Bill Text: PA SB1193 | 2009-2010 | Regular Session | Introduced

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Bill Title: In sentencing, providing for court imposed sanctions for offenders violating probation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-03-09 - Re-referred to APPROPRIATIONS [SB1193 Detail]

Download: Pennsylvania-2009-SB1193-Introduced.html

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PRINTER'S NO. 1599
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1193 Session of2010
INTRODUCED BY GREENLEAF, FONTANA, BROWNE, ERICKSON, O'PAKE, COSTA, BOSCOLA AND EARLL, JANUARY 19, 2010
REFERRED TO JUDICIARY, JANUARY 19, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for court imposed sanctions for offenders violating
probation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9771.1. Court imposed sanctions for offenders violating
probation.
(a) Program.--Notwithstanding the provisions of section 9771
(relating to modification or revocation of order of probation),
the court of common pleas of a judicial district may establish a
program to impose swift, predictable and immediate sanctions on
offenders who violate their probation.
(b) Coordination with other officials.--The court shall work
with probation administrators and officers, jail administrators,
prosecutors, public defenders and law enforcement in the
judicial district to develop and implement the program.
(c) Eligibility.--
(1) The court shall determine which offenders are
eligible for and admitted into the program. The program shall
focus on, but not be limited to, offenders who have committed
drug-related crimes.
(2) An offender shall be ineligible for the program if
the offender was convicted of a crime of violence as defined
in section 9714 (relating to sentences for second and
subsequent offenses) or of a crime requiring registration
under section 9795.1 (relating to registration).
(d) Warning hearing.--
(1) The court shall hold a warning hearing for each
participant in the program to clearly communicate program
expectations and consequences and to encourage the
participant's compliance and success.
(2) The court shall emphasize the expectations that the
participant remain drug-free and comply with any treatment or
services ordered by the court as a condition of the
participant's probation.
(3) The court shall put the participant on notice that
each probation violation, including missed appointments and
positive drug tests, will result in jail time as provided for
under subsection (g).
(e) Drug testing.--The program shall require, when
applicable, randomized drug testing.
(f) Violation hearing.--If a participant commits a probation
violation, the participant shall promptly be arrested and a
hearing shall be held no later than two business days after the
arrest date.
(g) Sanctions.--
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(1) The court shall impose a term of imprisonment of up
to:
(i) three days for a first violation;
(ii) seven days for a second violation;
(iii) fourteen days for a third violation; and
(iv) twenty-one days for a fourth or subsequent
violation of probation.
(2) The court may allow the term of imprisonment to be
served on weekends or other nonwork days for employed
probationers who have committed a first or second violation.
(3) The court may increase the conditions of probation,
including additional substance abuse treatment for a
participant who has failed one or more drug tests.
(h) Exceptions.--If the participant is able to provide a
compelling reason for the probation violation, the court may
grant an exception to the sanctions authorized under subsection
(g).
(i) Revocation of probation.--
(1) After a third violation, the court may revoke the
order of probation.
(2) Upon revocation, the sentencing alternatives shall
be the same as were available at the time of initial
sentencing, due consideration being given to the time spent
serving the order of probation.
(j) Local rules.--The court may adopt local rules for the
administration of this program. The local rules may not be
inconsistent with this section or any rules adopted by the
Supreme Court.
Section 2. This act shall take effect in 60 days.
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