COUNTY INTERMEDIATE PUNISHMENT ACT - REPEALED — 1990 Pa. Act 193 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 781, 1706, 2482, PRINTER'S NO. 2615
2604
INTRODUCED BY GREENLEAF, PECORA, CORMAN, AFFLERBACH, JONES,
HELFRICK, GREENWOOD, PETERSON, LEMMOND, FISHER, SHUMAKER AND
LEWIS, MARCH 20, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 19, 1990
AN ACT
1 Providing for community corrections programs as sentencing <--
2 alternatives; conferring powers and duties on the
3 Pennsylvania Commission on Crime and Delinquency; and making
4 an appropriation.
5 PROVIDING FOR COUNTY INTERMEDIATE PUNISHMENT PROGRAMS; AND <--
6 CONFERRING POWERS AND DUTIES ON THE PENNSYLVANIA COMMISSION
7 ON CRIME AND DELINQUENCY AND THE PENNSYLVANIA COMMISSION ON
8 SENTENCING; AND MAKING AN APPROPRIATION. <--
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title. <--
12 This act shall be known and may be cited as the Community
13 Corrections Program Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Board." A community corrections advisory board.
1 "Commission." The Pennsylvania Commission on Crime and
2 Delinquency.
3 "Community." A county, city or group of counties comprising
4 a judicial district.
5 "Community corrections plan." A document which describes a
6 proposed community corrections program.
7 "Community corrections program." A program provided in a
8 community for eligible offenders in lieu of incarceration.
9 "Court." The trial judge exercising sentencing jurisdiction
10 over an eligible offender under this act.
11 "Department." The Department of Corrections of the
12 Commonwealth.
13 "Nonprofit agency." A not-for-profit human service
14 organization which provides treatment, guidance, counseling,
15 training or rehabilitative services to individuals, families or
16 groups.
17 "Nonviolent offense." A property-related, drug-related,
18 alcohol-related or other offense that does nor involve serious
19 bodily injury, threats reasonably calculated to result in
20 serious bodily injury, use of a weapon or sexual contact.
21 Section 3. Purpose.
22 Community corrections programs shall be developed,
23 implemented and operated for the following purposes:
24 (1) To protect society and promote efficiency and
25 economy in the delivery of corrections services.
26 (2) To promote accountability of offenders to their
27 local community.
28 (3) To fill gaps in local correctional systems and
29 address local needs through expansion of sanctions and
30 services available to the court.
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1 (4) To provide opportunities for offenders who
2 demonstrate special needs to receive services which enhance
3 their ability to become contributing members of the
4 community.
5 Section 4. Community corrections program.
6 (a) Description.--Community corrections program options
7 include all of the following:
8 (1) Noncustodial community corrections which involve
9 close supervision, but not housing, of the offender in a jail
10 or community facility. This paragraph includes:
11 (i) Intensive supervision.
12 (ii) Victim restitution or mediation.
13 (iii) Alcohol or drug outpatient treatment.
14 (iv) House arrest and electronic monitoring.
15 (v) Psychiatric counseling.
16 (vi) Work release.
17 (viii) Community service.
18 (2) Short-term community residential treatment or
19 partial detention which involves close supervision in a
20 residential setting. This paragraph includes:
21 (i) Detoxification centers.
22 (ii) Community residential restitution centers.
23 (iii) Community residential treatment or
24 rehabilitation centers.
25 (3) Residential drug and alcohol detoxification and
26 counseling, based on objective assessments that a participant
27 is dependent on alcohol or drugs.
28 (4) Individualized services which evaluate and treat
29 offenders, including psychological and medical services,
30 education, vocational training, drug and alcohol screening
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1 and counseling, individual and family counseling, and
2 transportation subsidies.
3 (b) Eligibility.--
4 (1) An offender who meets all of the following criteria
5 may be considered eligible for entry into a community
6 corrections program:
7 (i) The offender would otherwise be incarcerated in
8 a correctional institution.
9 (ii) The offender is convicted of a nonviolent
10 offense.
11 (iii) The offender does not demonstrate a present or
12 past pattern of behavior involving violence.
13 (2) Notwithstanding any other provision of law, the
14 court is authorized to sentence an eligible defendant to an
15 appropriate community corrections program, under conditions
16 as the court may prescribe, in lieu of incarceration in a
17 State or local penal institution. The court shall set the
18 duration of the sentence for the offense committed up to the
19 maximum sentence within the appropriate sentence range and
20 shall retain the authority to amend the length, terms or
21 conditions of the sentence imposed. The court may revoke the
22 sentence due to the conduct of the defendant or the
23 termination or modification of the program to which the
24 defendant has been sentenced. The court may resentence the
25 defendant to an appropriate alternative, including
26 incarceration, for a period of time up to the maximum
27 sentence provided for the offense committed, less any time
28 actually served in a community corrections program. Community
29 corrections programs may be used in conjunction with a period
30 of incarceration or in conjunction with, or as a condition
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1 of, a term of probation.
2 Section 5. Board.
3 (a) Establishment.--To qualify for funding under this act, a
4 county must, by resolution, establish a community corrections
5 advisory board to implement a plan. The board shall consist, at
6 a minimum, of the following:
7 (1) The president judge of the judicial district
8 comprised by the community.
9 (2) A criminal defense attorney appointed by the
10 president judge of the judicial district comprised by the
11 county. The appointee must be a resident of the community.
12 (3) A representative of law enforcement from the
13 community.
14 (4) A representative of a nonprofit human service
15 agency. The representative must be approved by the
16 legislative body of the county.
17 (5) A representative of county government.
18 (6) The district attorney.
19 (7) The warden of the county prison.
20 (8) A county probation officer.
21 (9) A district justice.
22 (b) Multiple counties.--If more than one county is in the
23 community, members under subsection (a)(3) through (8) may be
24 from any participating county, as agreed upon by the counties.
25 (c) Powers and duties.--A board has the following powers and
26 duties:
27 (1) To assess community-wide needs and advise the county
28 legislative body regarding specific program options.
29 (2) To adopt a community corrections plan, including
30 program policies and regulations.
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1 (3) To enter into contracts with private providers or
2 nonprofit agencies for the provision of community corrections
3 programs.
4 (4) To monitor the effectiveness of local correctional
5 services and recommend needed modifications.
6 (5) To purchase, lease or transfer lands, buildings and
7 equipment necessary to carry out the community corrections
8 plan.
9 (6) To maintain a case record for each individual
10 admitted to a community corrections program within that
11 program's jurisdiction.
12 (7) To make an annual report on the program to the
13 county and the commission.
14 (8) To assess certain reasonable costs for services
15 under the program upon the participant.
16 (9) To develop the community corrections plan under
17 section 6.
18 Section 6. Community corrections plan.
19 (a) Requirement.--The board shall develop a community
20 corrections plan for the implementation and operation of a
21 community corrections program. The community corrections plan
22 shall provide for all of the following:
23 (1) Training programs for the board and staff.
24 (2) Public information and education programs.
25 (3) Designation of a single person or local government
26 office with overall responsibility for supervision of the
27 fiscal affairs of the program.
28 (4) Use of existing community agencies and organizations
29 whenever possible.
30 (5) Client eligibility criteria for the community
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1 corrections program.
2 (6) A mechanism whereby offenders can be linked to
3 appropriate service.
4 (7) All costs associated with the community corrections
5 program.
6 (8) For communities with more than one county, an
7 agreement as to each county's responsibilities.
8 (b) Commonwealth assistance.--The commission and the
9 department shall provide technical assistance to develop
10 community corrections plans.
11 (c) Review and approval.--Upon its approval by the county
12 legislative body, the community corrections plan shall be
13 submitted to the commission for review and approval in the
14 format designated by the commission. The commission shall
15 complete its review within 60 days of submission. Failure to
16 disapprove or recommend amendment within 60 days shall
17 constitute approval.
18 (d) Formal submission.--The plan and any proposed changes
19 thereto shall be submitted on an annual basis.
20 (e) Budget increases.--The addition of any projects or
21 services within the plan or reallocation of funds within the
22 program which result in a budget increase of 10% shall require
23 amendment to the plan and approval by the commission.
24 Section 7. Commission.
25 The commission has the following powers and duties:
26 (1) To promulgate regulations regarding:
27 (i) The submission, review and approval of community
28 corrections plans.
29 (ii) Standards for the development, operation and
30 evaluation of programs and services. Standards for
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1 probation and parole programs shall be consistent with
2 the county adult probation standards promulgated by the
3 Pennsylvania Board of Probation and Parole.
4 (iii) The administration and disbursement of funds
5 under this act.
6 (2) To provide training and technical assistance to
7 advisory boards and program staff.
8 (3) To advise the courts of the extent and availability
9 of services and programs provided under this act.
10 (4) To ensure that all programs are in compliance with
11 applicable Federal, State and local law.
12 (5) To monitor community corrections programs to
13 determine their impact on offenders.
14 (6) To remit funds appropriated by this act as grants to
15 boards.
16 Section 8. Funding and audits.
17 (a) Eligibility.--A community where community correction has
18 been approved under section 6(b) shall be eligible for a grant
19 to pay up to 50% of the total cost of the plan as determined by
20 the commission. No one project within the plan would be eligible
21 to receive more than three years of funding. This act shall not
22 prohibit the use of Federal funds.
23 (b) Audit.--Annual reports and all financial records shall
24 be subject to annual audit by the Auditor General.
25 (c) Funding.--Funding under this act shall be granted on an
26 annual basis. Funding shall be granted on the basis of local
27 need, the quality of the community corrections program,
28 consideration of whether the community corrections plan is
29 consistent with the goals of this act, the number of communities
30 served and funding availability. Funding shall be made in a
19890S0718B2615 - 8 -
1 manner to provide the equal geographic development of community
2 corrections programs. In addition, the commission shall consider
3 the following criteria pertaining to the jurisdiction in
4 question:
5 (1) Number of nonviolent commitments to correctional
6 institutions.
7 (2) Population and existing conditions at the local
8 incarceration facility.
9 (3) Rate of felony commitments per 1,000 members of the
10 population within the community.
11 (4) Population of the judicial district and percentage
12 of population between 18 and 29 years of age.
13 (5) Availability of local correctional services.
14 (6) Sufficient local service capability to support the
15 community corrections programs.
16 (7) Demonstrated involvement and support of the
17 judiciary, criminal justice or correctional officials and
18 local government.
19 Section 9. Prohibitions.
20 (a) General rule.--Recipients may not use funds granted
21 under this act to supplant existing funds from the State or
22 local government for existing correctional programs or for the
23 construction, renovation or operation of a State, county or
24 municipal incarceration facility.
25 (b) Administrative costs.--Administrative costs connected
26 with the expenditure of community corrections funds under this
27 act may not exceed a percentage amount established by the
28 commission.
29 Section 10. Continued eligibility.
30 (a) Evaluation.--In order to remain eligible for continued
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1 grant funding, a community must substantially comply with
2 commission standards and regulations and participate in an
3 evaluation to determine program effectiveness. The form of the
4 evaluation will be determined by the commission.
5 (b) Suspension of funding.--If the commission determines
6 that there are reasonable grounds to believe that a community is
7 not complying with its community corrections plan or minimum
8 standards, the commission shall give 30 days' written notice to
9 the board. If the commission finds noncompliance, it shall
10 require the board to provide a written agreement as to how and
11 when the specific deficiencies identified will be corrected. If
12 no agreement is submitted to the commission within the time
13 limit or if the deficiencies are not corrected within 45 days
14 after an agreement has been approved by the commission, the
15 commission may suspend part or all of the funding until
16 compliance is achieved.
17 Section 11. Appropriation.
18 The sum of $2,500,000 is hereby appropriated to the
19 Pennsylvania Commission on Crime and Delinquency for the fiscal
20 year July 1, 1989, to June 30, 1990, for the purpose of making
21 grants under this act, including the reasonable expenses of the
22 commission. This appropriation shall not lapse.
23 Section 12. Effective date.
24 This act shall take effect in 90 days.
25 SECTION 1. SHORT TITLE. <--
26 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE COUNTY
27 INTERMEDIATE PUNISHMENT ACT.
28 SECTION 2. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
30 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
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1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 "BOARD." A COUNTY PRISON BOARD, IN COUNTIES OF THE FIRST AND <--
3 SECOND CLASS, THE CRIMINAL JUSTICE COORDINATING COMMISSION OR
4 ITS SUCCESSOR AGENCY.
5 "COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
6 DELINQUENCY.
7 "COUNTY INTERMEDIATE PUNISHMENT PLAN." A DOCUMENT WHICH
8 DESCRIBES A PROPOSED INTERMEDIATE PUNISHMENT PROGRAM.
9 "COUNTY INTERMEDIATE PUNISHMENT PROGRAM." A RESIDENTIAL OR
10 NONRESIDENTIAL PROGRAM PROVIDED IN A COMMUNITY FOR ELIGIBLE
11 OFFENDERS.
12 "COURT." THE TRIAL JUDGE EXERCISING SENTENCING JURISDICTION
13 OVER AN ELIGIBLE OFFENDER UNDER THIS ACT.
14 "ELIGIBLE OFFENDER." A PERSON CONVICTED OF AN OFFENSE WHO
15 WOULD OTHERWISE BE SENTENCED TO A COUNTY CORRECTIONAL FACILITY,
16 WHO DOES NOT DEMONSTRATE A PRESENT OR PAST PATTERN OF VIOLENT
17 BEHAVIOR AND WHO WOULD OTHERWISE BE SENTENCED TO PARTIAL
18 CONFINEMENT PURSUANT TO 42 PA.C.S. § 9724 (RELATING TO PARTIAL
19 CONFINEMENT) OR TOTAL CONFINEMENT PURSUANT TO 42 PA.C.S. § 9725
20 (RELATING TO TOTAL CONFINEMENT). THE TERM DOES NOT INCLUDE ANY
21 OFFENDER CONVICTED OF MURDER, VOLUNTARY MANSLAUGHTER, RAPE,
22 STATUTORY RAPE, AGGRAVATED ASSAULT, ROBBERY, BURGLARY OF THE
23 FIRST DEGREE AS PROVIDED IN 18 PA.C.S. § 3502 (RELATING TO
24 BURGLARY), INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, ARSON,
25 EXTORTION ACCOMPANIED BY THREATS OF VIOLENCE, ASSAULT BY
26 PRISONER, ASSAULT BY LIFE PRISONER, KIDNAPPING, AGGRAVATED
27 INDECENT ASSAULT OR ESCAPE OR A VIOLATION OF 18 PA.C.S. § 7508
28 (RELATING TO DRUG TRAFFICKING SENTENCING AND PENALTIES).
29 "NONPROFIT AGENCY." A NOT-FOR-PROFIT HUMAN SERVICE
30 ORGANIZATION WHICH PROVIDES TREATMENT, GUIDANCE, COUNSELING,
19890S0718B2615 - 11 -
1 TRAINING OR REHABILITATION SERVICES TO INDIVIDUALS, FAMILIES OR
2 GROUPS.
3 SECTION 3. PURPOSE.
4 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS SHALL BE DEVELOPED,
5 IMPLEMENTED AND OPERATED FOR THE FOLLOWING PURPOSES:
6 (1) TO PROTECT SOCIETY AND PROMOTE EFFICIENCY AND
7 ECONOMY IN THE DELIVERY OF CORRECTIONS SERVICES.
8 (2) TO PROMOTE ACCOUNTABILITY OF OFFENDERS TO THEIR
9 LOCAL COMMUNITY.
10 (3) TO FILL GAPS IN LOCAL CORRECTIONAL SYSTEMS AND
11 ADDRESS LOCAL NEEDS THROUGH EXPANSION OF PUNISHMENT AND
12 SERVICES AVAILABLE TO THE COURT.
13 (4) TO PROVIDE OPPORTUNITIES FOR OFFENDERS WHO
14 DEMONSTRATE SPECIAL NEEDS TO RECEIVE SERVICES WHICH ENHANCE
15 THEIR ABILITY TO BECOME CONTRIBUTING MEMBERS OF THE
16 COMMUNITY.
17 SECTION 4. COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
18 (A) DESCRIPTION.--COUNTY INTERMEDIATE PUNISHMENT PROGRAM
19 OPTIONS INCLUDE ALL OF THE FOLLOWING:
20 (1) NONCUSTODIAL PROGRAMS WHICH INVOLVE CLOSE
21 SUPERVISION, BUT NOT HOUSING, OF THE OFFENDER IN A FACILITY,
22 INCLUDING BUT NOT LIMITED TO:
23 (I) INTENSIVE PROBATION SUPERVISION.
24 (II) VICTIM RESTITUTION OR MEDIATION.
25 (III) ALCOHOL OR DRUG OUTPATIENT TREATMENT.
26 (IV) HOUSE ARREST AND ELECTRONIC MONITORING.
27 (V) PSYCHIATRIC COUNSELING.
28 (VI) COMMUNITY SERVICE.
29 (2) RESIDENTIAL INPATIENT DRUG AND ALCOHOL <--
30 DETOXIFICATION AND REHABILITATION CENTERS PROGRAMS BASED ON <--
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1 OBJECTIVE ASSESSMENTS THAT AN OFFENDER IS DEPENDENT ON
2 ALCOHOL OR DRUGS OR A RESIDENTIAL REHABILITATIVE CENTER. <--
3 (3) INDIVIDUALIZED SERVICES WHICH EVALUATE AND TREAT
4 OFFENDERS, INCLUDING PSYCHOLOGICAL AND MEDICAL SERVICES,
5 EDUCATION, VOCATIONAL TRAINING, DRUG AND ALCOHOL SCREENING
6 AND COUNSELING, INDIVIDUAL AND FAMILY COUNSELING AND
7 TRANSPORTATION SUBSIDIES.
8 (4) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK RELEASE,
9 WORK CAMPS AND HALFWAY FACILITIES.
10 (B) ELIGIBILITY.--
11 (1) NO PERSON OTHER THAN THE "ELIGIBLE OFFENDER" SHALL <--
12 BE SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
13 (1) (2) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL <--
14 EMPLOY THE DEFINITION OF "ELIGIBLE OFFENDER" UNDER SECTION
15 732 TO FURTHER IDENTIFY OFFENDERS WHO WOULD BE APPROPRIATE
16 FOR PARTICIPATION IN COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
17 IN DEVELOPING THE GUIDELINES, THE COMMISSION SHALL GIVE
18 PRIMARY CONSIDERATION TO PROTECTION OF THE PUBLIC SAFETY.
19 (2) (I) THE COURT IS AUTHORIZED TO SENTENCE AN ELIGIBLE <--
20 OFFENDER TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
21 SENTENCE SHALL BE IMPOSED PURSUANT TO 42 PA.C.S. § 9763
22 (RELATING TO SENTENCE OF INTERMEDIATE PUNISHMENT). THE
23 COURT MAY AT ANY TIME TERMINATE A SENTENCE OF
24 INTERMEDIATE PUNISHMENT OR INCREASE OR LESSEN THE
25 CONDITIONS OF SENTENCE PURSUANT TO 42 PA.C.S. § 9773
26 (RELATING TO MODIFICATION OR REVOCATION OF INTERMEDIATE
27 PUNISHMENT SENTENCE). IN ADDITION, THE COURT SHALL HAVE
28 THE AUTHORITY TO IMPOSE REASONABLE COSTS OF PARTICIPATION
29 IN THE PROGRAM UPON THE OFFENDER.
30 (II) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
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1 (3) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO <--
2 75 PA.C.S. § 3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF
3 ALCOHOL OR A CONTROLLED SUBSTANCE) MAY ONLY BE SENTENCED TO
4 INTERMEDIATE PUNISHMENT PROGRAM IN:
5 (A) (I) A RESIDENTIAL INPATIENT PROGRAM OR A <--
6 RESIDENTIAL REHABILITATIVE CENTER; OR
7 (B) (II) HOUSE ARREST OR ELECTRONIC SURVEILLANCE <--
8 COMBINED WITH DRUG AND ALCOHOL TREATMENT.
9 SECTION 5. BOARDS.
10 (A) DUTY OF BOARD.--TO QUALIFY FOR FUNDING UNDER THIS ACT, A
11 BOARD MUST DEVELOP A COUNTY INTERMEDIATE PUNISHMENT PROGRAM PLAN
12 TO BE SUBMITTED TO THE COMMISSION.
13 (B) JOINT JUDICIAL DISTRICTS.--WHERE TWO COUNTIES COMPRISE A
14 JOINT JUDICIAL DISTRICT, THE COUNTIES MAY JOINTLY SUBMIT A PLAN,
15 WHICH SHALL REQUIRE THE CONCURRENCE OF A MAJORITY OF MEMBERS
16 FROM THE BOARDS OF EACH COUNTY. THE PRESIDENT JUDGE OF THE
17 JUDICIAL DISTRICT SHALL CHAIR THE MEETINGS OF BOTH BOARDS FOR
18 ACTIONS NECESSARY PURSUANT TO THIS ACT.
19 (C) COUNTIES WITH NO BOARD.--IF A COUNTY OF THE SIXTH,
20 SEVENTH OR EIGHTH CLASS DOES NOT HAVE A PRISON BOARD, THE COUNTY
21 SHALL ESTABLISH AN INTERMEDIATE PUNISHMENT BOARD FOR THE PURPOSE
22 OF COMPLYING WITH THE REQUIREMENTS OF THIS ACT. THE INTERMEDIATE
23 PUNISHMENT BOARD SHALL CONSIST OF THE PRESIDENT JUDGE OF THE
24 COURT OF COMMON PLEAS OR HIS DESIGNEE, THE DISTRICT ATTORNEY,
25 THE SHERIFF, THE CONTROLLER AND THE COUNTY COMMISSIONERS.
26 (D) POWERS AND DUTIES.--A BOARD HAS THE FOLLOWING POWERS AND
27 DUTIES:
28 (1) TO ASSESS AVAILABLE COUNTYWIDE CORRECTIONAL SERVICES
29 AND FUTURE NEEDS.
30 (2) TO WORK WITH THE COUNTY OFFICE OF PROBATION AND
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1 PAROLE IN DEVELOPING THE COUNTY INTERMEDIATE PUNISHMENT PLAN.
2 (3) TO ADOPT A COUNTY INTERMEDIATE PUNISHMENT PLAN,
3 INCLUDING PROGRAM POLICES FOR ADMINISTRATION.
4 (4) TO ENTER INTO MAKE RECOMMENDATIONS TO THE BOARD OF <--
5 COUNTY COMMISSIONERS, OR CHIEF EXECUTIVE OFFICER IN COUNTIES OF
6 THE FIRST CLASS, ON CONTRACTS WITH PRIVATE PROVIDERS OR
7 NONPROFIT AGENCIES FOR THE PROVISION OF INTERMEDIATE PUNISHMENT
8 PROGRAMS.
9 (5) TO MONITOR THE EFFECTIVENESS OF COUNTY CORRECTIONAL
10 SERVICES AND IDENTIFY NEEDED MODIFICATIONS.
11 (6) TO MAKE RECOMMENDATIONS TO THE BOARD OF COUNTY <--
12 COMMISSIONERS, OR CHIEF EXECUTIVE OFFICER IN COUNTIES OF THE
13 FIRST CLASS, REGARDING THE PURCHASE, LEASE OR TRANSFER LANDS,
14 BUILDINGS AND EQUIPMENT NECESSARY TO CARRY OUT THE
15 INTERMEDIATE PUNISHMENT PLAN.
16 (7) TO DESIGNATE THE APPROPRIATE COUNTY OFFICE TO
17 MAINTAIN A CASE RECORD FOR EACH INDIVIDUAL ADMITTED TO A
18 COUNTY INTERMEDIATE PUNISHMENT PROGRAM WITHIN THE COUNTY.
19 (8) TO MAKE AN ANNUAL REPORT ON THE PROGRAM TO THE
20 GOVERNING BODY OF THE COUNTY, THE PENNSYLVANIA COMMISSION ON
21 SENTENCING AND THE COMMISSION.
22 (9) TO DEVELOP THE COUNTY INTERMEDIATE PUNISHMENT PLAN
23 UNDER SECTION 6.
24 SECTION 6. COUNTY INTERMEDIATE PUNISHMENT PLAN.
25 (A) REQUIREMENT.--THE BOARD SHALL MAY DEVELOP A PLAN FOR THE <--
26 IMPLEMENTATION AND OPERATION OF INTERMEDIATE PUNISHMENT PROGRAMS
27 IN THE COUNTY. THE PLAN SHALL PROVIDE FOR ALL OF THE FOLLOWING:
28 (1) TRAINING PROGRAMS FOR THE BOARD AND STAFF.
29 (2) PUBLIC INFORMATION AND EDUCATION PROGRAMS.
30 (3) DESIGNATION OF AN ENTITY OR COUNTY GOVERNMENT OFFICE
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1 WITH OVERALL RESPONSIBILITY FOR SUPERVISION OF FISCAL AFFAIRS
2 OF THE PROGRAM.
3 (4) USE OF EXISTING COMMUNITY AGENCIES AND ORGANIZATIONS
4 WHENEVER POSSIBLE.
5 (5) A MECHANISM TO ADVISE THE COURTS OF THE EXTENT AND
6 AVAILABILITY OF SERVICES AND PROGRAMS PROVIDED UNDER THE
7 PLAN.
8 (6) ALL COSTS ASSOCIATED WITH THE COUNTY INTERMEDIATE
9 PUNISHMENT PROGRAM.
10 (7) FOR JOINT JUDICIAL DISTRICTS, AN AGREEMENT AS TO
11 EACH COUNTY'S RESPONSIBILITIES.
12 (B) TECHNICAL ASSISTANCE.--THE COMMISSION SHALL PROVIDE
13 TECHNICAL ASSISTANCE TO DEVELOP COMMUNITY CORRECTIONS PLANS.
14 (C) REVIEW AND APPROVAL.--THE PLAN AND GRANT APPLICATION <--
15 SHALL BE SUBMITTED TO THE COMMISSION FOR REVIEW AND APPROVAL IN
16 THE FORMAT DESIGNATED BY THE COMMISSION. THE COMMISSION SHALL
17 COMPLETE ITS REVIEW WITHIN 90 DAYS OF SUBMISSION. FAILURE TO
18 DISAPPROVE OR RECOMMEND AMENDMENT WITHIN 90 DAYS SHALL
19 CONSTITUTE APPROVAL.
20 (D) FORMAL SUBMISSION.--THE PLAN AND GRANT APPLICATION AND <--
21 ANY PROPOSED CHANGES THERETO SHALL BE SUBMITTED ON AN ANNUAL
22 BASIS.
23 (E) BUDGET INCREASES.--THE ADDITION OF ANY PROJECTS OR <--
24 SERVICES WITHIN THE PLAN OR REALLOCATION OF FUNDS WITHIN A
25 PROGRAM WHICH RESULTS IN A BUDGET INCREASE OF 10% SHALL REQUIRE
26 AMENDMENT TO THE PLAN AND APPROVAL BY THE COMMISSION.
27 SECTION 7. COMMISSION.
28 THE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES: <--
29 (1) TO PROMULGATE REGULATIONS REGARDING:
30 (A) POWERS AND DUTIES.--THE COMMISSION SHALL HAVE THE <--
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1 FOLLOWING POWERS AND DUTIES:
2 (1) SUBJECT TO THE PROVISIONS OF SUBSECTION (B), TO
3 ADOPT RULES AND REGULATIONS PURSUANT TO THIS ACT REGARDING:
4 (I) THE SUBMISSION, REVIEW AND APPROVAL OF COUNTY
5 INTERMEDIATE PUNISHMENT PLANS AND GRANT APPLICATIONS. <--
6 (II) STANDARDS FOR THE DEVELOPMENT, OPERATION AND
7 EVALUATION OF PROGRAMS AND SERVICES. IN PROMULGATING
8 REGULATIONS UNDER THIS SUBPARAGRAPH, THE COMMISSION SHALL
9 CONSIDER COMMENTS SUBMITTED BY THE COUNTIES.
10 (III) THE ADMINISTRATION AND DISBURSEMENT OF FUNDS
11 UNDER THIS ACT.
12 (2) TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO
13 BOARDS AND PROGRAM STAFF.
14 (3) TO ENSURE THAT ALL PROGRAMS ARE IN COMPLIANCE WITH
15 APPLICABLE FEDERAL, STATE AND LOCAL LAW.
16 (4) TO MONITOR COUNTY INTERMEDIATE PUNISHMENT PROGRAMS
17 TO DETERMINE THEIR IMPACT ON OFFENDERS.
18 (5) TO REMIT FUNDS APPROPRIATED BY THIS ACT AS GRANTS TO <--
19 BOARDS. AS PROVIDED FOR UNDER SECTION 8. <--
20 (B) INTERIM REGULATIONS.--PENDING ADOPTION AND PUBLICATION
21 OF FINAL RULES AND REGULATIONS, THE COMMISSION SHALL HAVE THE
22 POWER AND AUTHORITY TO PROMULGATE, ADOPT, PUBLISH AND USE
23 INTERIM REGULATIONS FOR THE IMPLEMENTATION OF THIS ACT FOR A
24 PERIOD OF ONE YEAR IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
25 THE REMAINDER OF THIS ACT OR UNTIL THE EFFECTIVE DATE OF FINAL
26 RULES AND REGULATIONS, WHICHEVER FIRST OCCURS. NOTWITHSTANDING
27 ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE INTERIM
28 REGULATIONS PROPOSED UNDER THE AUTHORITY OF THIS SECTION SHALL
29 BE SUBJECT TO REVIEW BY THE GENERAL COUNSEL AND THE ATTORNEY
30 GENERAL IN THE MANNER PROVIDED FOR THE REVIEW OF PROPOSED RULES
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1 AND REGULATIONS PURSUANT TO THE ACT OF OCTOBER 15, 1980
2 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, AND
3 SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO THE ACT OF JUNE 25,
4 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.
5 SECTION 8. FUNDING AND AUDITS.
6 (A) ELIGIBILITY.--COUNTIES SUBJECT TO THE AVAILABILITY OF <--
7 FUNDING, COUNTIES SUBMITTING PLANS AND GRANT APPLICATIONS TO THE <--
8 COMMISSION SHALL BE ELIGIBLE FOR DIRECT FUNDING 50% TO 80% OF
9 THE TOTAL COST OF THE PROGRAM AS DETERMINED BY THE COMMISSION.
10 THIS ACT SHALL NOT PROHIBIT THE USE OF FEDERAL FUNDS.
11 (B) AUDIT.--ANNUAL REPORTS AND ALL FINANCIAL RECORDS SHALL
12 BE SUBJECT TO ANNUAL AUDIT BY THE AUDITOR GENERAL.
13 (C) FUNDING.--FUNDING UNDER THIS ACT SHALL BE GRANTED ON AN <--
14 ANNUAL BASIS. FUNDING UNDER THIS ACT SHALL BE REVIEWED ON AN <--
15 ANNUAL BASIS. FUNDING SHALL BE GRANTED ON THE BASIS OF LOCAL
16 NEED, THE QUALITY OF THE COUNTY INTERMEDIATE PUNISHMENT PROGRAM,
17 CONSIDERATION OF WHETHER THE PLAN IS CONSISTENT WITH THE GOALS
18 OF THIS ACT, THE EXTENT OF THE COUNTY SERVED AND FUNDING
19 AVAILABILITY. FUNDING SHALL BE MADE IN A MANNER TO PROVIDE THE
20 EQUAL GEOGRAPHIC DEVELOPMENT OF COUNTY INTERMEDIATE PUNISHMENT
21 PROGRAMS. IN ADDITION, THE COMMISSION SHALL CONSIDER THE
22 FOLLOWING CRITERIA PERTAINING TO THE JURISDICTION IN QUESTION:
23 (1) NUMBER OF NONVIOLENT COMMITMENTS TO THE COUNTY
24 CORRECTIONAL FACILITIES.
25 (2) POPULATION AND EXISTING CONDITIONS AT THE COUNTY
26 CORRECTIONAL INSTITUTION.
27 (3) POPULATION OF THE COUNTY AND PERCENTAGE OF
28 POPULATION BETWEEN 18 AND 29 YEARS OF AGE.
29 (4) SUFFICIENT LOCAL SERVICE CAPABILITY TO SUPPORT THE
30 COMMUNITY CORRECTIONS PROGRAMS.
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1 (5) DEMONSTRATED INVOLVEMENT AND SUPPORT OF THE
2 JUDICIARY, CRIMINAL JUSTICE AND CORRECTIONAL OFFICIALS AND
3 LOCAL GOVERNMENT.
4 SECTION 9. PROHIBITIONS.
5 (A) GENERAL RULE.--RECIPIENTS MAY NOT USE FUNDS GRANTED
6 UNDER THIS ACT TO SUPPLANT EXISTING FUNDS FROM THE STATE OR
7 LOCAL GOVERNMENT FOR EXISTING CORRECTIONAL PROGRAMS OR FOR THE
8 CONSTRUCTION, RENOVATION OR OPERATION OF A STATE, COUNTY OR
9 MUNICIPAL INCARCERATION FACILITY EXCEPT AS PROVIDED BY SECTION
10 714 OF THE ACT OF JULY 1, 1990 (P.L.315, NO.71), KNOWN AS THE
11 PRISON FACILITIES IMPROVEMENT ACT.
12 (B) ADMINISTRATIVE COSTS.--ADMINISTRATIVE COSTS CONNECTED
13 WITH THE EXPENDITURE OF COUNTY INTERMEDIATE PUNISHMENT FUNDS
14 UNDER THIS ACT MAY NOT EXCEED A PERCENTAGE AMOUNT ESTABLISHED BY
15 THE COMMISSION.
16 SECTION 10. CONTINUED ELIGIBILITY.
17 (A) EVALUATION.--IN ORDER TO REMAIN ELIGIBLE FOR CONTINUED
18 GRANT FUNDING, A COUNTY MUST COMPLY WITH COMMISSION STANDARDS
19 AND REGULATIONS AND PARTICIPATE IN AN EVALUATION TO DETERMINE
20 PROGRAM EFFECTIVENESS. THE FORM OF THE EVALUATION WILL BE
21 DETERMINED BY THE COMMISSION.
22 (B) SUSPENSION OF FUNDING.--IF THE COMMISSION DETERMINES
23 THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A COUNTY IS
24 NOT COMPLYING WITH ITS PLAN OR MINIMUM STANDARDS, THE COMMISSION
25 SHALL GIVE 30 DAYS' WRITTEN NOTICE TO THE BOARD. IF THE
26 COMMISSION FINDS NONCOMPLIANCE, IT SHALL REQUIRE THE BOARD TO
27 PROVIDE A WRITTEN AGREEMENT AS TO HOW AND WHEN THE SPECIFIC
28 DEFICIENCIES IDENTIFIED WILL BE CORRECTED. IF NO AGREEMENT IS
29 SUBMITTED TO THE COMMISSION WITHIN THE TIME LIMIT OR IF THE
30 DEFICIENCIES ARE NOT CORRECTED WITHIN 45 DAYS AFTER AN AGREEMENT
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1 HAS BEEN APPROVED BY THE COMMISSION, THE COMMISSION MAY SUSPEND
2 PART OR ALL OF THE FUNDING UNTIL COMPLIANCE IS ACHIEVED.
3 SECTION 11. APPLICATION OF ACT TO CERTAIN GRANTS.
4 (A) LIMITATIONS.--NO GRANT SHALL BE AWARDED TO ANY COUNTY
5 UNDER SECTION 714 OF THE ACT OF JULY 1, 1990 (P.L.315, NO.71),
6 KNOWN AS THE PRISON FACILITIES IMPROVEMENT ACT, UNTIL THE
7 APPLICANT COUNTY SHALL HAVE SUBMITTED AN INTERMEDIATE PUNISHMENT
8 PLAN UNDER THIS ACT.
9 (B) MATCHING FUNDS.--ANY LOCAL COUNTY FUNDS EXPENDED OR <--
10 COMMITTED FOR PURPOSES OF THIS ACT SHALL MAY ALSO QUALIFY FOR
11 LOCAL MATCHING FUNDS FOR PURPOSES OF SECTION 714 OF THE PRISON
12 FACILITIES IMPROVEMENT ACT.
13 (B) MATCHING FUNDS.--ANY COUNTY FUNDS EXPENDED OR COMMITTED <--
14 FOR THE DEVELOPMENT OF AN INTERMEDIATE PUNISHMENT PLAN AND FOR
15 THE OPERATION OF INTERMEDIATE PUNISHMENT PROGRAMS PURSUANT TO
16 THIS ACT SHALL ALSO QUALIFY FOR LOCAL MATCHING FUNDS FOR
17 PURPOSES OF SECTION 714 OF THE ACT OF JULY 1, 1990 (P.L.315,
18 NO.71), KNOWN AS THE PRISON FACILITIES IMPROVEMENT ACT.
19 SECTION 12. APPROPRIATION USE OF FEDERAL FUNDS. <--
20 THE SUM OF $2,500,000 IS HEREBY APPROPRIATED TO THE <--
21 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY FOR THE FISCAL
22 YEAR JULY 1, 1991, TO JUNE 30, 1992, FOR THE PURPOSE OF MAKING
23 GRANTS UNDER THIS ACT, INCLUDING THE REASONABLE EXPENSES OF THE
24 COMMISSION. THIS APPROPRIATION SHALL NOT LAPSE. NOTHING IN THIS
25 ACT SHALL PROHIBIT THE USE OF FEDERAL FUNDS FOR THE FUNDING OF
26 COMMUNITY INTERMEDIATE PUNISHMENT PROGRAMS. THE GENERAL ASSEMBLY
27 DIRECTS THE COMMISSION TO EXAMINE THE AVAILABILITY OF FEDERAL
28 FUNDS FOR THE IMPLEMENTATION OF THIS ACT.
29 SECTION 13. NONAPPLICATION OF CERTAIN PROVISIONS. <--
30 THE PROVISIONS OF THE ACT OF JULY 12, 1972 (P.L.762, NO.180),
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1 REFERRED TO AS THE INTERGOVERNMENTAL COOPERATION LAW, SHALL NOT
2 APPLY TO COUNTIES WHICH JOINTLY SUBMIT A PLAN UNDER THE
3 PROVISIONS OF THIS ACT.
4 SECTION 14. CONSTRUCTION OF ACT.
5 NOTHING IN THIS ACT SHALL CREATE AN ENFORCEABLE RIGHT IN ANY
6 PERSON TO PARTICIPATE IN AN INTERMEDIATE PUNISHMENT PROGRAM IN
7 LIEU OF INCARCERATION. NOTHING IN THIS ACT SHALL REQUIRE ANY
8 COUNTY TO APPROPRIATE FUNDS FOR THE IMPLEMENTATION OF AN
9 INTERMEDIATE PUNISHMENT PROGRAM EXCEPT AS MAY BE NECESSARY TO
10 QUALIFY FOR FUNDS UNDER THIS ACT OR UNDER THE ACT OF JULY 1,
11 1990 (P.L.315, NO.71), KNOWN AS THE PRISON FACILITIES
12 IMPROVEMENT ACT.
13 SECTION 13 15. EFFECTIVE DATE. <--
14 THIS ACT SHALL TAKE EFFECT JULY 1, 1991 IMMEDIATELY. <--
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