Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends parole, probation, and criminal sentencing guidelines.

Highlights:

• Requires guidelines for sentencing address the following retributive factors (Sec. 2):

• The seriousness of the offense;

• Criminal history;

• Criminal behavior:

• Aggravated and mitigated ranges; and

• The impact of any amendments relating to sentences of total confinement.

• Prohibits parole from being granted until the minimum term of imprisonment has been served (Sec. 3).

• Establishes the mandatory minimum sentences for offenses against infant persons (Sec. 4).

• Specifies that the commonwealth has the right to appellate review of a sentence if the fact-finder has found any enhancing element and a sentencing court imposes a sentence less than the mandatory minimum (Sec. 4).

• Requires, when determining sentences, the court to consider and select one or more of the following alternatives (Sec. 4):

• An order of probation;

• A determination of guilt without further penalty;

• Partial confinement;

• Total confinement; and/or

• A fine.

• Requires the Department of Corrections to make monetary deductions of at least 25 percent of deposits made to inmate wages and personal accounts for the purpose of collecting restitution (Sec. 4).

• Establishes means for payment of penalties issued to offenders (Sec. 4).

• Establishes conditions and procedures to be met prior to the release of inmates (Sec. 4).

• Establishes requirements regarding sentencing for defendants in need of drug and alcohol treatment (Sec. 4).

• Authorizes the court to terminate the continued supervision of an inmate, or increase the conditions under which an order of probation has been imposed upon finding that a person presents an identifiable threat to public safety (Sec. 4).

• Establishes guidelines and provisions counties must meet to receive county intermediate punishment funding (Sec. 6).

• Establishes courtroom regulations when dealing with a defendant identified as an abuser or addict to drugs and/or alcohol (Sec. 7).

• Requires the court to consider probation guidelines adopted by the Pennsylvania Commission on Sentencing (Sec. 4).

• Requires the Secretary of Corrections and the Chairperson of the Board to serve as ex officio non-voting members of the Commission (Sec. 1).

• Requires that members of the Commission serve in 2-year terms and until a qualified successor has been selected (Sec. 1).

• Requires the Commission to meet at least 4 times per year (Sec. 1).

• Authorizes Commissioners to be reimbursed for accountable expenses incurred while engaged in business related to the Commission (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends parole, probation, and criminal sentencing guidelines.

Highlights:

• Requires guidelines for sentencing address the following retributive factors (Sec. 2):

• The seriousness of the offense;

• Criminal history;

• Criminal behavior:

• Aggravated and mitigated ranges; and

• The impact of any amendments relating to sentences of total confinement.

• Prohibits parole from being granted until the minimum term of imprisonment has been served (Sec. 3).

• Establishes the mandatory minimum sentences for offenses against infant persons (Sec. 4).

• Specifies that the commonwealth has the right to appellate review of a sentence if the fact-finder has found any enhancing element and a sentencing court imposes a sentence less than the mandatory minimum (Sec. 4).

• Requires, when determining sentences, the court to consider and select one or more of the following alternatives (Sec. 4):

• An order of probation;

• A determination of guilt without further penalty;

• Partial confinement;

• Total confinement; and/or

• A fine.

• Requires the Department of Corrections to make monetary deductions of at least 25 percent of deposits made to inmate wages and personal accounts for the purpose of collecting restitution (Sec. 4).

• Establishes means for payment of penalties issued to offenders (Sec. 4).

• Establishes conditions and procedures to be met prior to the release of inmates (Sec. 4).

• Establishes requirements regarding sentencing for defendants in need of drug and alcohol treatment (Sec. 4).

• Authorizes the court to terminate the continued supervision of an inmate, or increase the conditions under which an order of probation has been imposed upon finding that a person presents an identifiable threat to public safety (Sec. 4).

• Establishes guidelines and provisions counties must meet to receive county intermediate punishment funding (Sec. 6).

• Establishes courtroom regulations when dealing with a defendant identified as an abuser or addict to drugs and/or alcohol (Sec. 7).

• Requires the court to consider probation guidelines adopted by the Pennsylvania Commission on Sentencing (Sec. 4).

• Requires the Secretary of Corrections and the Chairperson of the Board to serve as ex officio non-voting members of the Commission (Sec. 1).

• Requires that members of the Commission serve in 2-year terms and until a qualified successor has been selected (Sec. 1).

• Requires the Commission to meet at least 4 times per year (Sec. 1).

• Authorizes Commissioners to be reimbursed for accountable expenses incurred while engaged in business related to the Commission (Sec. 1).

Full Bill Text