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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, VULAKOVICH, D. COSTA, VEREB, EACHUS, CALTAGIRONE, BAKER, BOYD, BRADFORD, BRENNAN, BUXTON, CASORIO, CONKLIN, P. COSTA, CURRY, DERMODY, DeWEESE, DONATUCCI, FABRIZIO, FRANKEL, GABIG, GALLOWAY, GEORGE, GOODMAN, GRELL, GRUCELA, HALUSKA, HANNA, HARHAI, HARKINS, HESS, HORNAMAN, W. KELLER, KORTZ, KOTIK, KULA, LENTZ, LEVDANSKY, MAHONEY, MARKOSEK, MARSHALL, MATZIE, McILVAINE SMITH, MELIO, METCALFE, MICCARELLI, MILLER, MILNE, MOUL, MURT, MUSTIO, PASHINSKI, PAYNE, PEIFER, PETRARCA, PYLE, READSHAW, SAINATO, SANTARSIERO, SCAVELLO, SIPTROTH, K. SMITH, M. SMITH, SOLOBAY, SONNEY, STABACK, STERN, THOMAS, TRUE, TURZAI, WATERS, WATSON, WHITE, WILLIAMS, GINGRICH AND SWANGER, JANUARY 19, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 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, further providing for |
3 | parole power and for violation of terms of parole. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 6137(a) and 6138 of Title 61 of the |
7 | Pennsylvania Consolidated Statutes, added August 11, 2009 |
8 | (P.L.147, No.33), are amended to read: |
9 | § 6137. Parole power. |
10 | (a) General criteria for parole.-- |
11 | (1) The board may parole subject to consideration of |
12 | guidelines established under 42 Pa.C.S. § 2154.5 (relating to |
13 | adoption of guidelines for parole) and may release on parole |
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1 | any inmate to whom the power to parole is granted to the |
2 | board by this chapter, except an inmate condemned to death |
3 | [or], serving life imprisonment or that committed a parole |
4 | violation by committing a violent crime, whenever in its |
5 | opinion: |
6 | (i) The best interests of the inmate justify or |
7 | require that the inmate be paroled. |
8 | (ii) It does not appear that the interests of the |
9 | Commonwealth will be injured by the inmate's parole. |
10 | (2) Parole shall be subject in every instance to the |
11 | Commonwealth's right to immediately retake and hold in |
12 | custody without further proceedings any parolee charged after |
13 | his parole with an additional offense until a determination |
14 | can be made whether to continue his parole status. |
15 | (3) The power to parole granted under this section to |
16 | the board may not be exercised in the board's discretion at |
17 | any time before, but only after, the expiration of the |
18 | minimum term of imprisonment fixed by the court in its |
19 | sentence or by the Board of Pardons in a sentence which has |
20 | been reduced by commutation. |
21 | (4) Unless the inmate has served at least one year in a |
22 | prerelease center, the board shall not act upon an |
23 | application of an inmate who is granted clemency by the |
24 | Governor, is subject to parole supervision and: |
25 | (i) whose term of imprisonment was commuted from |
26 | life to life on parole; |
27 | (ii) who was serving a term of imprisonment for a |
28 | crime of violence; or |
29 | (iii) who is serving a sentence under 42 Pa.C.S. § |
30 | 9712 (relating to sentences for offenses committed with |
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1 | firearms). |
2 | (5) Upon parole, a parolee subject to paragraph (4) |
3 | shall: |
4 | (i) be subject to weekly supervision for the first |
5 | six months of parole; and |
6 | (ii) have any violations of a condition of parole |
7 | immediately made known to the Board of Pardons. This |
8 | subparagraph shall apply to all parolees under |
9 | supervision by other jurisdictions under Subchapter B of |
10 | Chapter 71 (relating to interstate compact for the |
11 | supervision of adult offenders). |
12 | * * * |
13 | § 6138. Violation of terms of parole. |
14 | (a) Convicted violators.-- |
15 | (1) A parolee under the jurisdiction of the board |
16 | released from a correctional facility who, during the period |
17 | of parole or while delinquent on parole, commits a crime |
18 | punishable by imprisonment, for which the parolee is |
19 | convicted or found guilty by a judge or jury or to which the |
20 | parolee pleads guilty or nolo contendere at any time |
21 | thereafter in a court of record, may at the discretion of the |
22 | board be recommitted as a parole violator except if the |
23 | parolee is convicted or found guilty by a judge or jury of a |
24 | violent crime or pleads guilty or nolo contendere in a court |
25 | of record to a violent crime. If the parolee is convicted or |
26 | found guilty by a judge or jury of a violent crime or pleads |
27 | guilty or nolo contendere in a court of record to a violent |
28 | crime, the board shall recommit the parolee. |
29 | (2) If the parolee's recommitment is so ordered, the |
30 | parolee shall be reentered to serve the remainder of the term |
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1 | which the parolee would have been compelled to serve had the |
2 | parole not been granted and shall be given no credit for the |
3 | time at liberty on parole. |
4 | (3) [The] Except if the parolee is convicted or found |
5 | guilty by a judge or jury of a violent crime or pleads guilty |
6 | or nolo contendere in a court of record to a violent crime, |
7 | the board may, in its discretion, reparole whenever, in its |
8 | opinion, the best interests of the inmate justify or require |
9 | the inmate's release on parole and it does not appear that |
10 | the interests of the Commonwealth will be injured thereby. |
11 | (4) The period of time for which the parole violator is |
12 | required to serve shall be computed from and begin on the |
13 | date that the parole violator is taken into custody to be |
14 | returned to the institution as a parole violator. |
15 | (5) If a new sentence is imposed on the parolee, he |
16 | shall be ineligible for parole under the new sentence if it |
17 | is for a violent crime and the service of the balance of the |
18 | term originally imposed shall precede the commencement of the |
19 | new term imposed in the following cases: |
20 | (i) If a person is paroled from a State correctional |
21 | institution and the new sentence imposed on the person is |
22 | to be served in the State correctional institution. |
23 | (ii) If a person is paroled from a county prison and |
24 | the new sentence imposed upon him is to be served in the |
25 | same county prison. |
26 | (iii) In all other cases, the service of the new |
27 | term for the latter crime shall precede commencement of |
28 | the balance of the term originally imposed. |
29 | (6) Where the new term is to be served last or the |
30 | balance of the term originally imposed is to be served last, |
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1 | and the service is, in either case, in any correctional |
2 | facility: |
3 | (i) Any person upon recommitment shall be sent to |
4 | the institution as shall be designated by the Secretary |
5 | of Corrections or his designee. |
6 | (ii) Any female person shall be recommitted to the |
7 | State Correctional Institution at Muncy. |
8 | (b) Subsequent arrest.-- |
9 | (1) The formal filing of a charge after parole against a |
10 | parolee within this Commonwealth for any violation of the |
11 | laws of this Commonwealth shall constitute an automatic |
12 | detainer and permit the parolee to be taken into and held in |
13 | custody. |
14 | (2) The automatic detainer shall dissolve 15 days after |
15 | the parolee is taken into custody unless sooner waived or |
16 | otherwise superseded by direction of the supervising parole |
17 | office. |
18 | (3) The automatic detainer shall be in addition to and |
19 | not in lieu of any other detainer that prior to the effective |
20 | date of this chapter may have been lodged in such |
21 | circumstances. |
22 | (c) Technical violators.-- |
23 | (1) A parolee under the jurisdiction of the board who is |
24 | released from a correctional facility and who, during the |
25 | period of parole, violates the terms and conditions of his |
26 | parole, other than by the commission of a new crime of which |
27 | the parolee is convicted or found guilty by a judge or jury |
28 | or to which the parolee pleads guilty or nolo contendere in a |
29 | court of record, may be recommitted after a hearing before |
30 | the board. |
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1 | (2) If the parolee is so recommitted, the parolee shall |
2 | be given credit for the time served on parole in good |
3 | standing but with no credit for delinquent time and may be |
4 | reentered to serve the remainder of the original sentence or |
5 | sentences. |
6 | (3) The remainder shall be computed by the board from |
7 | the time the parolee's delinquent conduct occurred for the |
8 | unexpired period of the maximum sentence imposed by the court |
9 | without credit for the period the parolee was delinquent on |
10 | parole. The parolee shall serve the remainder so computed |
11 | from the date the parolee is taken into custody on the |
12 | warrant of the board. |
13 | (4) The parolee shall be subject to reparole by the |
14 | board whenever in its opinion the best interests of the |
15 | inmate justify or require the parolee being reparoled and it |
16 | does not appear that the interests of the Commonwealth will |
17 | be injured reparoling the parolee. |
18 | (d) Recommitment.--A technical violator under subsection (c) |
19 | shall be recommitted to a correctional facility as follows: |
20 | (1) If paroled from a county prison, to the same |
21 | institution or to any other institution to which the violator |
22 | may be legally transferred. |
23 | (2) If paroled from a State correctional institution, |
24 | any male person upon recommitment shall be sent to the |
25 | nearest State correctional institution for service of the |
26 | remainder of the original term at the institution as shall be |
27 | designated by the department. Any female person shall be |
28 | recommitted to the State Correctional Institution at Muncy or |
29 | other State correctional institution as designated by the |
30 | department. |
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1 | (e) Definition.--As used in this section, the term "violent |
2 | crime" means any of the following offenses: |
3 | (1) 18 Pa.C.S. § 901 (relating to criminal attempt) |
4 | involving an attempt to commit murder or any of the offenses |
5 | in paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12), |
6 | (13), (14), (15), (16), (17) or (18). |
7 | (2) 18 Pa.C.S. § 902 (relating to criminal solicitation) |
8 | involving a solicitation to commit murder or any of the |
9 | offenses in paragraph (4), (5), (6), (7), (8), (9), (10), |
10 | (11), (12), (13), (14), (15), (16), (17) or (18). |
11 | (3) 18 Pa.C.S. § 903 (relating to criminal conspiracy) |
12 | involving a conspiracy to commit murder or any of the |
13 | offenses in paragraph (4), (5), (6), (7), (8), (9), (10), |
14 | (11), (12), (13), (14), (15), (16), (17) or (18). |
15 | (4) 18 Pa.C.S. § 2502(c) (relating to murder). |
16 | (5) 18 Pa.C.S. § 2503 (relating to voluntary |
17 | manslaughter). |
18 | (6) 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
19 | homicide of law enforcement officer). |
20 | (7) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
21 | aggravated assault). |
22 | (8) 18 Pa.C.S. § 2702.1 (relating to assault of law |
23 | enforcement officer). |
24 | (9) 18 Pa.C.S. § 2901 (relating to kidnapping). |
25 | (10) 18 Pa.C.S. § 3121 (relating to rape). |
26 | (11) 18 Pa.C.S. § 3123 (relating to involuntary deviate |
27 | sexual intercourse). |
28 | (12) 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
29 | (13) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
30 | assault). |
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1 | (14) 18 Pa.C.S. § 3301(a) (relating to arson and related |
2 | offenses). |
3 | (15) 18 Pa.C.S. § 3502 (relating to burglary) if at the |
4 | time of the offense the structure entered was adapted for |
5 | overnight accommodation. |
6 | (16) 18 Pa.C.S. § 3701 (relating to robbery). |
7 | (17) 18 Pa.C.S. § 3702 (relating to robbery of motor |
8 | vehicle). |
9 | (18) 18 Pa.C.S. § 4302 (relating to incest). |
10 | (19) A crime equivalent to an offense in paragraph (1), |
11 | (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), |
12 | (13), (14), (15), (16), (17) or (18) under the laws of this |
13 | Commonwealth in effect at the time of the commission of the |
14 | offense. |
15 | (20) A crime equivalent to an offense in paragraph (1), |
16 | (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), |
17 | (13), (14), (15), (16), (17), (18) or (19) under Federal law |
18 | or in a jurisdiction outside this Commonwealth. |
19 | Section 2. This act shall take effect in 60 days. |
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