PRINTER'S NO. 1469
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1357
Session of
2021
INTRODUCED BY MAKO, BERNSTINE, MILLARD AND BURGOS, MAY 7, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 2021
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 61
2 (Prisons and Parole) of the Pennsylvania Consolidated
3 Statutes, in judicial boards and commissions, further
4 providing for definitions and for publication of guidelines
5 for sentencing, resentencing and parole, risk assessment
6 instrument and recommitment ranges following revocation; in
7 depositions and witnesses, further providing for confidential
8 communications involving law enforcement officers and for
9 confidential communications to peer support members; in
10 juvenile matters, further providing for inspection of court
11 files and records; in particular rights and immunities,
12 further providing for immunity of State parole officers and
13 for immunity of program administrators and supervisors; in
14 post-trial matters, further providing for postconviction DNA
15 testing; in sentencing, further providing for mandatory
16 period of probation for certain sexual offenders, for
17 disposition of persons found guilty but mentally ill, for
18 information required upon commitment and subsequent
19 disposition, for judicial power to release inmates, for
20 transfer of inmates in need of medical treatment, for
21 applicability, for registry, for initial registration, for
22 duty to inform, for enforcement, for assessments, for
23 verification by sexual offenders and Pennsylvania State
24 Police, for administration, for global positioning system
25 technology, for immunity for good faith conduct, for
26 Pennsylvania State Police, for duties of probation and parole
27 officials, for board, for annual performance audit, for
28 applicability, for registration, for registration procedures
29 and applicability, for assessments, for administration, for
30 global positioning system technology, for immunity for good
31 faith conduct, for duties of Pennsylvania State Police, for
32 duties of Pennsylvania Board of Probation and Parole, for
33 board and for annual performance audit; in other criminal
34 provisions, further providing for supervisory relationship to
 1 offenders; in preliminary provisions, further providing for
2 definitions; in general administration, providing for powers
3 of peace officers; in community corrections centers and
4 community corrections facilities, further providing for
5 definitions, for department, for offenders who may be housed,
6 for authority of Commonwealth employees, for authority of
7 chairman and for escape and providing for certain offenders
8 residing in group-based homes and for reporting; in
9 Pennsylvania Board of Probation and Parole, further providing
10 for definitions, for operation of parole system generally,
11 for Pennsylvania Parole Board, for board chairperson, for
12 board action, for meetings and for offices, repealing
13 provisions relating to district directors, to district office
14 employees, to disciplinary action and to certain offenders
15 residing in group-based homes, further providing for general
16 powers of board and for specific powers of board involving
17 parolees, repealing provisions relating to probation
18 services, further providing for sentencing court to transmit
19 records to board, for general criteria for parole by court,
20 for right of access to inmates, for parole power, for
21 violation of terms of parole, for parole procedure, for
22 victim statements, testimony and participation in hearing,
23 for general rules and special regulations and for early
24 parole of inmates subject to Federal removal order and
25 repealing provisions relating to definitions, to status as
26 peace officers and to supervisory relationship to offenders;
27 providing for supervision of offenders and for agents; in
28 county probation officers' firearm education and training,
29 further providing for definitions; in Interstate Compacts,
30 further providing for Interstate Compact for the Supervision
31 of Adult Offenders application fee, for deputization and for
32 supervision of persons paroled by other states; conferring
33 powers and imposing duties on the Department of Corrections;
34 providing for the transfer of functions, powers and duties of
35 the Pennsylvania Board of Probation and Parole and for
36 appropriations for the Office of Victim Advocate; and making
37 editorial changes.
38 The General Assembly of the Commonwealth of Pennsylvania
39 hereby enacts as follows:
40 Section 1. The definition of "board" in section 2151.1 of
41 Title 42 of the Pennsylvania Consolidated Statutes is amended to
42 read:
43 § 2151.1. Definitions.
44 The following words and phrases when used in this subchapter
45 shall have the meanings given to them in this section unless the
46 context clearly indicates otherwise:
47 "Board." The Pennsylvania [Board of Probation and] Parole
48 Board.
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 1 * * *
2 Section 2. Sections 2155(a)(1) introductory paragraph and
3 (vi), 5950(d), 5952(d), 6307(a)(6.5), 8332.7, 8340, 9543.1(f)
4 (6), 9718.5(d) and 9727(a), (b)(1), (c) and (f)(3) of Title 42
5 are amended to read:
6 § 2155. Publication of guidelines for sentencing, resentencing
7 and parole, risk assessment instrument and
8 recommitment ranges following revocation.
9 (a) General rule.--The commission shall:
10 (1) Prior to adoption, publish in the Pennsylvania
11 Bulletin all proposed sentencing guidelines, resentencing
12 guidelines following revocation of probation, [county
13 intermediate punishment and State intermediate punishment]
14 guidelines for restrictive conditions of probation, parole
15 guidelines, risk assessment instrument and recommitment
16 ranges following revocation by the board of paroles granted,
17 and hold public hearings not earlier than 30 days and not
18 later than 60 days thereafter to afford an opportunity for
19 the following persons and organizations to testify:
20 * * *
21 (vi) [State Board of Probation and] Pennsylvania
22 Parole Board.
23 * * *
24 § 5950. Confidential communications involving law enforcement
25 officers.
26 * * *
27 (d) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "Coparticipant." An individual who participates in a group
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 1 critical incident stress management team intervention.
2 "Critical incident." A situation responded to by a law
3 enforcement officer which presents or involves either the death
4 or serious bodily injury of an individual or the imminent
5 potential of such death or serious bodily injury, or any
6 situation faced by a law enforcement officer in the course of
7 duty which causes or may cause the law enforcement officer to
8 experience unusually strong negative emotional reactions.
9 "Critical Incident Stress Management Network." A network
10 that meets the requirements of membership with the Pennsylvania
11 Voluntary Critical Incident Stress Management Network as
12 administered by the Department of Health and is registered with
13 the International Critical Incident Stress Foundation.
14 "Critical incident stress management services."
15 Consultation, risk assessment, education, intervention,
16 briefing, defusing, debriefing, onsite services, referral and
17 other crisis intervention services provided by a critical
18 incident stress management team to a law enforcement officer
19 prior to, during or after a critical incident.
20 "Critical incident stress management team member." An
21 individual who is specially trained to provide critical incident
22 stress management services as a member of a police agency or
23 organization critical incident stress management team that holds
24 membership in the Commonwealth's critical incident stress
25 management network.
26 "Government unit." The General Assembly and its officers and
27 agencies; the Governor and the departments, boards, commissions,
28 authorities and officers and agencies of the Commonwealth or
29 other instrumentalities thereof; any political subdivision,
30 municipality, school district or other local authority and the
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 1 departments, boards, commissions, authorities and officers and
2 agencies of such political subdivisions or other
3 instrumentalities thereof; and any court or other officer or
4 agency of the unified judicial system or instrumentality
5 thereof.
6 "Law enforcement officer." Any of the following:
7 (1) A member of the Pennsylvania State Police.
8 (2) Any enforcement officer or investigator employed by
9 the Pennsylvania Liquor Control Board.
10 (3) A parole agent[, enforcement officer and
11 investigator of the Pennsylvania Board of Probation and
12 Parole] of the Department of Corrections.
13 (4) A Capitol Police officer.
14 (5) A Department of Conservation and Natural Resources
15 ranger.
16 (6) A drug enforcement agent of the Office of Attorney
17 General whose principal duty is the enforcement of the drug
18 laws of this Commonwealth and a special agent of the Office
19 of Attorney General whose principal duty is the enforcement
20 of the criminal laws of this Commonwealth.
21 (7) Any member of a port authority or other authority
22 police department.
23 (8) Any police officer of a county, region, city,
24 borough, town or township.
25 (9) Any sheriff or deputy sheriff.
26 (10) A member of the Pennsylvania Fish Commission.
27 (11) A Pennsylvania Wildlife Conservation Officer.
28 (12) A member of a campus police force with the power to
29 arrest under section 2416 of the act of April 9, 1929
30 (P.L.177, No.175), known as The Administrative Code of 1929.
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 1 As used in this paragraph, the term "campus police" has the
2 meaning given in section 302 of the act of November 29, 2004
3 (P.L.1383, No.180), known as the Uniform Crime Reporting Act.
4 (13) A member of the Fort Indiantown Gap Police Force.
5 § 5952. Confidential communications to peer support members.
6 * * *
7 (d) Definitions.--As used in this section, the following
8 words and phrases shall have the meanings given to them in this
9 subsection:
10 "Coparticipant." An individual who participates in the
11 provision of peer support services.
12 "Government unit." The General Assembly and its officers and
13 agencies; the Governor and the departments, boards, commissions,
14 authorities and officers and agencies of the Commonwealth or
15 other instrumentalities thereof; any political subdivision,
16 municipality, school district, local authority and the
17 departments, boards, commissions, authorities and officers and
18 agencies of such political subdivisions or other
19 instrumentalities thereof; and any court or other officer or
20 agency of the unified judicial system or instrumentality
21 thereof.
22 "Law enforcement officer." Any of the following:
23 (1) A member of the Pennsylvania State Police.
24 (2) Any enforcement officer or investigator employed by
25 the Pennsylvania Liquor Control Board.
26 (3) A parole agent[, enforcement officer and
27 investigator of the Pennsylvania Board of Probation and
28 Parole] of the Department of Corrections.
29 (4) A Capitol Police officer.
30 (5) A Department of Conservation and Natural Resources
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 1 ranger.
2 (6) A drug enforcement agent of the Office of Attorney
3 General whose principal duty is the enforcement of the drug
4 laws of this Commonwealth and a special agent of the Office
5 of Attorney General whose principal duty is the enforcement
6 of the criminal laws of this Commonwealth.
7 (7) Any member of a port authority or other authority
8 police department.
9 (8) Any police officer of a county, region, city,
10 borough, town or township.
11 (9) Any sheriff or deputy sheriff.
12 (10) A member of the Pennsylvania Fish and Boat
13 Commission.
14 (11) A Pennsylvania Wildlife Conservation Officer.
15 (12) A member of a campus police force with the power to
16 arrest under section 2416 of the act of April 9, 1929
17 (P.L.177, No.175), known as The Administrative Code of 1929.
18 As used in this paragraph, the term "campus police" has the
19 meaning given in section 302 of the act of November 29, 2004
20 (P.L.1383, No.180), known as the Uniform Crime Reporting Act.
21 (13) A member of the Fort Indiantown Gap Police Force.
22 "Peer support member." A law enforcement officer who:
23 (1) Is assigned by a law enforcement agency.
24 (2) Receives a minimum of 24 hours of basic training in
25 peer services, including listening, assessment and referral
26 skills and basic critical incident stress management.
27 (3) Receives eight hours of continuing training each
28 year.
29 (4) May be supervised by licensed psychologists.
30 § 6307. Inspection of court files and records.
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 1 (a) General rule.--All files and records of the court in a
2 proceeding under this chapter are open to inspection only by:
3 * * *
4 (6.5) The Department of [Public Welfare] Human Services
5 for use in determining whether an individual named as the
6 perpetrator of an indicated report of child abuse should be
7 expunged from the Statewide database.
8 * * *
9 § 8332.7. Immunity of State parole officers.
10 (a) Assistance of law enforcement personnel.--In addition to
11 the provisions of [section 27 of the act of August 6, 1941
12 (P.L.861, No.323), referred to as the Pennsylvania Board of
13 Probation and Parole Law,] 61 Pa.C.S. § 6181 (relating to status
14 as peace officers) or any other law, any parole officer
15 appointed by the [Pennsylvania Board of Probation and Parole]
16 Department of Corrections who, after obtaining permission in
17 advance from a person authorized by the [Pennsylvania Board of
18 Probation and Parole] Secretary of Corrections, assists Federal,
19 State or local law enforcement officers or agents or county
20 probation officers in the lawful performance of their duties
21 shall be considered to be acting within the scope of his
22 official duty for all purposes of law and shall enjoy any
23 benefit or immunity conferred upon an employee of the
24 Commonwealth.
25 (b) Assistance of criminal victims.--In addition to any
26 other immunity provided by law, any parole officer appointed by
27 the [Pennsylvania Board of Probation and Parole] Secretary of
28 Corrections who is entitled to immunity under section 8331.3
29 (relating to criminal victim aid good Samaritan civil immunity)
30 as a result of providing assistance to a victim of a crime shall
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 1 be considered to be acting within the scope of his official duty
2 while providing assistance to the victim for all purposes of law
3 and shall enjoy any benefit or immunity conferred upon an
4 employee of the Commonwealth.
5 § 8340. Immunity of program administrators and supervisors.
6 Any probation officer or agent of the [Pennsylvania Board of
7 Probation and Parole] Department of Corrections and any public
8 service or charitable agency or organization or political
9 subdivision, or any official or employee thereof, supervising or
10 administering any restitution or community service program
11 approved by the court of common pleas or the [Pennsylvania Board
12 of Probation and Parole] Department of Corrections shall be
13 immune from any civil action for damages brought by or on behalf
14 of any person involved in the program or damages caused by any
15 person involved in the program. Nothing in this section shall be
16 construed to limit or otherwise affect or preclude liability
17 resulting from gross negligence or intentional misconduct or
18 reckless misconduct.
19 § 9543.1. Postconviction DNA testing.
20 * * *
21 (f) Posttesting procedures.--
22 * * *
23 (6) If DNA testing conclusively identifies the DNA
24 profile of the applicant on probative and inculpatory
25 evidence, the court shall dismiss the petition and may make
26 any further orders that are appropriate. An order under this
27 parag