PRINTER'S NO. 1131
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1042
Session of
2025
INTRODUCED BY N. NELSON, MIHALEK, HILL-EVANS, SANCHEZ, BOYD,
CURRY AND D. WILLIAMS, MARCH 25, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2025
AN ACT
1 Amending Titles 61 (Prisons and Parole) and 63 (Professions and
2 Occupations (State Licensed)) of the Pennsylvania
3 Consolidated Statutes, in general administration, providing
4 for earned vocational training and education credit; in
5 Pennsylvania Board of Probation and Parole, further providing
6 for parole power and for short sentence parole; and, in
7 powers and duties, further providing for consideration of
8 criminal convictions.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Chapter 11 of Title 61 of the Pennsylvania
12 Consolidated Statutes is amended by adding a subchapter to read:
13 SUBCHAPTER E
14 EARNED VOCATIONAL TRAINING AND EDUCATION CREDIT
15 Sec.
16 1181. Scope and purpose of subchapter.
17 1182. Earned vocational training and education credit.
18 1183. Rules and regulations.
19 § 1181. Scope and purpose of subchapter.
20 This subchapter relates to earned vocational training and
21 education credits. This subchapter seeks to encourage inmate
 1 participation and completion of inmate vocational training and
2 education programs for the purposes of improving public safety
3 outcomes.
4 § 1182. Earned vocational training and education credit.
5 (a) Training and credit.--Except as provided under this
6 section, an inmate sentenced on or after the effective date of
7 this section and incarcerated under the supervision of the
8 department shall earn vocational training and education credit
9 toward sentence reduction according to the following schedule:
10 (1) Up to 90 days for completing a vocational education
11 program as determined by the department.
12 (2) 90 days for completing programming required by the
13 department.
14 (3) 120 days for attaining a general education
15 development or high school diploma.
16 (4) Up to 90 days for completing a course offered from
17 an institution of higher education, as determined by the
18 department.
19 (5) 180 days for attaining a degree from an institution
20 of higher education.
21 (b) Limitation.--An inmate may not earn vocational training
22 and education credits under subsection (a) in excess of one-
23 fourth of the inmate's minimum sentence. Credits earned shall
24 not be applied until the inmate has completed programming
25 required by the department. Credits shall not be applied if the
26 inmate has less than four months to serve before parole
27 eligibility.
28 (c) Exclusions.--An inmate sentenced for a conviction under
29 any of the following may not earn vocational training and
30 education credits under subsection (a):
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 1 (1) 18 Pa.C.S. § 2502 (relating to murder).
2 (2) 18 Pa.C.S. § 3011(b) (relating to trafficking in
3 individuals).
4 (3) 18 Pa.C.S. § 3012 (relating to involuntary
5 servitude).
6 (4) 18 Pa.C.S. § 3121 (relating to rape).
7 (5) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual
8 assault).
9 (6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
10 sexual intercourse).
11 (7) 18 Pa.C.S. § 3125(b) (relating to aggravated
12 indecent assault).
13 (8) A crime subject to a mandatory term of imprisonment
14 under 42 Pa.C.S. § 9714 (relating to sentences for second and
15 subsequent offenses), 9717 (relating to sentences for
16 offenses against elderly persons), 9718 (relating to
17 sentences for offenses against infant persons) or 9718.1
18 (relating to sexual offender treatment).
19 (d) Parole.--The board may exercise its power to parole an
20 inmate at the expiration of the minimum term of imprisonment
21 fixed by the court sentence less any earned vocational training
22 and education credits as provided under this subchapter.
23 (e) Notice.--Eligibility for earned vocational training and
24 education credits shall be considered an element of the
25 disposition and sentence for the purposes of notice requirements
26 under section 213(f) of the act of November 24, 1998 (P.L.882,
27 No.111), known as the Crime Victims Act.
28 § 1183. Rules and regulations.
29 The department and board may adopt and promulgate rules and
30 regulations as deemed necessary to implement and administer this
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 1 subchapter.
2 Section 2. Sections 6137(a)(3) and (3.1)(i) and (g)(2),
3 (2.1), (4) introductory paragraph and (5) and 6137.1(b) of Title
4 61 are amended to read:
5 § 6137. Parole power.
6 (a) General criteria for parole.--
7 * * *
8 (3) The power to parole granted under this section to
9 the board may not be exercised in the board's discretion at
10 any time before, but only after, the expiration of the
11 minimum term of imprisonment fixed by the court in its
12 sentence, less any vocational training and education credits
13 under Subchapter E of Chapter 11 (relating to earned
14 vocational training and education credit), or by the Board of
15 Pardons in a sentence which has been reduced by commutation.
16 (3.1) (i) Following the expiration of the offender's
17 minimum term of imprisonment, less any vocational
18 training and education credits under Subchapter E of
19 Chapter 11, if the primary reason for not paroling the
20 offender is the offender's inability to access and
21 complete prescribed programming within the correctional
22 institution, the board may release the offender on parole
23 with the condition that the offender complete the
24 prescribed programming while on parole.
25 * * *
26 (g) Procedures for Recidivism Risk Reduction Incentive.--
27 * * *
28 (2) Upon identification of an inmate as an eligible
29 offender, as defined under section 4503 (relating to
30 definitions), the department shall send notice to the board.
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 1 The board shall send notice to the prosecuting attorney and
2 the court no less than six months before the expiration of
3 the offender's minimum sentence or the inmate's minimum
4 sentence less any vocational training and educational credits
5 under Subchapter E of Chapter 11, whichever occurs first,
6 indicating that the department has preliminarily identified
7 the offender as an eligible offender. The notice shall be
8 sent by United States mail unless the board, the court and
9 the prosecutor have consented to receipt of notice via
10 electronic means. For offenders committed to the department
11 whose expiration of the minimum sentence is six months or
12 less from the date of admission, the department shall give
13 prompt notice.
14 (2.1) The department shall provide the board all
15 information related to the offender's adjustment while
16 incarcerated, misconducts, if any, information related to
17 programming and treatment, including success, completion or
18 failure to complete, any vocational training and education
19 credit earned under Subchapter E of Chapter 11, or any other
20 information the department deems relevant. The board shall
21 send such information to the prosecuting attorney and to the
22 court no less than six months before the expiration of the
23 offender's minimum sentence. The notice may be sent
24 electronically. For offenders committed to the department
25 whose expiration of the minimum sentence is six months or
26 less from the date of admission, such information shall be
27 sent at the same time prompt notice under paragraph (2) is
28 given.
29 * * *
30 (4) If no notice of objection has been filed under
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 1 paragraph (3), the eligible offender shall be paroled at the
2 minimum date, or the minimum date less any vocational
3 training and education credits under Subchapter E of Chapter
4 11, whichever occurs first, upon a determination by the board
5 or the board's designee that all of the following apply:
6 * * *
7 (5) If the court or prosecuting attorney files a timely
8 objection under paragraph (3), the board shall make a
9 determination as to whether the offender is an eligible
10 offender. The board shall notify the department, prosecuting
11 attorney and court of its determination no later than 30 days
12 prior to the minimum parole date[.], or a minimum parole date
13 less any earned vocational training and education credits
14 under Subchapter E of Chapter 11, whichever occurs first. If
15 the board determines that the offender is an eligible
16 offender under this chapter, the board shall follow the
17 provisions under paragraph (4). If the board determines that
18 the offender is not an eligible offender under section 4503
19 (relating to definitions), the board shall retain exclusive
20 jurisdiction to grant parole and shall determine whether the
21 offender should be paroled at the minimum date, less any
22 earned vocational training and education credits under
23 Subchapter E of Chapter 11, paroled at a later date or denied
24 parole.
25 * * *
26 § 6137.1. Short sentence parole.
27 * * *
28 (b) Approval of parole.--The board shall, without requiring
29 an interview, approve for parole a person eligible for short
30 sentence parole under this section at the expiration of the
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 1 person's minimum date or recidivism risk reduction incentive
2 minimum date, less any earned vocational training and education
3 credits under Subchapter E of Chapter 11 (relating to earned
4 vocational training and education credit), whichever is shorter.
5 If the person was committed to the department after expiration
6 of the person's minimum date, the board shall approve the person
7 for parole within 30 days after commitment to the department.
8 * * *
9 Section 3. Section 3113(c)(6) and (e)(1) of Title 63 are
10 amended to read:
11 § 3113. Consideration of criminal convictions.
12 * * *
13 (c) Individualized assessment.--A licensing board or
14 licensing commission shall conduct an individualized assessment
15 of the individual with respect to criminal convictions and
16 rehabilitation. The licensing board or licensing commission
17 shall only consider the following factors in order to determine
18 whether the individual meets the requirements for issuance of a
19 license, certificate, registration or permit under subsection
20 (b)(1) or (b)(2):
21 * * *
22 (6) Successful completion of education and training
23 activities, including those in a county correctional facility
24 or the Department of Corrections, and earning of vocational
25 training and education credits, if applicable.
26 * * *
27 (e) Crimes of violence.--An individual convicted of a crime
28 of violence as defined in 42 Pa.C.S. § 9714 (relating to
29 sentences for second and subsequent offenses) may be granted a
30 license, registration, certificate or permit by a licensing
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 1 board or licensing commission if all of the following apply:
2 (1) If the individual was incarcerated, at least three
3 years have elapsed since release from incarceration. The
4 period of three years shall be tolled for a violation of
5 parole. The period of three years under this paragraph shall
6 be reduced by a period of time equal to any earned vocational
7 training and education credits under 61 Pa.C.S. Ch. 11 Subch.
8 E (relating to earned vocational training and education
9 credit).
10 * * *
11 Section 4. This act shall take effect in one year.
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Statutes/Laws affected:
Printer's No. 1131: 61-11