Regular Session 2023-2024 House Bill 1678 P.N. 2812

PRIOR PRINTER'S NOS. 1980, 1986

PRINTER'S NO. 2812

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1678

Session of

2023

INTRODUCED BY N. NELSON, MIHALEK, FREEMAN, MADDEN, KAZEEM,

SANCHEZ, KHAN, PARKER, HILL-EVANS, BOROWSKI, CEPEDA-FREYTIZ,

KRAJEWSKI, KUZMA, GAYDOS, GREEN, RABB, KIM, WEBSTER AND

TAKAC, SEPTEMBER 13, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 26, 2024

AN ACT

Amending Titles 61 (Prisons and Parole) and 63 (Professions and

Occupations (State Licensed)) of the Pennsylvania

Consolidated Statutes, in general administration, providing

for earned vocational training and education credit; in

recidivism risk reduction incentive, further providing for

recidivism risk reduction incentive minimum; in Pennsylvania

Board of Probation and Parole, further providing for parole

power and for short sentence parole; and, in powers and

duties, further providing for consideration of criminal

convictions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 11 of Title 61 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER E

EARNED VOCATIONAL TRAINING AND EDUCATION CREDIT

Sec.

1181. Scope and purpose of subchapter.

1182. Earned vocational training and education credit.

1183. Rules and regulations.

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§ 1181. Scope and purpose of subchapter.

This subchapter relates to earned vocational training and

education credits. This subchapter seeks to encourage inmate

participation and completion of inmate vocational training and

education programs for the purposes of improving public safety

outcomes.

§ 1182. Earned vocational training and education credit.

(a) Training and credit.--Except as provided under this

section, an inmate sentenced on or after the effective date of

this section and incarcerated under the supervision of the

department shall earn vocational training and education credit

toward sentence reduction according to the following schedule:

(1) 10 days per month for regular participation in any

inmate education or vocational training services provided by

the Bureau of Correction Education up to an amount not to

exceed 90 days per program.

(2) 90 days for completing a vocational education

program.

(3) 90 days for attaining a general education

development (GED).

(4) 120 days for attaining a high school diploma.

(5) 180 days for attaining a degree from an institution

of higher education.

(b) Limitation.--An inmate may not earn vocational training

and education credits under subsection (a) in excess of one-

fourth of the inmate's minimum sentence AND SHALL ONLY RECEIVE

SUCH CREDIT ON COMPLETION OF PROGRAMMING REQUIRED BY THE

DEPARTMENT .

any of the following may not earn vocational training and

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education credits under subsection (a):

(1) 18 Pa.C.S. § 2502 (relating to murder).

(2) 18 Pa.C.S. § 3011(b) (relating to trafficking in

individuals).

(3) 18 Pa.C.S. § 3012 (relating to involuntary

servitude).

(4) 18 Pa.C.S. § 3121 (relating to rape).

(5) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual

assault).

(6) 18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

(7) 18 Pa.C.S. § 3125(b) (relating to aggravated

indecent assault).

(8) A crime subject to a mandatory term of imprisonment

under 42 Pa.C.S. § 9717 (relating to sentence for offenses

against elderly persons), 9718 (relating to sentences for

offenses against infant persons) or 9718.1 (relating to

sexual offender treatment).

(d) Parole.--The board may exercise its power to parole an

inmate at the expiration of the minimum term of imprisonment

fixed by the court sentence less any earned vocational training

and education credits as provided under this subchapter.

§ 1183. Rules and regulations.

The department and board may promulgate rules and regulations

as deemed necessary to implement and administer this subchapter.

Section 2. Section 4506 of Title 61 is amended by adding a

subsection to read:

§ 4506. Recidivism risk reduction incentive minimum.

* * *

(e) Effect of earned education credits.--If an inmate, who

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has been sentenced to a recidivism risk reduction incentive

minimum sentence, has earned vocational training and education

credits under Subchapter E of Chapter 11 (relating to earned

vocational training and education credit) and, at the expiration

of that recidivism risk reduction incentive minimum sentence,

less any earned vocational training and education credits, has

met the requirements in subsection (a), the board or a designee

shall issue a decision to parole, without further review by the

board, at that date.

Section 3 2. Sections 6137(a)(3) and (3.1)(i) and (g)(2),

(2.1), (4) introductory paragraph and (5) and 6137.1(b) of Title

61 are amended to read:

§ 6137. Parole power.

(a) General criteria for parole.--

* * *

(3) The power to parole granted under this section to

the board may not be exercised in the board's discretion at

any time before, but only after, the expiration of the

minimum term of imprisonment fixed by the court in its

sentence, less any vocational training and education credits

under Subchapter E of Chapter 11 (relating to earned

vocational training and education credit), or by the Board of

Pardons in a sentence which has been reduced by commutation.

(3.1) (i) Following the expiration of the offender's

minimum term of imprisonment, less any vocational

training and education credits under Subchapter E of

Chapter 11, if the primary reason for not paroling the

offender is the offender's inability to access and

complete prescribed programming within the correctional

institution, the board may release the offender on parole

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with the condition that the offender complete the

prescribed programming while on parole.

* * *

(g) Procedures for Recidivism Risk Reduction Incentive.--

* * *

(2) Upon identification of an inmate as an eligible

offender, as defined under section 4503 (relating to

definitions), the department shall send notice to the board.

The board shall send notice to the prosecuting attorney and

the court no less than six months before the expiration of

the offender's minimum sentence or the inmate's minimum

sentence less any vocational training and educational credits

under Subchapter E of Chapter 11, whichever occurs first,

indicating that the department has preliminarily identified

the offender as an eligible offender. The notice shall be

sent by United States mail unless the board, the court and

the prosecutor have consented to receipt of notice via

electronic means. For offenders committed to the department

whose expiration of the minimum sentence is six months or

less from the date of admission, the department shall give

prompt notice.

(2.1) The department shall provide the board all

information related to the offender's adjustment while

incarcerated, misconducts, if any, information related to

programming and treatment, including success, completion or

failure to complete, any vocational training and education

credit earned under Subchapter E of Chapter 11, or any other

information the department deems relevant. The board shall

send such information to the prosecuting attorney and to the

court no less than six months before the expiration of the

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offender's minimum sentence. The notice may be sent

electronically. For offenders committed to the department

whose expiration of the minimum sentence is six months or

less from the date of admission, such information shall be

sent at the same time prompt notice under paragraph (2) is

given.

* * *

(4) If no notice of objection has been filed under

paragraph (3), the eligible offender shall be paroled at the

minimum date, or the minimum date less any vocational

training and education credits under Subchapter E of Chapter

11, whichever occurs first, upon a determination by the board

or the board's designee that all of the following apply:

* * *

(5) If the court or prosecuting attorney files a timely

objection under paragraph (3), the board shall make a

determination as to whether the offender is an eligible

offender. The board shall notify the department, prosecuting

attorney and court of its determination no later than 30 days

prior to the minimum parole date[.] or a minimum parole date

less any earned vocational training and education credits

under Subchapter E of Chapter 11, whichever occurs first. If

the board determines that the offender is an eligible

offender under this chapter, the board shall follow the

provisions under paragraph (4). If the board determines that

the offender is not an eligible offender under section 4503

(relating to definitions), the board shall retain exclusive

jurisdiction to grant parole and shall determine whether the

offender should be paroled at the minimum date, less any

earned vocational training and education credits under

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Subchapter E of Chapter 11, paroled at a later date or denied

parole.

* * *

§ 6137.1. Short sentence parole.

* * *

(b) Approval of parole.--The board shall, without requiring

an interview, approve for parole a person eligible for short

sentence parole under this section at the expiration of the

person's minimum date or recidivism risk reduction incentive

minimum date, less any earned vocational training and education

credits under Subchapter E of Chapter 11 (relating to earned

vocational training and education credit), whichever is shorter.

If the person was committed to the department after expiration

of the person's minimum date, the board shall approve the person

for parole within 30 days after commitment to the department.

* * *

Section 4 3. Section 3113(c)(6) and (e)(1) of Title 63 are

amended to read:

§ 3113. Consideration of criminal convictions.

* * *

licensing commission shall conduct an individualized assessment

of the individual with respect to criminal convictions and

rehabilitation. The licensing board or licensing commission

shall only consider the following factors in order to determine

whether the individual meets the requirements for issuance of a

license, certificate, registration or permit under subsection

(b)(1) or (b)(2):

* * *

(6) Successful completion of education and training

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activities, including those in a county correctional facility

or the Department of Corrections or an earned vocational

training and education credit, if applicable.

* * *

(e) Crimes of violence.--An individual convicted of a crime

of violence as defined in 42 Pa.C.S. § 9714 (relating to

sentences for second and subsequent offenses) may be granted a

license, registration, certificate or permit by a licensing

board or licensing commission if all of the following apply:

(1) If the individual was incarcerated, at least three

years have elapsed since release from incarceration. The

period of three years shall be tolled for a violation of

parole. The period of three years under this paragraph shall

be reduced by a period of time equal to any vocational

training and education credits under 61 Pa.C.S. Ch. 11 Subch.

E (relating to earned vocational training and education

credit).

* * *

Section 5 4. This act shall take effect in 60 days.

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