PRINTER'S NO. 1014
No. 862 Session of 2007
INTRODUCED BY GREENLEAF, WASHINGTON, BROWNE, EARLL, MUSTO,
ERICKSON, O'PAKE, FONTANA AND KITCHEN, MAY 11, 2007
REFERRED TO JUDICIARY, MAY 11, 2007
AN ACT
1 Providing for prison population reduction by granting certain
2 nonviolent offenders a merit time allowance and presumptive
3 release at the discretion of the Department of Corrections.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Prison
8 Population Reduction Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
14 (relating to sentences for second and subsequent offenses).
15 "Department." The Department of Corrections of the
16 Commonwealth.
17 "Nonviolent offender." A person in the custody of the
18 Department of Corrections who has not committed a crime of
1 violence or any sexual offense enumerated in 42 Pa.C.S. §
2 9795.1(a) and (b) (relating to registration).
3 Section 3. Merit time allowance.
4 (a) Minimum sentence served.--A nonviolent offender serving
5 a sentence of imprisonment of two years or more may earn a merit
6 time allowance. The merit time allowance shall be no more than
7 one-sixth of the minimum sentence of imprisonment imposed by the
8 court.
9 (b) Release eligibility.--Upon the granting of a merit time
10 allowance, a nonviolent offender is eligible for presumptive
11 parole review or a parole hearing prior to the date on which the
12 nonviolent offender will have served five-sixths of the
13 nonviolent offender's minimum sentence of imprisonment.
14 (c) Granting merit time.--A merit time allowance may be
15 granted when a nonviolent offender successfully meets the
16 requirements promulgated by the department. The allowance may be
17 withheld for any serious disciplinary infraction.
18 (d) Merit time eligibility and multiple sentences.--If a
19 nonviolent offender is serving multiple sentences of
20 imprisonment for different crimes, whether such sentences are
21 concurrent or consecutive, in order for the nonviolent offender
22 to receive a merit time allowance, all of the crimes must be
23 merit time eligible.
24 (e) Regulations.--The department shall promulgate rules and
25 regulations for the granting, withholding, forfeiture,
26 cancellation and restoration of the merit time allowances
27 authorized by this act in accordance with the criteria specified
28 by this act. The rules and regulations shall include provisions
29 designating the person or committee in each correctional
30 institution delegated to make discretionary determinations with
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1 respect to the allowance, the books and records to be kept and a
2 procedure for review of the institutional determinations by the
3 department.
4 (f) Jurisdiction.--
5 (1) No person shall have the right to demand or require
6 a merit time allowance authorized by this act.
7 (2) The decision of the department as to the granting,
8 withholding, forfeiture, cancellation or restoration of a
9 merit time allowance shall be final and shall not be
10 reviewable if conducted in accordance with law.
11 Section 4. Presumptive parole program.
12 (a) Program eligibility.--Notwithstanding any other
13 provision of law to the contrary and except as provided in
14 subsection (b), a nonviolent offender who has met the
15 requirements promulgated by the department may be entitled to
16 presumptive release at the expiration of the minimum or
17 aggregate minimum sentence of imprisonment provided that:
18 (1) The nonviolent offender has not committed any
19 serious disciplinary infractions.
20 (2) There has been no judicial determination that the
21 nonviolent offender has brought a frivolous civil action
22 against a State agency, officer or employee.
23 (b) Presumptive parole and merit time allowance.--In the
24 case of a nonviolent offender who meets the criteria set forth
25 in subsection (a) and who also meets the criteria for a merit
26 time allowance under section 3, the nonviolent offender may be
27 entitled to presumptive release, as provided for in this act, at
28 the expiration of five-sixths of the minimum or aggregate
29 minimum sentence of imprisonment.
30 (c) Application and release.--
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1 (1) A nonviolent offender eligible for presumptive
2 release pursuant to this act shall be required to apply for
3 consideration of such release to the department.
4 (2) Upon release from the custody of the department, the
5 person shall be under the supervision of the Pennsylvania
6 Board of Probation and Parole.
7 (d) Regulations.--The department shall promulgate rules and
8 regulations for the granting, withholding, cancellation and
9 rescission of presumptive parole as authorized by this act.
10 (e) Jurisdiction.--
11 (1) No person shall have the right to demand or require
12 the presumptive release authorized by this act.
13 (2) The department may revoke at any time a nonviolent
14 offender's scheduled presumptive release pursuant to this act
15 for any disciplinary infraction committed by the nonviolent
16 offender or for any failure to continue to participate
17 successfully in any assigned work and treatment program.
18 (3) The department may deny presumptive release to a
19 nonviolent offender whenever the department determines that
20 such release may not be consistent with safety of the
21 community or the welfare of the nonviolent offender.
22 (4) An action by the department pursuant to this section
23 shall not be reviewable if conducted in accordance with law.
24 Section 5. Repeals.
25 All acts and parts of acts are repealed insofar as they are
26 inconsistent with this act.
27 Section 6. Effective date.
28 This act shall take effect in 120 days.
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