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| PRIOR PRINTER'S NO. 1538 | PRINTER'S NO. 2030 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL, LEACH, STOUT AND SMUCKER, DECEMBER 14, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, JUNE 7, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) of the |
2 | Pennsylvania Consolidated Statutes, in inmate prerelease |
3 | plans, providing for inmates serving short minimum sentences; |
4 | and, in probation and parole, providing for release to group- | <-- |
5 | based home providers; and further providing for parole power. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 61 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section sections to read: | <-- |
10 | § 3705. Inmates serving short minimum sentences. |
11 | Subject to the provisions of this chapter on procedures for |
12 | prerelease, if an inmate is within 18 months of completing his |
13 | minimum sentence when the inmate is committed to the supervision |
14 | of the department and the inmate has no outstanding detainers, |
15 | the inmate may be transferred to and confined in a prerelease |
16 | center regardless of the length of time that the inmate has been |
17 | under the supervision of the department. While confined in the |
18 | prerelease center, the inmate may complete any prescribed |
19 | programming consistent with the inmate's prerelease plan. |
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1 | § 6124. Release to group-based home providers. | <-- |
2 | (a) Public hearing required.-- |
3 | (1) Upon release of an individual convicted of an |
4 | offense under 18 Pa.C.S. § 2502 (relating to murder) to a |
5 | group-based home provider, the board or, in the case where |
6 | the individual is not subject to the jurisdiction of the |
7 | board, a court of appropriate jurisdiction, shall conduct a |
8 | public hearing within 20 miles of the location of the group- |
9 | based home provider. |
10 | (2) At the public hearing the group-based home provider |
11 | shall explain the operation of the group-based home provider |
12 | and the board or court, as applicable, shall permit public |
13 | comments relating to the site and operation of the group- |
14 | based home provider. |
15 | (b) Public notice.-- |
16 | (1) The board or court, as applicable, shall provide |
17 | notice of the public hearing in a newspaper of general |
18 | circulation on at least two different dates prior to the |
19 | hearing. Each notice shall provide information regarding |
20 | topic, location and time of the public hearing and a contact |
21 | number for interested persons to call for additional |
22 | information. |
23 | (2) The board or court, as applicable, shall send a copy |
24 | of the notice of the public hearing to the governing body of |
25 | the municipality where the group-based home provider is |
26 | located. |
27 | (c) Definition.--As used in this section, the term "group- |
28 | based home provider" means a private residential facility that |
29 | houses inmates with prerelease status or individuals who are on |
30 | probation or parole. |
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1 | Section 2. Section 6137(a) of Title 61 is amended by adding |
2 | a paragraph to read: |
3 | § 6137. Parole power. |
4 | (a) General criteria for parole.-- |
5 | * * * |
6 | (3.1) (i) If an inmate's minimum term of imprisonment |
7 | is expiring and the primary reason for not paroling the |
8 | inmate is the inmate's inability to access and complete |
9 | prescribed programming within the correctional |
10 | institution, the board may release the inmate on parole |
11 | with the condition that the inmate complete the |
12 | prescribed programming while on parole. |
13 | (ii) This paragraph shall not apply to offenders who |
14 | are serving a term of imprisonment for a crime of |
15 | violence as defined in 42 Pa.C.S. § 9714 (relating to |
16 | sentences for second and subsequent offenses) or for a |
17 | crime requiring registration under 42 Pa.C.S. § 9795.1 |
18 | (relating to registration). |
19 | * * * |
20 | Section 3. This act shall take effect in 60 days. |
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