PRIOR PRINTER'S NO. 1942 PRINTER'S NO.

2244
THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 1567
Session of
2009

INTRODUCED BY BOYLE, LENTZ, CALTAGIRONE, D. COSTA, BRENNAN,

CASORIO, CRUZ, FAIRCHILD, FARRY, FREEMAN, GIBBONS, HARHAI,
HORNAMAN, KORTZ, LEVDANSKY, MANN, MARKOSEK, McCALL, McGEEHAN,
MELIO, MENSCH, MILLARD, MOUL, MURPHY, MUSTIO, O'NEILL,
PASHINSKI, QUINN, REICHLEY, SANTONI, SCAVELLO, SIPTROTH,
K. SMITH, STERN, SWANGER, J. TAYLOR, VULAKOVICH, STURLA,
SHAPIRO AND SABATINA, MAY 29, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 23, 2009

AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 PUBLICATION OF GUIDELINES FOR SENTENCING, RESENTENCING AND ç
4 PAROLE AND RECOMMITMENT RANGES FOLLOWING REVOCATION, FOR
5 adoption of guidelines for sentencing, for adoption of
6 guidelines for resentencing and for adoption of guidelines
7 for parole; providing for adoption of certain recommitment
8 ranges; and further providing for PUBLICATION OF GUIDELINES ç
9 FOR SENTENCING, RESENTENCING AND PAROLE AND RECOMMITMENT
10 RANGES FOLLOWING REVOCATION, FOR sentences for second and
11 subsequent offenses AND FOR SENTENCING GENERALLY. ç
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 2153, 2154, 2154.4 and 2154.5 of Title ç
15 42 of the Pennsylvania Consolidated Statutes, amended or added ç
16 September 25, 2008 (P.L.1026, No.81), are amended to read:
17 § 2153. POWERS AND DUTIES. ç

18 (A) GENERAL RULE.--THE COMMISSION, PURSUANT TO RULES AND

19 REGULATIONS, SHALL HAVE THE POWER TO:
 1 (1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
2 AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO CARRY
3 OUT THE PURPOSES OF THIS SUBCHAPTER AND CHAPTER 97 (RELATING
4 TO SENTENCING).
5 (2) UTILIZE, WITH THEIR CONSENT, THE SERVICES,
6 EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
7 STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
8 OR WITHOUT REIMBURSEMENT THEREFOR.
9 (3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
10 COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
11 NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
12 WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
13 CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
14 ORGANIZATION.
15 (4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
16 OFFICER OR AGENCY OF THE COMMONWEALTH GOVERNMENT AS THE
17 COMMISSION MAY FROM TIME TO TIME REQUIRE AND AS MAY BE
18 PRODUCED CONSISTENT WITH OTHER LAW.
19 (5) ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
20 PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
21 COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
22 (6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
23 TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
24 THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
25 COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
26 DETERMINATION UNDER THIS SUBCHAPTER.
27 (7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
28 THE COMMISSION FOR THE PURPOSE OF:
29 (I) SERVING AS A CLEARINGHOUSE AND INFORMATION
30 CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION

20090HB1567PN2244 - 2 -
 1 OF INFORMATION ON COMMONWEALTH SENTENCING, RESENTENCING,
2 POSTPRISON INTENSIVE RESTRICTION AND PAROLE PRACTICES.
3 (II) ASSISTING AND SERVING IN A CONSULTING CAPACITY
4 TO THE BOARD, STATE COURTS, DEPARTMENTS AND AGENCIES IN
5 THE DEVELOPMENT, MAINTENANCE, POSTPRISON INTENSIVE
6 RESTRICTION AND COORDINATION OF SOUND SENTENCING,
7 RESENTENCING AND PAROLE PRACTICES.
8 (8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
9 STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
10 PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
11 (9) PUBLISH DATA CONCERNING THE SENTENCING, POSTPRISON
12 INTENSIVE RESTRICTION AND PAROLE PROCESSES.
13 (10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
14 CONCERNING PAROLE DISPOSITIONS AND SENTENCES ACTUALLY
15 IMPOSED, INCLUDING INITIAL SENTENCES AND ANY SUBSEQUENT
16 MODIFICATION OF SENTENCES OR RESENTENCES FOLLOWING REVOCATION
17 OR REMAND, AND PAROLE AND REPAROLE DECISIONS AND POSTPRISON
18 INTENSIVE RESTRICTION DECISIONS BY THE BOARD AND ANY OTHER
19 [PAROLING] AUTHORITY.
20 (11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
21 REGARDING EFFECTIVENESS OF PAROLE DISPOSITIONS, POSTPRISON
22 INTENSIVE RESTRICTION DISPOSITIONS AND SENTENCES IMPOSED.
23 (12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
24 CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING, PAROLE
25 AND CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
26 NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
27 RATIONAL SENTENCING, RESENTENCING, POSTPRISON INTENSIVE
28 RESTRICTION AND PAROLE POLICY.
29 (13) ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND
30 DISSEMINATE INFORMATION RELATING TO INCAPACITATION,

20090HB1567PN2244 - 3 -
 1 RECIDIVISM, DETERRENCE AND OVERALL EFFECTIVENESS OF SENTENCES
2 AND PAROLE DISPOSITIONS IMPOSED.
3 (14) ESTABLISH A PROGRAM TO SYSTEMATICALLY MONITOR
4 COMPLIANCE WITH THE GUIDELINES, WITH RECOMMITMENT RANGES AND
5 WITH MANDATORY SENTENCING LAWS TO DOCUMENT ELIGIBILITY FOR
6 AND RELEASES PURSUANT TO A COUNTY REENTRY PLAN, TO DOCUMENT
7 ELIGIBILITY FOR AND IMPOSITION OF RECIDIVISM RISK REDUCTION
8 INCENTIVE MINIMUM SENTENCES AND TO DOCUMENT ALL PAROLE AND
9 REPAROLE DECISIONS AND POSTPRISON INTENSIVE RESTRICTION
10 DECISIONS BY THE BOARD AND ANY OTHER [PAROLING] AUTHORITY BY:
11 (I) PROMULGATING FORMS WHICH DOCUMENT THE
12 APPLICATION OF SENTENCING, RESENTENCING AND PAROLE
13 GUIDELINES, INCLUDING GUIDELINES ADOPTED UNDER SECTION
14 9714(A)(3) (RELATING TO SENTENCES FOR SECOND AND
15 SUBSEQUENT OFFENSES), MANDATORY SENTENCING LAWS, RELEASES
16 PURSUANT TO A COUNTY REENTRY PLAN, RECOMMITMENT RANGES
17 AND RECIDIVISM RISK REDUCTION INCENTIVE MINIMUM SENTENCES
18 AND COLLECTING INFORMATION ON ALL PAROLE AND REPAROLE
19 DECISIONS AND POSTPRISON INTENSIVE RESTRICTION DECISIONS
20 BY THE BOARD AND ANY OTHER [PAROLING] AUTHORITY.
21 (II) REQUIRING THE TIMELY COMPLETION AND ELECTRONIC
22 SUBMISSION OF SUCH FORMS TO THE COMMISSION.
23 (15) PRIOR TO ADOPTION OF CHANGES TO GUIDELINES FOR
24 SENTENCING, RESENTENCING AND PAROLE AND RECOMMITMENT RANGES
25 FOLLOWING REVOCATION, INCLUDING GUIDELINES ADOPTED PURSUANT
26 TO SECTION 9714(A)(3), USE A CORRECTIONAL POPULATION
27 SIMULATION MODEL TO DETERMINE:
28 (I) RESOURCES THAT ARE REQUIRED UNDER CURRENT
29 GUIDELINES AND RANGES.
30 (II) RESOURCES THAT WOULD BE REQUIRED TO CARRY OUT

20090HB1567PN2244 - 4 -
 1 ANY PROPOSED CHANGES TO THE GUIDELINES AND RANGES.
2 (B) ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
3 THE GENERAL ASSEMBLY, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
4 COURTS AND THE GOVERNOR ON THE ACTIVITIES OF THE COMMISSION.
5 (C) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
6 SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
7 FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
8 SUBCHAPTER OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISION OF
9 LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED PERSON
10 SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
11 ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
12 SUBSECTION (A)(1).
13 § 2154. Adoption of guidelines for sentencing.
14 (a) General rule.--The commission shall adopt guidelines for
15 sentencing within the limits established by law which shall be
16 considered by the sentencing court in determining the
17 appropriate sentence for defendants who plead guilty or nolo
18 contendere to, or who were found guilty of, felonies and
19 misdemeanors. In adopting guidelines, the commission shall
20 recommend confinement that is consistent with the protection of
21 the public, the gravity of the offense as it relates to the
22 impact on the life of the victim and the community and the
23 rehabilitative needs of the defendant OFFENDER. The commission ç
24 shall recommend the use of other sentencing alternatives to
25 promote offender accountability, the just compensation to
26 victims and the most efficient use of correctional resources.
27 The guidelines shall address the following:
28 (1) [Specify] Seriousness of the offense, by specifying
29 the range of sentences applicable to crimes of a given degree
30 of gravity, including incapacitation of serious violent

20090HB1567PN2244 - 5 -
 1 defendants OFFENDERS. ç
2 (2) [Specify] Criminal history, by specifying a range of
3 sentences of increased severity for [defendants] OFFENDERS ç
4 previously convicted of or adjudicated delinquent for one or
5 more misdemeanor or felony offenses committed prior to the
6 current offense. [For purposes of this section "previously
7 convicted or adjudicated delinquent" shall include any
8 finding of guilt or adjudication of delinquency whether or
9 not sentence has been imposed or disposition ordered prior to
10 the commission of the current offense.]
11 (3) [Specify] Criminal behavior, by specifying a range
12 of sentences of increased severity for [defendants] OFFENDERS ç
13 who pose a substantial risk to public safety, including those
14 who possessed or used a deadly weapon during the commission
15 of the current conviction offense.
16 (4) [Prescribe] Aggravated and mitigated ranges, by
17 specifying variations from the range of sentences applicable
18 on account of aggravating or mitigating circumstances.
19 (5) [Consider] Correctional impact, by considering the
20 impact of any amendments to [section] sections 9756 (relating
21 to sentence of total confinement) and 9762 (relating to
22 sentencing proceeding; place of confinement).
23 (6) Resource utilization, by providing for
24 prioritization of incarceration, rehabilitation and other
25 criminal justice resources for offenders posing the greatest
26 risk to public safety and for the identification of lower
27 risk offenders for sentencing alternatives as provided in
28 sections 2154.1 (relating to adoption of guidelines for
29 county intermediate punishment), 2154.2 (relating to adoption
30 of guidelines for State intermediate punishment) and 2154.3

20090HB1567PN2244 - 6 -
 1 (relating to adoption of guidelines for fines), where
2 appropriate.
3 (7) Evidence-based practices, by considering available
4 research relating to crime reduction and prevention
5 strategies, as well as cost-effective strategies to maximize
6 available resources.
7 (b) Definition.--As used in this section the [term
8 "possessed" means on the defendant's person or within his
9 immediate physical control.] following words and phrases shall
10 have the meanings given to them in this subsection:
11 "Possessed." On the defendant's person or within his
12 immediate physical control.
13 "Previously convicted" or "adjudicated delinquent." Any
14 finding of guilt or adjudication of delinquency whether or not
15 sentence has been imposed or disposition ordered prior to the
16 commission of the current offense.
17 § 2154.4. Adoption of guidelines for resentencing.
18 The commission shall adopt guidelines that shall be
19 considered by the court when resentencing an offender following
20 revocation of postprison intensive restriction under the
21 provisions of section 9714(a.1)(5) (relating to sentences for
22 second and subsequent offenses), probation, county intermediate
23 punishment or State intermediate punishment. The guidelines
24 shall take into account factors considered in adopting the
25 sentencing guidelines, the seriousness of the violation and the
26 rehabilitative needs of the defendant.
27 § 2154.5. Adoption of guidelines for parole.
28 (a) Adoption.--The commission shall adopt guidelines that
29 shall be considered by the board and any other paroling entity
30 when exercising its power to parole and reparole all persons

20090HB1567PN2244 - 7 -
 1 sentenced by any court in this Commonwealth to imprisonment in
2 any State or county penitentiary, prison or penal institution.
3 The guidelines shall do all of the following:
4 (1) Give primary consideration to the protection of the
5 public and to victim safety.
6 (2) Provide for due consideration of victim input.
7 (3) Be designed to encourage inmates and parolees to
8 conduct themselves in accordance with conditions and rules of
9 conduct set forth by the department or other prison
10 facilities and the board.
11 (4) Be designed to encourage inmates and parolees to
12 participate in programs that have been demonstrated to be
13 effective in reducing recidivism, including appropriate drug
14 and alcohol treatment programs.
15 (5) Provide for prioritization of incarceration,
16 rehabilitation and other criminal justice resources for
17 offenders posing the greatest risk to public safety.
18 (6) Use validated risk assessment tools, be evidence
19 based and take into account available research relating to
20 the risk of recidivism, minimizing the threat posed to public
21 safety and factors maximizing the success of reentry.
22 (b) Discretionary authority.--Notwithstanding any other
23 provision of law, this section shall not remove the
24 discretionary parole authority of the board and any other
25 paroling entity when exercising its power to parole and
26 reparole.
27 (c) Interim standards for parole.--Until such time as the
28 commission adopts guidelines under the provisions of subsection
29 (a), the following provisions shall be applicable to any
30 offender sentenced under the provisions of section 9714(a)

20090HB1567PN2244 - 8 -
 1 (relating to sentences for second and subsequent offenses):
2 (1) The parole determinations of the Pennsylvania Board
3 of Probation and Parole shall, to the extent practicable, use
4 appropriate decisional instruments or other relevant
5 materials or documents that:
6 (i) Give primary consideration to the protection of
7 the public and victim safety.
8 (ii) Provide for due consideration to victim input.
9 (iii) Are designed to encourage inmates and parolees
10 to conduct themselves in accordance with conditions and
11 rules of conduct set forth by the department, other
12 prison facilities and the board.
13 (iv) Are designed to encourage inmates and parolees
14 to participate in programs with demonstrated
15 effectiveness in reducing recidivism and addressing
16 inmates' and parolees' criminogenic needs.
17 (v) Provide for prioritization of incarceration,
18 rehabilitation and other criminal justice resources for
19 offenders posing the greatest risk to public safety.
20 (vi) Are evidence based, use validated risk
21 assessment tools and take into account available research
22 relating to risk of recidivism, threat to public safety
23 and factors for successful reintegration into society.
24 (2) The interim use of such tools, materials and
25 documents shall neither limit the powers of the board nor
26 grant any right to a prisoner to parole or any particular
27 parole determination.
28 Section 2. Title 42 is amended by adding a section to read:
29 § 2154.7. Adoption of certain recommitment ranges.
30 The commission shall adopt recommitment ranges that shall be

20090HB1567PN2244 - 9 -
 1 considered by the board when exercising its power to recommit
2 for violations of the terms or conditions of postprison
3 intensive restriction under the provisions of section
4 9714(a.1)(4) (relating to sentences for second and subsequent
5 offenses).
6 Section 3. Section 9714 of Title 42 is SECTIONS 2155, 9714 ç
7 AND 9721 OF TITLE 42 ARE amended to read:
8 § 2155. PUBLICATION OF GUIDELINES FOR SENTENCING, RESENTENCING ç
9 AND PAROLE AND RECOMMITMENT RANGES FOLLOWING
10 REVOCATION.
11 (A) GENERAL RULE.--THE COMMISSION SHALL:
12 (1) PRIOR TO ADOPTION, PUBLISH IN THE PENNSYLVANIA
13 BULLETIN ALL PROPOSED SENTENCING GUIDELINES, RESENTENCING
14 GUIDELINES FOLLOWING REVOCATION OF PROBATION, COUNTY
15 INTERMEDIATE PUNISHMENT AND STATE INTERMEDIATE PUNISHMENT,
16 PAROLE GUIDELINES [AND], RECOMMITMENT RANGES FOLLOWING
17 REVOCATION BY THE BOARD OF PAROLES GRANTED, AND GUIDELINES
18 ADOPTED PURSUANT TO SECTION 9714(A)(3) (RELATING TO SENTENCES
19 FOR SECOND AND SUBSEQUENT OFFENSES), AND HOLD PUBLIC HEARINGS
20 NOT EARLIER THAN 30 DAYS AND NOT LATER THAN 60 DAYS
21 THEREAFTER TO AFFORD AN OPPORTUNITY FOR THE FOLLOWING PERSONS
22 AND ORGANIZATIONS TO TESTIFY:
23 (I) PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION.
24 (II) CHIEFS OF POLICE ASSOCIATIONS.
25 (III) FRATERNAL ORDER OF POLICE.
26 (IV) PUBLIC DEFENDERS ORGANIZATION.
27 (V) LAW SCHOOL FACULTY MEMBERS.
28 (VI) STATE BOARD OF PROBATION AND PAROLE.
29 (VII) DEPARTMENT OF CORRECTIONS.
30 (VIII) PENNSYLVANIA BAR ASSOCIATION.

20090HB1567PN2244 - 10 -
 1 (IX) PENNSYLVANIA WARDENS ASSOCIATION.
2 (X) PENNSYLVANIA ASSOCIATION ON PROBATION, PAROLE
3 AND CORRECTIONS.
4 (XI) PENNSYLVANIA CONFERENCE OF STATE TRIAL JUDGES.
5 (XII) ANY OTHER INTERESTED PERSON OR ORGANIZATION.
6 (2) PUBLISH IN THE PENNSYLVANIA BULLETIN SENTENCING
7 GUIDELINES AS ADOPTED BY THE COMMISSION.
8 (B) REJECTION BY GENERAL ASSEMBLY.--SUBJECT TO GUBERNATORIAL
9 REVIEW PURSUANT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION
10 OF PENNSYLVANIA, THE GENERAL ASSEMBLY MAY BY CONCURRENT
11 RESOLUTION REJECT IN THEIR ENTIRETY ANY GUIDELINES OR
12 RECOMMITMENT RANGES ADOPTED BY THE COMMISSION WITHIN 90 DAYS OF
13 THEIR PUBLICATION IN THE PENNSYLVANIA BULLETIN PURSUANT TO
14 SUBSECTION (A)(2).
15 (C) EFFECTIVE DATE.--SENTENCING GUIDELINES, RESENTENCING
16 GUIDELINES FOLLOWING REVOCATION OF PROBATION, COUNTY
17 INTERMEDIATE PUNISHMENT AND STATE INTERMEDIATE PUNISHMENT,
18 PAROLE GUIDELINES [AND], RECOMMITMENT RANGES FOLLOWING
19 REVOCATION BY THE BOARD OF PAROLES GRANTED, AND GUIDELINES
20 ADOPTED PURSUANT TO SECTION 9714(A)(3), ADOPTED BY THE
21 COMMISSION SHALL BECOME EFFECTIVE 90 DAYS AFTER PUBLICATION IN
22 THE PENNSYLVANIA BULLETIN PURSUANT TO SUBSECTION (A)(2) UNLESS
23 DISAPPROVED PURSUANT TO SUBSECTION (B) AND SHALL APPLY TO
24 SENTENCES AND RESENTENCES AND PAROLE DECISIONS MADE AFTER THE
25 EFFECTIVE DATE OF THE GUIDELINES. IF NOT DISAPPROVED, THE
26 COMMISSIONERS SHALL CONDUCT TRAINING AND ORIENTATION FOR TRIAL
27 COURT JUDGES AND BOARD MEMBERS PRIOR TO THE EFFECTIVE DATE OF
28 THE GUIDELINES AND RECOMMITMENT RANGES.
29 § 9714. Sentences for second and subsequent offenses.
30 (a) Mandatory sentence.--

20090HB1567PN2244 - 11 -
 1 (1) [Any] Notwithstanding any other provision of this
2 title or other statute to the contrary, any person who is
3 convicted in any court of this Commonwealth of a crime of
4 violence shall, if at the time of the commission of the
5 current offense the person had previously been convicted of a
6 crime of violence, be sentenced [to a minimum sentence of at
7 least ten years of total confinement, notwithstanding any
8 other provision of this title or other statute to the
9 contrary] to a flat sentence of total confinement, which
10 sentence shall be not less than 15 years nor more than 30
11 years, with no parole. The person shall be further sentenced
12 to a term of postprison intensive restriction of 15 years, to
13 commence upon the expiration of the sentence of total
14 confinement. Upon a second conviction for a crime of
15 violence, the court shall give the person oral and written
16 notice of the penalties under this section for a third
17 conviction for a crime of violence. Failure to provide such
18 notice shall not render the offender ineligible to be
19 sentenced under paragraph (2).
20 (2) [Where] Notwithstanding any other provision of this
21 title or other statute to the contrary, where the person had
22 at the time of the commission of the current offense
23 previously been convicted of two or more such crimes of
24 violence arising from separate criminal transactions, the
25 person shall be sentenced to [a minimum sentence of at least
26 25 years of total confinement, notwithstanding any other
27 provision of this title or other statute to the contrary] a
28 flat sentence of total confinement, which sentence shall not
29 be less than 30 years nor more than 50 years, with no parole,
30 or a sentence of life imprisonment. If the sentence imposed

20090HB1567PN2244 - 12 -
 1 under this paragraph is not life imprisonment, the person
2 shall be further sentenced to a term of postprison intensive
3 restriction of not less than 15 years nor more than 20 years,
4 to commence upon the expiration of the sentence of total
5 confinement. Proof that the offender received notice of or
6 otherwise knew or should have known of the penalties under
7 this paragraph shall not be required. [Upon conviction for a
8 third or subsequent crime of violence the court may, if it
9 determines that 25 years of total confinement is insufficient
10 to protect the public safety, sentence the offender to life
11 imprisonment without parole.
12 (a.1) Mandatory maximum.--An offender sentenced to a
13 mandatory minimum sentence under this section shall be sentenced
14 to a maximum sentence equal to twice the mandatory minimum
15 sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to
16 sentence of imprisonment for felony) or any other provision of
17 this title or other statute to the contrary.]
18 (3) The Pennsylvania Commission on Sentencing shall,
19 within 180 days of the effective date of this subsection,
20 publish guidelines for sentences under paragraphs (1) and (2)
21 AND SUBSECTION (A.1)(5), AND FOR RECOMMITMENT UNDER ç
22 SUBSECTION (A.1)(4). In establishing such guidelines, the
23 commission shall afford paramountcy to the protection of
24 individuals and the public from serious, violent crime.
25 (a.1) Postprison intensive restriction.--The following shall
26 apply:
27 (1) When imposing a sentence of postprison intensive
28 restriction, the court shall order, as an explicit condition
29 of postprison intensive restriction, that the offender shall
30 be subject to supervision during the period of postprison

20090HB1567PN2244 - 13 -
 1 intensive restriction by the Pennsylvania Board of Probation
2 and Parole and that the offender shall comply with any and
3 all terms and conditions of supervision as may be established
4 by the board. The court shall order, as an explicit condition
5 of postprison intensive restriction, that the offender not
6 commit another Federal, State or local crime during the term
7 of postprison intensive restriction and that the defendant
8 not unlawfully possess a controlled substance or a firearm.
9 The court may order any other condition it considers to be
10 appropriate.
11 (2) The formal filing of a charge constituting a crime
12 for any violation of the statutes of this Commonwealth or
13 under the laws of the Federal Government or another state
14 against an offender subject to postprison intensive
15 restriction shall constitute an automatic detainer and permit
16 the offender to be taken into and held in custody. The
17 automatic detainer shall dissolve on the 15th day after the
18 offender is taken into custody unless sooner waived or
19 otherwise superseded by direction of the sentencing court.
20 The automatic detainer shall be in addition to and not in
21 lieu of any other detainer that heretofore may have been
22 lodged in such circumstances.
23 (3) The Pennsylvania Board of Probation and Parole and
24 its officers and agents shall have the power and duty to
25 supervise an offender serving a term of postprison intensive
26 restriction, including the power to impose terms and
27 conditions of postprison intensive restriction, to search an
28 offender and to arrest an offender without warrant, writ,
29 rule or process, in the same manner as for a person on
30 parole, as authorized by the act of August 6, 1941 (P.L.861,

20090HB1567PN2244 - 14 -
 1 No.323), referred to as the Pennsylvania Board of Probation
2 and Parole Law, notwithstanding any other provision of this
3 title or other statute to the contrary.
4 (4) The Pennsylvania Board of Probation and Parole may
5 revoke a term of postprison intensive restriction if the
6 board finds that the offender violated a term or condition of
7 postprison intensive restriction imposed by the court or by
8 the board. The board may recommit the offender to serve a
9 term of total confinement, which may be followed by a term of
10 postprison intensive restriction, provided that the aggregate
11 of the terms shall not exceed the total period of postprison
12 intensive restriction originally imposed by the court,
13 without credit for the time previously served on postprison
14 intensive restriction.
15 (5) A court which sentenced an offender under the
16 provisions of subsection (a), acting sua sponte or upon
17 petition filed by the Pennsylvania Board of Probation and
18 Parole, the Department of Corrections, a district attorney or
19 the Attorney General, shall revoke the term of postprison
20 intensive restriction imposed by the court of an offender who
21 is charged with a crime punishable by a sentence of more than
22 one year, or a serious prison misconduct, committed by the
23 offender while serving a term of total confinement under the
24 provisions of subsection (a). Upon such charge, the offender
25 shall be automatically detained. The court shall order the
26 offender to serve an additional FLAT term of total ç
27 confinement for the offense for which the offender was
28 sentenced under the provisions of subsection (a), which may ç
29 SHALL be followed by an additional term of postprison ç
30 intensive restriction, provided that the. THE aggregate of ç

20090HB1567PN2244 - 15 -
 1 the additional terms shall not exceed EQUAL the total period ç
2 of postprison intensive restriction originally imposed by the
3 court.
4 (6) NO PERIOD OF TIME DURING WHICH AN OFFENDER IS ç
5 INCARCERATED OR SERVING PAROLE FOR ANY OFFENSE SHALL BE
6 INCLUDED IN CALCULATING THE AMOUNT OF TIME SERVED ON A
7 SENTENCE OF POSTPRISON INTENSIVE RESTRICTION.
8 (a.2) Notification.--The Pennsylvania Board of Probation and
9 Parole shall notify a municipal police department if an offender
10 serving a sentence imposed under the provisions of subsection
11 (a) is a resident in the municipality during a period of
12 postprison intensive restriction or while on parole. The board
13 shall also notify the Pennsylvania State Police of the residence
14 of such offenders. The notice shall contain the name, residence
15 and criminal history of the offender, along with all conditions
16 of postprison intensive restriction or parole which have been
17 imposed by the sentencing court or the board. The board shall
18 notify the municipal police department, any other affected
19 municipal police department and the Pennsylvania State Police of
20 a change in residence by such an offender.
21 (d) Proof at sentencing.--Provisions of this section shall
22 not be an element of the crime and notice thereof to the
23 defendant shall not be required prior to conviction[, but
24 reasonable notice of the Commonwealth's intention to proceed
25 under this section shall be provided after conviction and before
26 sentencing]. The applicability of this section shall be
27 determined at sentencing. The sentencing court, prior to
28 imposing sentence on an offender under subsection (a), shall
29 have a complete record of the previous convictions of the
30 offender, copies of which shall be furnished to the offender. If

20090HB1567PN2244 - 16 -
 1 the offender or the attorney for the Commonwealth contests the
2 accuracy of the record, the court shall schedule a hearing and
3 direct the offender and the attorney for the Commonwealth to
4 submit evidence regarding the previous convictions of the
5 offender. The court shall then determine, by a preponderance of
6 the evidence, the previous convictions of the offender and, if
7 this section is applicable, shall impose sentence in accordance
8 with this section. Should a previous conviction be vacated and
9 an acquittal or final discharge entered subsequent to imposition
10 of sentence under this section, the offender shall have the
11 right to petition the sentencing court for reconsideration of
12 sentence if this section would not have been applicable except
13 for the conviction which was vacated.
14 (e) Authority of court in sentencing.--There shall be no
15 authority in any court to impose on an offender to which this
16 section is applicable any lesser sentence than provided for in
17 [subsections (a) and (a.1) or to place such offender on
18 probation or to suspend sentence] subsection (a), except upon
19 written motion by the Commonwealth and for good cause shown. If
20 a defendant is charged with any crime of violence for which a
21 conviction would result in the imposition of sentence under
22 subsection (a), such charge shall not be dismissed, nolle
23 prossed or modified by the court PURSUANT TO A PLEA AGREEMENT OR ç
24 RECOMMENDATION, OR UPON MOTION OF THE COMMONWEALTH, absent a
25 written statement of reasons therefor, which shall be filed by
26 the Commonwealth not later than ten days before sentencing and
27 become a part of the record. Nothing in this section shall
28 prevent the sentencing court from imposing a sentence greater
29 than that provided in this section when otherwise provided for
30 by law. [Sentencing guidelines promulgated by the Pennsylvania ç

20090HB1567PN2244 - 17 -
 1 Commission on Sentencing shall not supersede the mandatory
2 sentences provided in this section] THE SENTENCING COURT SHALL ç
3 CONSIDER THE GUIDELINES ADOPTED BY THE PENNSYLVANIA COMMISSION
4 ON SENTENCING PURSUANT TO SUBSECTION (A)(3), IN ACCORDANCE WITH
5 THE PROVISIONS OF SECTION 9721 (RELATING TO SENTENCING
6 GENERALLY).
7 (f) Appeal by Commonwealth.--If a sentencing court shall
8 fail or refuse to apply this section where applicable, the
9 Commonwealth shall have the right to appellate review of the
10 action of the sentencing court. The appellate court shall vacate
11 the sentence and remand the case to the sentencing court for the
12 imposition of a sentence in accordance with this section if it
13 finds that the sentence was imposed in violation of this
14 section.
15 (g) Definition.--As used in this section, the term "crime of
16 violence" means murder of the third degree, manslaughter of a
17 law enforcement officer in the first degree as defined in 18
18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law
19 enforcement officer), voluntary manslaughter, aggravated assault
20 as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
21 aggravated assault), assault of law enforcement officer in the
22 first degree as defined in 18 Pa.C.S. § 2702.1(a) (relating to
23 assault of law enforcement officer), rape, involuntary deviate
24 sexual intercourse, aggravated indecent assault, incest, sexual
25 assault, arson as defined in 18 Pa.C.S. § 3301(a) (relating to
26 arson and related offenses), kidnapping, burglary of a structure
27 adapted for overnight accommodation in which at the time of the
28 offense any person is present, robbery as defined in 18 Pa.C.S.
29 § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), [or]
30 robbery of a motor vehicle, or persons not to possess, use, ç

20090HB1567PN2244 - 18 -
 1 manufacture, control, sell or transfer firearms as provided for
2 in 18 Pa.C.S. § 6105(a.1)(1) (relating to persons not to
3 possess, use, manufacture, control, sell or transfer firearms),
4 or criminal attempt, criminal conspiracy or criminal
5 solicitation to commit murder or any of the offenses listed
6 above, or an equivalent crime under the laws of this
7 Commonwealth in effect at the time of the commission of that
8 offense or an equivalent crime in another jurisdiction. A
9 conviction for a crime of violence shall also include an
10 adjudication of delinquency for an offense specified in this ç
11 subsection EXCLUDED BY PARAGRAPH (2)(I), (II) OR (III) FROM THE ç
12 DEFINITION OF "DELINQUENT ACT" IN SECTION 6302 (RELATING TO
13 DEFINITIONS) WHICH HAS BEEN TRANSFERRED TO A DIVISION OR A JUDGE
14 OF THE JUVENILE COURT PURSUANT TO SECTION 6322 (RELATING TO
15 TRANSFER FROM CRIMINAL PROCEEDINGS).
16 § 9721. SENTENCING GENERALLY. ç

17 (A) GENERAL RULE.--IN DETERMINING THE SENTENCE TO BE IMPOSED

18 THE COURT SHALL, EXCEPT AS PROVIDED IN SUBSECTION (A.1),
19 CONSIDER AND SELECT ONE OR MORE OF THE FOLLOWING ALTERNATIVES,
20 AND MAY IMPOSE THEM CONSECUTIVELY OR CONCURRENTLY:
21 (1) AN ORDER OF PROBATION.
22 (2) A DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.
23 (3) PARTIAL CONFINEMENT.
24 (4) TOTAL CONFINEMENT.
25 (5) A FINE.
26 (6) COUNTY INTERMEDIATE PUNISHMENT.
27 (7) STATE INTERMEDIATE PUNISHMENT.
28 (A.1) EXCEPTION.--
29 (1) UNLESS SPECIFICALLY AUTHORIZED UNDER SECTION 9763
30 (RELATING TO A SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT) OR

20090HB1567PN2244 - 19 -
 1 CHAPTER 99 (RELATING TO STATE INTERMEDIATE PUNISHMENT),
2 SUBSECTION (A) SHALL NOT APPLY WHERE A MANDATORY MINIMUM
3 SENTENCE IS OTHERWISE PROVIDED BY LAW, INCLUDING ALL
4 PROVISIONS OF SECTION 9714 (RELATING TO SENTENCING FOR SECOND
5 AND SUBSEQUENT OFFENSES).
6 (2) AN ELIGIBLE OFFENDER MAY BE SENTENCED TO STATE
7 INTERMEDIATE PUNISHMENT PURSUANT TO SUBSECTION (A)(7) AND AS
8 DESCRIBED IN CHAPTER 99, EVEN IF A MANDATORY MINIMUM SENTENCE
9 WOULD OTHERWISE BE PROVIDED BY LAW.
10 (B) GENERAL STANDARDS.--IN SELECTING FROM THE ALTERNATIVES
11 SET FORTH IN SUBSECTION (A), THE COURT SHALL FOLLOW THE GENERAL
12 PRINCIPLE THAT THE SENTENCE IMPOSED SHOULD CALL FOR CONFINEMENT
13 THAT IS CONSISTENT WITH THE PROTECTION OF THE PUBLIC, THE
14 GRAVITY OF THE OFFENSE AS IT RELATES TO THE IMPACT ON THE LIFE
15 OF THE VICTIM AND ON THE COMMUNITY, AND THE REHABILITATIVE NEEDS
16 OF THE DEFENDANT. THE COURT SHALL ALSO CONSIDER ANY GUIDELINES
17 FOR SENTENCING AND RESENTENCING ADOPTED BY THE PENNSYLVANIA
18 COMMISSION ON SENTENCING AND TAKING EFFECT UNDER SECTION 2155
19 (RELATING TO PUBLICATION OF GUIDELINES FOR SENTENCING,
20 RESENTENCING AND PAROLE AND RECOMMITMENT RANGES FOLLOWING
21 REVOCATION). IN EVERY CASE IN WHICH THE COURT IMPOSES A SENTENCE
22 FOR A FELONY OR MISDEMEANOR, MODIFIES A SENTENCE, RESENTENCES AN
23 OFFENDER FOLLOWING REVOCATION OF PROBATION, COUNTY INTERMEDIATE
24 PUNISHMENT OR STATE INTERMEDIATE PUNISHMENT OR RESENTENCES
25 FOLLOWING REMAND, THE COURT SHALL MAKE AS A PART OF THE RECORD,
26 AND DISCLOSE IN OPEN COURT AT THE TIME OF SENTENCING, A
27 STATEMENT OF THE REASON OR REASONS FOR THE SENTENCE IMPOSED. IN
28 EVERY CASE WHERE THE COURT IMPOSES A SENTENCE OR RESENTENCE
29 OUTSIDE THE GUIDELINES ADOPTED BY THE PENNSYLVANIA COMMISSION ON
30 SENTENCING UNDER SECTIONS 2154 (RELATING TO ADOPTION OF

20090HB1567PN2244 - 20 -
 1 GUIDELINES FOR SENTENCING), 2154.1 (RELATING TO ADOPTION OF
2 GUIDELINES FOR COUNTY INTERMEDIATE PUNISHMENT), 2154.2 (RELATING
3 TO ADOPTION OF GUIDELINES FOR STATE INTERMEDIATE PUNISHMENT),
4 2154.3 (RELATING TO ADOPTION OF GUIDELINES FOR FINES), 2154.4
5 (RELATING TO ADOPTION OF GUIDELINES FOR RESENTENCING) [AND],
6 2154.5 (RELATING TO ADOPTION OF GUIDELINES FOR PAROLE) AND
7 9714(A)(3) AND MADE EFFECTIVE UNDER SECTION 2155, THE COURT
8 SHALL PROVIDE A CONTEMPORANEOUS WRITTEN STATEMENT OF THE REASON
9 OR REASONS FOR THE DEVIATION FROM THE GUIDELINES TO THE
10 COMMISSION, AS ESTABLISHED UNDER SECTION 2153(A)(14) (RELATING
11 TO POWERS AND DUTIES). FAILURE TO COMPLY SHALL BE GROUNDS FOR
12 VACATING THE SENTENCE OR RESENTENCE AND RESENTENCING THE
13 DEFENDANT.
14 (C) MANDATORY RESTITUTION.--IN ADDITION TO THE ALTERNATIVES
15 SET FORTH IN SUBSECTION (A) OF THIS SECTION THE COURT SHALL
16 ORDER THE DEFENDANT TO COMPENSATE THE VICTIM OF HIS CRIMINAL
17 CONDUCT FOR THE DAMAGE OR INJURY THAT HE SUSTAINED. FOR PURPOSES
18 OF THIS SUBSECTION, THE TERM "VICTIM" SHALL BE AS DEFINED IN
19 SECTION 479.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
20 KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
21 (D) DETAILED CRITERIA.--WITH RESPECT TO EACH ALTERNATIVE THE
22 CRITERIA TO BE CONSIDERED BY THE COURT ARE SET FORTH IN THIS
23 SUBCHAPTER.
24 (E) TERM OF IMPRISONMENT.--ALL SENTENCES OF IMPRISONMENT
25 IMPOSED UNDER THIS CHAPTER SHALL BE FOR A DEFINITE TERM.
26 Section 4. This act shall take effect in 60 days.

20090HB1567PN2244 - 21 -