Current through Register Vol. 54, No. 44, November 2, 2024
(a)
County
intermediate punishment (CIP)
programs as restrictive
conditions of probation. County intermediate punishment programs are
developed, implemented and operated for the following purposes: to protect
society and promote efficiency and economy in the delivery of correctional
services; to promote accountability of offenders to their local community; to
fill gaps in local correctional systems and address local needs through
expansion of punishment and services available to the court; and to provide
opportunities for offenders who demonstrate special needs to receive services
which enhance their ability to become contributing members of the community.
(1)
Eligibility.
(i) The following regulations and statutes
govern operation of and eligibility for county intermediate punishment programs
as restrictive conditions of probation:
37 Pa. Code § 451.111 et seq.
42 Pa.C.S. §§
2154,
2154.1,
9754,
9763, § 9773 and
Chapter.
204 Pa. Code § 303.9 and § 303.11
(ii) Sentence recommendations which include
an option of county intermediate punishment programs as restrictive conditions
of probation for certain offenders are described in § 303.9(e)(4) and
(5).
(2) The county
intermediate punishment plan, as described in 42 Pa.C.S. Chapter 98, provides a
mechanism to advise the court of the extent and availability of services and
programs authorized in the county. This plan includes information on the
appropriate classification and use of county programs based on program-specific
requirements.
(3)
(Reserved).
(4)
Restrictive
conditions of probation. Restrictive conditions of
probation, as provided in
42 Pa.C.S. §
9763(d), are defined as
programs that provide for strict supervision of the offender. The county
intermediate punishment board is required to develop assessment and evaluation
procedures to assure the appropriate targeting of offenders. All programs must
meet the statutory requirements for restrictive DUI probation conditions
(relating to
42 Pa.C.S. §
9763(c)) and restrictive
conditions of probation (relating to
42 Pa.C.S. §
9763(d)) and the minimum
standards provided in the Pennsylvania Commission on Crime and Delinquency
regulations (37 Pa. Code Chapter 451) for county intermediate punishments, and
comply with the guidelines adopted pursuant to
42 Pa.C.S. §
2151.1
relating to adoption of guidelines for restrictive conditions).
(i) Restrictive conditions of probation:
(A) house the person full time or part time;
or
(B) significantly restrict the
person's movement and monitor the offender's compliance with the program,
including electronic monitoring or home confinement.
(ii) An offender under consideration for
restrictive conditions of probation at Level 4 or Level 3 shall have a
diagnostic assessment of dependency on alcohol or other drugs conducted by one
of the following: the Pennsylvania Department of Drug and Alcohol Programs or a
designee; the county authority on drugs and alcohol or a designee; or clinical
personnel of a facility licensed by the Department of Drug and Alcohol
Programs.
(iii) An offender
assessed to be dependent shall be evaluated for purposes of a treatment
recommendation by one of the above listed assessors. The evaluation shall take
into account the level of motivation of the offender. If sentenced to a
restrictive conditions of probation, the sentence shall be consistent with the
level of care and length of stay prescribed in the treatment recommendation,
regardless of the standard range sentencing recommendation.
(iv) An offender assessed as not in need of
drug or alcohol treatment may be placed in any approved restrictive condition
of probation. Each day of participation in a restrictive condition of probation
shall be considered the equivalent of one day of total confinement for
guideline sentence recommendations.
(v) The court may impose restrictive DUI
probation conditions in lieu of incarceration for certain convictions under
75 Pa.C.S. §
3802
(relating to Driving Under the Influence of Alcohol or Controlled
Substance).
(5)
(Reserved).
(6)
Restrictive
DUI probation conditions. In accordance with
42 Pa.C.S. §
9763(c) and §
303.9, restrictive DUI probation
conditions may be used to satisfy the mandatory minimum sentencing requirements
of certain convictions under
75 Pa.C.S. §
1543(b), former
75 Pa.C.S. §
3731 or
75 Pa.C.S. § 3804 for a
first, second or third offense under 75 Pa.C.S. Chapter 38.
(i) Unless otherwise provided in statute,
Restrictive DUI probation condition include:
(A) if the defendant is determined to be in
need of drug and alcohol treatment, and receives a penalty imposed under
75 Pa.C.S. §
1543(b), former
75 Pa.C.S. §
3731,
75 Pa.C.S. § 3804 or a
first, second or third offense under 75 Pa.C.S. Chapter 38, a sentence with
restrictive DUI probation conditions shall include participation in drug and
alcohol treatment under
75 Pa.C.S. §
3815(c), and shall have
restrictive DUI probation conditions of:
(I) a
residential inpatient program or residential rehabilitative center;
(II) house arrest with electronic
surveillance;
(III) a partial
confinement program such as work release, a work camp or a halfway facility;
or
(IV) any combination of these
programs.
(B) if the
defendant is determined not to be in need of drug and alcohol treatment, the
defendant shall have restrictive DUI probation conditions of:
(I) house arrest with electronic
surveillance; or
(II) partial
confinement programs such as work release, a work camp or a halfway facility;
or
(III) any combination of these
programs.
(b)
State Motivational Boot Camp
(BC). A program for eligible persons committed to the Department of
Corrections in which inmates participate for a period of six months in a humane
program which provides rigorous physical activity, intensive regimentation and
discipline, work on public projects, substance abuse treatment services
licensed by the Department of Health, continuing education, vocational
training, prerelease counseling and community corrections aftercare.
(1)
Eligibility.
(i) The following statute governs operation
of and eligibility for the State Motivational Boot Camp: 61 Pa.C.S. Chapter
39.
(ii) Boot Camp is recommended
for eligible persons less than 40 years of age committed to the Department of
Corrections with a minimum term not more than two years and a maximum term of
five years or less; or a minimum term not more than three years and within two
years of completing the minimum term. The court may exercise discretion to
exclude the person from eligibility. If eligible, the person must give consent
to enter the program.
(2)
The court shall indicate on the offender's commitment order and the Guideline
Sentence Form if the person is excluded from eligibility for the boot camp
program. The Department of Corrections makes the final determination as to
whether the offender will be accepted into the boot camp program.
(3) Upon successful completion of the
program, the person shall be immediately released on parole, subject to
intensive supervision. Expulsion from the program results in the person's
continued service of the original sentence imposed, with consideration of
parole upon completion of the minimum term.
(c)
State Drug Treatment Program
(SDP). A 24-month program for drug-related persons committed to the
Department of Corrections designed to address the individually assessed drug
and alcohol abuse and addition needs of a participant and to address other
issues essential to the participant's successful reintegration into the
community, including, but not limited to, educational and employment issues.
(1)
Eligibility.
(i) The following statute governs operation
of and eligibility for State Drug Treatment Program: 61 Pa.C.S. Chapter
41.
(ii) State Drug Treatment
Program is recommended for eligible persons convicted of drug-related offenses
committed to the Department of Corrections with a minimum term not more than
two years and a maximum term of five years or less; or a minimum term not more
than five years and within two years of completing the minimum term. The court
and the prosecutor may exercise discretion to exclude the person from
eligibility. If eligible, the person must give consent to enter the program,
and the DOC assessment must conclude that the person is in need of drug and
alcohol addiction treatment.
(2) The court shall indicate on the
offender's commitment order and the Guideline Sentence Form if the person is
excluded from eligibility for the State Drug Treatment Program. The Department
of Corrections makes the final determination as to whether the offender will be
accepted into the State Drug Treatment Program.
(3) Upon successful completion of the
program, the entire term of confinement that rendered the person eligible to
participate in the State Drug Treatment Program shall be deemed to have been
served. Expulsion from the program results in the person's continued service of
the original sentence imposed, with consideration of parole upon completion of
the minimum term.
(4) The court may
impose a consecutive period of probation. The total duration of a sentence of
state confinement and consecutive probation may not exceed the maximum term for
which the eligible offender could otherwise be sentenced.
(d)
Recidivism Risk Reduction
Incentive (RRRI). A program to encourage eligible non-violent
offenders committed to the Department of Corrections to participate in and
successfully complete evidence-based programs that reduce the likelihood of
recidivism and improve public safety.
(1)
Eligibility.
(i) The
following statute governs operation of and eligibility for the Recidivism Risk
Reduction Incentive Program: 61 Pa.C.S. Chapter 45.
(ii) Recidivism Risk Reduction Incentive
Program is an individualized plan that contains approved treatment and other
approved programs designed to reduce recidivism risk of a specific inmate. If
the court determines the person committed to the Department is statutorily
eligible, the court shall provide notice of eligibility to the person, and the
court shall direct the Department to calculate the RRRI minimum
sentence.
(2) The court
shall indicate on the offender's commitment order and the Guideline Sentence
Form if the person is eligible and direct the Department to calculate the RRRI
minimum sentence. The RRRI minimum sentence is three-fourths of the minimum
sentence when the minimum sentence is three years or less. The RRRI minimum
sentence is offender is five-sixths of the minimum sentence when the minimum
sentence is greater than three years.
(3) Upon certification by the Department that
the person has completed all requirements of the program and remains an
eligible offender, the Parole Board may grant parole upon the expiration of the
RRRI minimum sentence.
(e)
Short Sentence Parole
(SSP). A program for eligible non-violent offenders committed to the
Department of Corrections with an aggregate minimum sentence of confinement of
two years or less for which parole at minimum without an interview is
authorized
(1)
Eligibility.
(i) The following statute governs operation
of and eligibility for Short Sentence Parole:
61 Pa.C.S. §
6137.1.
(ii) Short Sentence Parole requires the
Parole Board to approve for parole an eligible person at the expiration of the
minimum date or RRRI minimum date, whichever is shorter, without requiring an
interview.
(2) A person
shall not be eligible for Short Sentence Parole if found guilty of a major
disciplinary infraction while confined in a county or state correctional
institution, or has pending felony charges.
(f)
Reentry Programs
(1)
County Reentry Program (as
provided in 42? Pa.C.S. § 9756(b)(3))
(i) A release plan that may include drug and
alcohol treatment, behavioral health treatment, job training, skills training,
education, life skills or any other condition deemed relevant by the
court.
(ii) At the time of
sentencing, the court shall state whether or not the defendant is eligible to
participate in a reentry plan at any time prior to the expiration of the
minimum sentence or at the expiration of a specified portion of the minimum
sentence.
(iii) The reentry plan
eligibility shall be considered a party of the sentence and subject to the
requirements related to the entry, recording and reporting of
sentences.
(2)
State Reentry Supervision (as provided in 61? Pa.C.S. §
6137.2)
(i) Requirement that applies
to persons committed to the Department of Corrections with an aggregate minimum
sentence of total confinement of four years or more.
(ii) At the time of sentencing, a period of
reentry supervision of 12 months shall be imposed consecutive to and in
addition to any other lawful sentence issued by the court.
(iii) The Court may impose the period of
reentry supervision required in addition to the maximum sentence permitted for
the offense for which the person was convicted.
(iv) Persons who have been granted any period
of parole during the same period of incarceration shall be deemed to have
served the reentry supervision requirement.
(3)
Mandatory period of probation for
certain sexual offenders (as provided in
42 Pa.C.S. §
9718.5)
(i) Requirement that applies to persons
convicted of an offense under
42 Pa.C.S. §
9799.14(d) (relating to
sexual offenses and tier system)
(ii) At the time of sentencing, a mandatory
period of probation of three years shall be imposed consecutive to and in
addition to any other lawful sentence issued by the court.
(iii) The court may impose the term of
probation required in addition to the maximum sentence permitted for the
offense for which the person was convicted.
This section cited in 204 Pa. Code §
303.2 (relating to procedure for
determining the guideline sentence); 204 Pa. Code §
303.9 (relating to guideline
sentence recommendation: general); 204 Pa. Code §
303.11 (relating to guideline
sentence recommendation: sentencing levels); and 204 Pa. Code §
307.4 (relating to guideline
resentence recommendations).
