Bill Text: PA HB2187 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for parole power and for violation of terms of parole.

Spectrum: Slight Partisan Bill (Democrat 52-30)

Status: (Introduced - Dead) 2010-01-19 - Referred to JUDICIARY [HB2187 Detail]

Download: Pennsylvania-2009-HB2187-Introduced.html

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PRINTER'S NO. 3077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2187 Session of2010
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
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 2010
AN ACT
Amending Title 61 (Penal and Correctional Institutions) of the
Pennsylvania Consolidated Statutes, further providing for
parole power and for violation of terms of parole.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6137(a) and 6138 of Title 61 of the
Pennsylvania Consolidated Statutes, added August 11, 2009
(P.L.147, No.33), are amended to read:
§ 6137. Parole power.
(a) General criteria for parole.--
(1) The board may parole subject to consideration of
guidelines established under 42 Pa.C.S. § 2154.5 (relating to
adoption of guidelines for parole) and may release on parole
any inmate to whom the power to parole is granted to the
board by this chapter, except an inmate condemned to death
[or], serving life imprisonment or that committed a parole
violation by committing a violent crime, whenever in its
opinion:
(i) The best interests of the inmate justify or
require that the inmate be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the inmate's parole.
(2) Parole shall be subject in every instance to the
Commonwealth's right to immediately retake and hold in
custody without further proceedings any parolee charged after
his parole with an additional offense until a determination
can be made whether to continue his parole status.
(3) The power to parole granted under this section to
the board may not be exercised in the board's discretion at
any time before, but only after, the expiration of the
minimum term of imprisonment fixed by the court in its
sentence or by the Board of Pardons in a sentence which has
been reduced by commutation.
(4) Unless the inmate has served at least one year in a
prerelease center, the board shall not act upon an
application of an inmate who is granted clemency by the
Governor, is subject to parole supervision and:
(i) whose term of imprisonment was commuted from
life to life on parole;
(ii) who was serving a term of imprisonment for a
crime of violence; or
(iii) who is serving a sentence under 42 Pa.C.S. §
9712 (relating to sentences for offenses committed with
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firearms).
(5) Upon parole, a parolee subject to paragraph (4)
shall:
(i) be subject to weekly supervision for the first
six months of parole; and
(ii) have any violations of a condition of parole
immediately made known to the Board of Pardons. This
subparagraph shall apply to all parolees under
supervision by other jurisdictions under Subchapter B of
Chapter 71 (relating to interstate compact for the
supervision of adult offenders).
* * *
§ 6138. Violation of terms of parole.
(a) Convicted violators.--
(1) A parolee under the jurisdiction of the board
released from a correctional facility who, during the period
of parole or while delinquent on parole, commits a crime
punishable by imprisonment, for which the parolee is
convicted or found guilty by a judge or jury or to which the
parolee pleads guilty or nolo contendere at any time
thereafter in a court of record, may at the discretion of the
board be recommitted as a parole violator except if the
parolee is convicted or found guilty by a judge or jury of a
violent crime or pleads guilty or nolo contendere in a court
of record to a violent crime. If the parolee is convicted or
found guilty by a judge or jury of a violent crime or pleads
guilty or nolo contendere in a court of record to a violent
crime, the board shall recommit the parolee.
(2) If the parolee's recommitment is so ordered, the
parolee shall be reentered to serve the remainder of the term
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which the parolee would have been compelled to serve had the
parole not been granted and shall be given no credit for the
time at liberty on parole.
(3) [The] Except if the parolee is convicted or found
guilty by a judge or jury of a violent crime or pleads guilty
or nolo contendere in a court of record to a violent crime,
the board may, in its discretion, reparole whenever, in its
opinion, the best interests of the inmate justify or require
the inmate's release on parole and it does not appear that
the interests of the Commonwealth will be injured thereby.
(4) The period of time for which the parole violator is
required to serve shall be computed from and begin on the
date that the parole violator is taken into custody to be
returned to the institution as a parole violator.
(5) If a new sentence is imposed on the parolee, he
shall be ineligible for parole under the new sentence if it
is for a violent crime and the service of the balance of the
term originally imposed shall precede the commencement of the
new term imposed in the following cases:
(i) If a person is paroled from a State correctional
institution and the new sentence imposed on the person is
to be served in the State correctional institution.
(ii) If a person is paroled from a county prison and
the new sentence imposed upon him is to be served in the
same county prison.
(iii) In all other cases, the service of the new
term for the latter crime shall precede commencement of
the balance of the term originally imposed.
(6) Where the new term is to be served last or the
balance of the term originally imposed is to be served last,
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and the service is, in either case, in any correctional
facility:
(i) Any person upon recommitment shall be sent to
the institution as shall be designated by the Secretary
of Corrections or his designee.
(ii) Any female person shall be recommitted to the
State Correctional Institution at Muncy.
(b) Subsequent arrest.--
(1) The formal filing of a charge after parole against a
parolee within this Commonwealth for any violation of the
laws of this Commonwealth shall constitute an automatic
detainer and permit the parolee to be taken into and held in
custody.
(2) The automatic detainer shall dissolve 15 days after
the parolee is taken into custody unless sooner waived or
otherwise superseded by direction of the supervising parole
office.
(3) The automatic detainer shall be in addition to and
not in lieu of any other detainer that prior to the effective
date of this chapter may have been lodged in such
circumstances.
(c) Technical violators.--
(1) A parolee under the jurisdiction of the board who is
released from a correctional facility and who, during the
period of parole, violates the terms and conditions of his
parole, other than by the commission of a new crime of which
the parolee is convicted or found guilty by a judge or jury
or to which the parolee pleads guilty or nolo contendere in a
court of record, may be recommitted after a hearing before
the board.
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(2) If the parolee is so recommitted, the parolee shall
be given credit for the time served on parole in good
standing but with no credit for delinquent time and may be
reentered to serve the remainder of the original sentence or
sentences.
(3) The remainder shall be computed by the board from
the time the parolee's delinquent conduct occurred for the
unexpired period of the maximum sentence imposed by the court
without credit for the period the parolee was delinquent on
parole. The parolee shall serve the remainder so computed
from the date the parolee is taken into custody on the
warrant of the board.
(4) The parolee shall be subject to reparole by the
board whenever in its opinion the best interests of the
inmate justify or require the parolee being reparoled and it
does not appear that the interests of the Commonwealth will
be injured reparoling the parolee.
(d) Recommitment.--A technical violator under subsection (c)
shall be recommitted to a correctional facility as follows:
(1) If paroled from a county prison, to the same
institution or to any other institution to which the violator
may be legally transferred.
(2) If paroled from a State correctional institution,
any male person upon recommitment shall be sent to the
nearest State correctional institution for service of the
remainder of the original term at the institution as shall be
designated by the department. Any female person shall be
recommitted to the State Correctional Institution at Muncy or
other State correctional institution as designated by the
department.
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(e) Definition.--As used in this section, the term "violent
crime" means any of the following offenses:
(1) 18 Pa.C.S. § 901 (relating to criminal attempt)
involving an attempt to commit murder or any of the offenses
in paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17) or (18).
(2) 18 Pa.C.S. § 902 (relating to criminal solicitation)
involving a solicitation to commit murder or any of the
offenses in paragraph (4), (5), (6), (7), (8), (9), (10),
(11), (12), (13), (14), (15), (16), (17) or (18).
(3) 18 Pa.C.S. § 903 (relating to criminal conspiracy)
involving a conspiracy to commit murder or any of the
offenses in paragraph (4), (5), (6), (7), (8), (9), (10),
(11), (12), (13), (14), (15), (16), (17) or (18).
(4) 18 Pa.C.S. § 2502(c) (relating to murder).
(5) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(6) 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer).
(7) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault).
(8) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(9) 18 Pa.C.S. § 2901 (relating to kidnapping).
(10) 18 Pa.C.S. § 3121 (relating to rape).
(11) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(12) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(13) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
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(14) 18 Pa.C.S. § 3301(a) (relating to arson and related
offenses).
(15) 18 Pa.C.S. § 3502 (relating to burglary) if at the
time of the offense the structure entered was adapted for
overnight accommodation.
(16) 18 Pa.C.S. § 3701 (relating to robbery).
(17) 18 Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(18) 18 Pa.C.S. § 4302 (relating to incest).
(19) A crime equivalent to an offense in paragraph (1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17) or (18) under the laws of this
Commonwealth in effect at the time of the commission of the
offense.
(20) A crime equivalent to an offense in paragraph (1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18) or (19) under Federal law
or in a jurisdiction outside this Commonwealth.
Section 2. This act shall take effect in 60 days.
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