WEEKLY SESSION NOTES
Senate Republican Policy Committee
Sen. Jake Corman, Chairman

Tuesday, September 16, 2008

of the Pennsylvania Commission on Sentencing (PCS) and expand the duties of the PCS to include the collection and dissemination of information relating to parole and re-parole decisions by the Parole Board or other paroling authorities. 

Section 4 of the legislation would mandate that the PCS adopt guidelines for re-sentencing, for parole and re-parole, and for recommitment ranges following revocation of parole by the Parole Board.  Resentencing guidelines would take into account factors considered in adopting the sentencing guidelines, the seriousness of the violation and the rehabilitative needs of the defendant.  Parole guidelines would do all of the following:  give primary consideration to the protection of the public and public safety; provide for due consideration of victim input; be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules; be designed to encourage inmates and parolees to participate in programs effective in reducing recidivism; provide for prioritization of resources for inmates posing the greatest risk to public safety; and use validated risk assessment tools.  Recommitment ranges would take into account the seriousness of the initial offense, the seriousness of the violation and the rehabilitative needs of the defendant.  The Parole Board could deviate from the recommitment ranges but must submit a written statement of the reasons for the deviation to the PCS.  The bill would also mandate the completion of a study of needed and available resources prior to the adoption of changes to guidelines for sentencing, resentencing and parole, and recommitment ranges.

The measure specifies that minimum sentences could not be reduced through parole prior to the expiration of the minimum sentence unless otherwise authorized by the new section, or other law.  Except under certain circumstances, the court would have to state at the time of sentencing whether the defendant is eligible for release pursuant to an approved reentry plan prior to the expiration of the minimum sentence.  Before a court paroles a defendant prior to the expiration of the minimum sentence, the court would be required to provide at least ten days' written notice and an opportunity to be heard to the prosecutor.  Also, at the time of sentencing, the court would consider if a defendant is eligible for a recidivism risk reduction incentive (RRRI) sentence.  If a defendant is eligible, a court would impose a RRRI minimum sentence in addition to the ordinary maximum/minimum sentence.

The bill also addresses the place of confinement in relation to the sentence imposed.  Three or more years after the effective date of the legislation, individuals would be committed as follows:  those sentenced to maximum terms of five or more years will be committed to the Department of Corrections (DOC); those sentenced to maximum terms of two years or more but less than five years would be committed to the DOC except when all of the conditions outlined in the bill are met; and, those sentenced for maximum terms of less than two years would be committed to a county prison.  The DOC would reimburse a county for the reasonable cost of confinement for every level 4 or 5 offender as identified in the Basic Sentencing Matrix promulgated by the PCS, and who is on an approved work release program.  No more than $2.5 million would be expended annually on this program unless otherwise appropriated.  If eligible costs exceed $2.5 million, reimbursement would be made on a pro rata basis.  County prisons could also require reimbursement from other county prisons or the DOC for inmates voluntarily accepted from those entities for incarceration. 

Additional changes would clarify what record information must be sent with inmates as they move from county custody to the custody of the DOC.  The DOC may refuse to accept custody of an inmate if the required information is not provided or is incomplete and the committing county has a history of such action.  The bill also provides for the entry of an order by the county court granting work, educational, or medical release status for any prisoner sentenced to a term of less than five years, and serving that sentence in a county jail.  Prior to granting such an order, notification and an opportunity to be heard must be provided to the attorney for the Commonwealth and any registered crime victim. 

The bill would also add language allowing the DOC to request the sentencing court to resentence an eligible offender to state intermediate punishment.  The court could resentence the offender if all of the following apply:  the DOC has recommended placement in a drug offender treatment program; the attorney for the Commonwealth and the offender have agreed to the placement and modification of sentence; the resentencing has occurred within 365 days of the defendant's admission to the custody of the DOC; and the court has otherwise complied with all other requirements for imposition of sentence, including victim notification.

The changes to Title 44 would add a new Chapter 53 establishing a Recidivism Risk Reduction Incentive Program to encourage eligible offenders to participate in and successfully complete programs that reduce the likelihood of recidivism.  An "eligible offender" is defined as a defendant or prisoner committed to the custody of the DOC who meets all of the following conditions:

• No history of present or past violent behavior.
• No deadly weapon enhancement or firearms offense conviction.
• Has not been found guilty, previously convicted, or adjudicated delinquent for or (attempted or conspired) to commit a personal injury crime.
• Has not been found guilty, previously convicted, or adjudicated delinquent for certain enumerated offenses.
• Is not awaiting trial or sentencing for additional criminal charges that would otherwise cause the defendant to become ineligible.
• Has not been found guilty or previously convicted of high volume drug trafficking.

The chapter authorizes the DOC to designate a program as a recidivism risk reduction incentive program if there is appropriate scientific research that demonstrates that the proposed program would likely reduce overall recidivism rates of program participants.  At the time of sentencing, the court would make a determination whether the defendant is an eligible offender for inclusion in the program.  If the court determines the defendant is an eligible offender, the court could impose a sentence that, in addition to imposing the minimum and maximum sentences as required by statute, could also impose the recidivism risk reduction incentive minimum sentence which would be equal to three-fourths of the minimum sentence imposed when the minimum sentence is three years or less, or five-sixths of the minimum sentence if the minimum sentence is more than three years.  The Parole Board would be authorized to parole an eligible offender at the expiration of the recidivism risk reduction incentive minimum sentence imposed at the time of sentencing if ten separate conditions are met.  However, the Board would retain jurisdiction to grant parole regardless of program participation or determination of an offender as an eligible offender.

The Department of Correction would promulgate interim guidelines for implementation of the provisions of the chapter, which would be effective for a period of two years after publication in the Pennsylvania Bulletin.  The interim guidelines would be replaced by regulations promulgated by the DOC consistent with the Regulatory Review Act.  The DOC, the Parole Board, and the PCS would be required to monitor and evaluate the program and make the evaluations and underlying data available to the public.  Additionally, the DOC and the PCS would be required, within specific timeframes, to submit reports to the Senate and House Judiciary Committees. 

Within one year of the effective date of the legislation, the Pennsylvania Commission on Crime and Delinquency would be required to establish a training or education plan to address the following topics:

• The treatment programs available through the Parole Board and the Department of Corrections.
• The availability of programs and eligibility requirements that can reduce recidivism risks.
• The calculation of sentencing credit and practices that could inadvertently prevent an inmate from receiving sentence credit.
• Recent statutory changes relating to sentencing, place of confinement, medical releases, transfer of inmates and parole. Concurrence in House Amendments to Senate Amendments, as Amended:  48-2.

House Bill 7 (Caltagirone) would amend Act 170 of 1919, known as the Compassionate Relief Act, to provide a procedure whereby the Department of Corrections (DOC), a prisoner or a person granted standing to act on behalf of a prisoner may petition the sentencing court to temporarily defer a sentence of confinement and place a prisoner who is seriously or terminally ill in a hospital, long-term care nursing facility or hospice.  The legislation provides a similar procedure for those prisoners not committed to the custody of the DOC but confined in a correctional facility, jail or other institution authorized to incarcerate or detain persons.

The sentencing court could approve the request for the temporary placement into a hospital or long-term care nursing facility under electronic monitoring by the DOC upon clear and convincing proof that all of the following apply:

• The medical needs of the prisoner can be more appropriately addressed in the hospital or long-term care nursing facility.
• The hospital or long-term care nursing facility has agreed to accept the placement of the prisoner and to provide the necessary medical care.
• The prisoner is seriously ill and is expected by a treating physician to not live more than one year.
• There are no writs filed or detainers lodged against the prisoner and the prisoner is not subject to any court order requiring the prisoner's presence.
• The placement does not pose an undue risk of escape or danger to the community.
• The hospital or long-term care nursing facility has agreed to notify the DOC and the court of any material changes in the health status of the prisoner, the nature of the care provided or other information required by the DOC.
• Each agency representing the Commonwealth at a proceeding which resulted in an order committing or detaining the prisoner, the state or local correctional facility housing the inmate and any registered crime victim have been given notice and an opportunity to be heard on the petition.

The sentencing court may approve the request for the temporary placement into a licensed hospice care facility under electronic monitoring by the DOC upon clear and convincing proof that all of the following apply:

• The prisoner is terminally ill, not ambulatory and likely to die in the near future.
• The licensed hospice care provider can provide the prisoner with more appropriate care.
• Appropriate medical care and palliative and supportive services will be provided by the licensed hospice care provider at the proposed hospice care location.
• The placement of the prisoner in the proposed licensed hospice care location does not pose an undue risk of escape or danger to the community.
• The licensed hospice care provider has agreed to notify the DOC and the court of any material changes in the health status of the prisoner, the nature of the hospice care provided or other information required by the DOC or court.
• Each agency representing the Commonwealth at a proceeding which resulted in an order committing or detaining the prisoner, the state or local correctional facility housing the prisoner and any registered crime victim have been given notice and an opportunity to be heard on the petition.

Any court order deferring a prisoner's sentence of confinement and placing the prisoner into a hospital, long-term care nursing facility or a licensed hospice care facility would have to contain a provision allowing the DOC or prosecuting attorney, under specific circumstances, to petition the sentencing court for an order to recommit the prisoner to the custody of the DOC.  Additionally, the sentencing court may at any time terminate its order authorizing the temporary placement. 

Any court order for the placement of a prisoner into a hospital, long-term care nursing facility or hospice care location which provides care to persons who were not placed there pursuant to an order of deferral of sentence of confinement would have to direct the individual in charge of the facility to notify each person receiving care at, and each employee or contractor working in such facility, that the placement was ordered, if it is foreseeable that the person, employee, or contractor will come into contact with the prisoner during the placement.  The sentencing court would forward notice of any order of a placement to the hospital, long-term-care nursing facility or hospice-care location and to the Department of Public Welfare.  Passed:  50-0.

Executive Session

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0.

Thursday, September 18, 2008

Senate Bill 180 (Pippy) would amend Title 51 (Military Affairs) to authorize the Department of Military and Veterans Affairs to arrange for burial details for veterans who are to be interred at the National Cemetery of the Alleghenies.  Current law authorizes burial details at the Indiantown Gap National Cemetery.  As amended in the House of Representatives, the bill would also include ancillary services plans (vision and dental) under the provisions governing the extension of insurance benefits for military personnel who are full-time students at the time of deployment when insurance is provided through a parent's health insurance policy.  Under these provisions, the benefits are extended for a period equal to the duration of the eligible student's service on active duty upon his or her return.  Concurrence in House Amendments:  50-0.

Senate Bill 1503 (Madigan) is the Highway-Railroad and Highway Bridge Capital Budget Supplemental Act for 2008-2009.  The bill would authorize projects totaling $1,453,720,000 to be financed from current revenues or by the incurring of debt.  Of this amount, $1,150,048,000 is authorized for highway bridge and forestry and state park bridge projects to be constructed by the Department of Transportation and financed by the incurring of debt or from current Motor License Fund revenues.  The remaining $303,672,000 represents authorization for non-state highway bridge projects to be constructed by municipalities and to be financed in part with grants not exceeding 80 percent of the non-federal share provided to the local governments by the Department of Transportation from current revenues in the Motor License Fund.  Passed:  50-0.

Senate Bill 1504 (Stout) is the Highway Capital Budget Project Itemization Act of 2008-2009.  The bill would authorize a total of $3,361,513,000 in capital highway projects to be constructed by the Department of Transportation and financed from current Motor License Fund revenues.  Passed:  50-0.

Senate Resolution 368 (Baker) designates September 28, 2008 as "Gold Star Mother's Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 369 (Baker) designates the month of October 2008 as "Pennsylvania Fire Prevention Month", observes the week of October 5 through 11, 2008 as "National Fire Prevention Week" and urges Pennsylvanians to heed fire safety messages.  Adopted by Voice Vote.

Senate Resolution 370 (Tomlinson) designates the month of October 2008 as "Agent Orange Recognition Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 372 (Baker) designates September 30, 2008 as "Pennsylvania First Responder Appreciation Day."  Adopted by Voice Vote.

Senate Resolution 377 (Stack) designates the month of September 2008 as "Alcohol and Drug Addiction Recovery Month" in Pennsylvania.  Adopted by Voice Vote.

Real Property Disposition Plan (R.P.D.P. 1) Resolution A.  Adopted:  50-0.