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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PERZEL, ARGALL, BAKER, BARRAR, BEYER, BRENNAN, CAUSER, CIVERA, D. COSTA, CRUZ, CUTLER, GEIST, GILLESPIE, GINGRICH, GODSHALL, GRELL, HARRIS, KAUFFMAN, W. KELLER, KILLION, LEVDANSKY, MAJOR, MANN, MARSHALL, MELIO, MILNE, MURT, MUSTIO, M. O'BRIEN, PAYNE, PEIFER, PETRI, PHILLIPS, PICKETT, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, STERN, SWANGER, TRUE, VULAKOVICH, WATSON AND YOUNGBLOOD, MARCH 5, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009 |
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| AN ACT |
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1 | Amending the act of August 6, 1941 (P.L.861, No.323), entitled, |
2 | as amended, "An act to create a uniform and exclusive system |
3 | for the administration of parole in this Commonwealth; |
4 | providing state probation services; establishing the |
5 | 'Pennsylvania Board of Probation and Parole'; conferring and |
6 | defining its jurisdiction, duties, powers and functions; |
7 | including the supervision of persons placed upon probation |
8 | and parole in certain designated cases; providing for the |
9 | method of appointment of its members; regulating the |
10 | appointment, removal and discharge of its officers, clerks |
11 | and employes; dividing the Commonwealth into administrative |
12 | districts for purposes of probation and parole; fixing the |
13 | salaries of members of the board and of certain other |
14 | officers and employes thereof; making violations of certain |
15 | provisions of this act misdemeanors; providing penalties |
16 | therefor; and for other cognate purposes, and making an |
17 | appropriation," further providing for business of the |
18 | Pennsylvania Board of Probation and Parole and for power to |
19 | parole. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. Section 4 of the act of August 6, 1941 (P.L.861, |
23 | No.323), referred to as the Pennsylvania Board of Probation and |
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1 | Parole Law, amended September 25, 2008 (P.L.1052, No.83), is |
2 | amended to read: |
3 | Section 4. (a) A majority of the board shall constitute a |
4 | quorum for transacting business and, except as hereinafter |
5 | otherwise provided, a majority vote of those present at any |
6 | meeting shall be sufficient for any official action taken by the |
7 | board. Except as provided in [subsections (b), (c) (d) and] |
8 | subsection (e) and 44 Pa.C.S. Ch. 53 (relating to recidivism |
9 | risk reduction incentive), no person shall be paroled, |
10 | reparoled, discharged from parole, or the parole of any person |
11 | revoked, except by a majority of the entire membership of the |
12 | board. |
13 | [(b) The board may make decisions on parole, reparole, |
14 | return or revocation in panels of two persons. A panel shall |
15 | consist of one board member and one hearing examiner or of two |
16 | board members. Panels shall be appointed by the chairman or the |
17 | chairman's designee. |
18 | (c) If there is disagreement on a decision to parole between |
19 | the members of a panel, the matter shall be decided by a board |
20 | member appointed by the chairman or the chairman's designee, who |
21 | shall concur with one of the original panel members. If there is |
22 | disagreement on a revocation decision between the members of the |
23 | panel, the matter shall be decided by three board members |
24 | appointed by the chairman or the chairman's designee; at least |
25 | two of these members must not have been on the disagreeing |
26 | panel, if practicable. |
27 | (d) An interested party may appeal a revocation decision |
28 | within thirty days of the board's order. The decision shall be |
29 | reviewed by three board members appointed by the chairman or the |
30 | chairman's designee. If practicable, at least two of the board |
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1 | members reviewing the decision must not have been on the panel |
2 | whose decision is being appealed. The three board members |
3 | deciding the appeal may affirm, reverse or remand the decision |
4 | of the panel or may order the matter be heard de novo.] |
5 | (e) Subject to the provisions of section 21(b.2), the board |
6 | or its designee may issue a decision to parole an eligible |
7 | offender as defined under 44 Pa.C.S. § 5303 (relating to |
8 | definitions) without further review by the board. |
9 | Section 2. Section 21(a) of the act, amended September 25, |
10 | 2008 (P.L.1052, No.83), is amended and the section is amended by |
11 | adding a subsection to read: |
12 | Section 21. (a) The board is hereby authorized, to parole |
13 | subject to consideration of guidelines established under 42 |
14 | Pa.C.S. § 2154.5 (relating to adoption of guidelines for |
15 | parole), to release on parole any convict confined in any penal |
16 | institution of this Commonwealth as to whom power to parole is |
17 | herein granted to the board, except convicts condemned to death |
18 | or serving life imprisonment and offenders convicted of rape, |
19 | robbery, criminal homicide, aggravated assault or any crime |
20 | committed with a firearm, whenever in its opinion the best |
21 | interests of the convict justify or require his being paroled |
22 | and it does not appear that the interests of the Commonwealth |
23 | will be injured thereby. Parole shall be subject in every |
24 | instance to the Commonwealth's right to immediately retake and |
25 | hold in custody without further proceedings any parolee charged |
26 | after his parole with an additional offense until a |
27 | determination can be made whether to continue his parole status. |
28 | The power to parole herein granted to the Board of Parole may |
29 | not be exercised in the board's discretion at any time before, |
30 | but only after, the expiration of the minimum term of |
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1 | imprisonment fixed by the court in its sentence or by the Pardon |
2 | Board in a sentence which has been reduced by commutation. |
3 | * * * |
4 | (b.3) Notwithstanding the provisions of subsection (b.1), |
5 | the board shall not release on parole offenders convicted of |
6 | rape, robbery, criminal homicide, aggravated assault or any |
7 | crime committed with a firearm. |
8 | * * * |
9 | Section 3. This act shall take effect in 60 days. |
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