be construed
21 to confer any right to participate in a State intermediate
22 punishment program.
23 § 9909. Appeals.
24 Nothing in this chapter shall be construed to enlarge or
25 limit the right of an inmate to appeal that inmate's sentence.
26 Section 3. This act shall take effect in 60 days.
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