THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, WOZNIAK, TARTAGLIONE, ERICKSON, BROWNE AND WASHINGTON, MARCH 15, 2010

REFERRED TO JUDICIARY, MARCH 15, 2010  

AN ACT

Amending Title 61 (Penal and Correctional Institutions) of the

Pennsylvania Consolidated Statutes, in Pennsylvania Board of

Probation and Parole, further providing for violation of

terms of parole.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6138 of Title 61 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 6138.  Violation of terms of parole.

* * *

(e)  Alternative sanctions for technical violators.--

(1)  As an alternative to recommitting a technical

violator under subsections (c) and (d) and to encourage

successful completion of parole, the board shall establish a

tiered sanctioning process that may be imposed on a parolee

who violates the terms and conditions of his parole.

Responses to parole violations shall use available resources

to correct and redirect parolee behavior in order to reduce

the risk to public safety and to enhance the likelihood of

the parolee's successful reintegration into the community.

Sanctions shall be employed that are timely, progressive and

proportional to the parolee's behavior until the parole

supervision staff can no longer safely manage the parolee in

the community.

(2)  The board shall develop a violation sanctioning grid

to assist parole supervision staff in responding to parole

violations. Every violation of parole shall be met with a

swift and certain response. Parole violations shall be

assessed with respect to the:

(i)  Severity of the violation.

(ii)  Risk level of the parolee.

(iii)  Needs of the parolee.

(iv)  Imminent risk of violence or harm.

(3)  In developing a violation sanctioning grid, the

board shall provide for a low violation range, medium

violation range and high violation range. In addition, the

board shall provide for a corresponding low sanction range,

medium sanction range and high sanction range.

(4)  A written warning of parole violation shall be

provided by parole supervision staff to notify a parolee when

the parolee is in violation of any condition of parole and to

warn the parolee that a further violation may lead to

additional sanctions or recommitment. The parolee and parole

supervision staff shall sign a form acknowledging that the

warning was provided. When a parolee's negative behavior

warrants more than the issuance of a warning, a conference

may be held with the parolee.

(5)  If the parolee fails to agree to the alternative

sanction, the board may recommit the parolee to a

correctional institution.

(6)  If the parolee violates one or more alternative

sanctions, the board may recommit the parolee to a

correctional institution.

(7)  The tiered sanctioning process shall also define

positive reinforcements that parolees may receive for

compliance with conditions of supervision. Positive

reinforcements may include, but need not be limited to,

awarding certificates of achievement, reducing reporting

requirements, removing supervision conditions or asking the

parolee to mentor others.

(8)  The board shall review the sanctions imposed by

parole supervision staff on a quarterly basis to assess any

disparities that may exist among staff, evaluate the

effectiveness of the sanction as measured by the parolee's

subsequent conduct and monitor the impact on the number and

type of violations of the conditions of supervision.

(f)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection:

"High sanction range."  The term includes: placement in drug

and alcohol detoxification facility; imposition of global

positioning; placement in community correction center halfway

back program; placement in inpatient drug and alcohol treatment;

placement in a mental health facility; placement in violation

center contract facility; and placement in short-term shock

incarceration.

"High violation range."  The term includes: changing

residence without permission; associating with crime victims;

having positive urinalysis, use of alcohol (previous history);

having pending criminal charges; failure to abide by board-

imposed special conditions; failure to report upon release;

removal from treatment or community corrections center failure;

exhibiting assaultive behavior; absconding; possessing an

offensive weapon; possessing a firearm and having positive

urinalysis; and use of drugs (previous history).

"Low sanction range."  The term includes: issuance of written

warning; imposition of documented job search; imposition of

written travel restrictions; imposition of increased reporting

requirements; obtaining treatment evaluation; referral to

assessment sanctioning community resource agent group; and

imposition of curfew.

"Low violation range."  The term includes: failure to

participate in community service; having positive urinalysis,

use of alcohol (previous history); failure to pay supervision

fees; failure to pay urinalysis fees; failure to support

dependents; failure to pay restitution or court-ordered fee;

changing employment without supervision staff notification or

permission; and use of drugs (no history).

"Medium sanction range."  The term includes: imposition of

deadline for securing employment; imposition of increased

urinalysis testing; imposition of increased curfew; referral to

violence prevention booster; imposition of community service;

placement in outpatient drug and alcohol treatment; referral to

reentry court; imposition of electronic monitoring; and short-

term shock incarceration.

"Medium violation range."  The term includes: failure to

notify agent of changes in status; failure to report as

instructed; positive urinalysis, use of drugs (no history);

violating written travel restrictions; possession of

unauthorized contraband, cell phone or beeper; failure to take

prescribed medications as prescribed by a medical doctor;

failure to maintain employment; failure to participate or attend

treatment; entering prohibited establishments; associating with

known felons, gangs or codefendants; failure to abide by written

instructions; failure to abide by field-imposed special

conditions; conviction of summary offenses; having positive

urinalysis; use of alcohol (previous history); violating curfew;

violating electronic monitoring; failure to provide urine;

failure to complete treatment; failure to notify agent of arrest

within 72 hours; and conviction of a misdemeanor offense.

Section 2.  This act shall take effect in 60 days.