Pennsylvania Act 2004-233 — JUDICIAL CODE (42 PA.C.S.) - CONSTABLES' EDUCATION AND TRAINING ACCOUNT, INFORMATION REQUIRED UPON COMMITMENT AND SUBSEQUENT DISPOSITION

Act text

JUDICIAL CODE (42 PA.C.S.) - CONSTABLES' EDUCATION AND TRAINING ACCOUNT,
     INFORMATION REQUIRED UPON COMMITMENT AND SUBSEQUENT DISPOSITION
                 Act of Dec. 1, 2004, P.L. 1778, No. 233              Cl. 42
                             Session of 2004
                               No. 2004-233

     SB 959

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for the
        Constables' Education and Training Account, for information
        required upon commitment and subsequent disposition and for
        definition of "eligible offender."

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 2949 and 9764(f) and (g) of Title 42 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 2949.  Restricted account.
        (a)  Account established.--There is hereby established a
     special restricted account within the General Fund, which shall
     be known as the Constables' Education and Training Account, for
     the purposes of financing training program expenses, the costs
     of administering the program and all other costs associated with
     the activities of the board and the implementation of this
     subchapter and as provided under subsection (f).
        (b)  Surcharge.--There is hereby assessed as a cost in each
     case before a district justice a surcharge of $5 per docket
     number in each criminal case and $5 per named defendant in each
     civil case in which a constable or deputy constable performs a
     service provided in this subchapter, except that no county shall
     be required to pay this surcharge on behalf of any indigent or
     other defendant in a criminal case.
        (c)  Disposition of funds.--The surcharges collected under
     subsection (b), if collected by a constable or deputy constable
     shall be turned over within one week to the issuing authority.
     The issuing authority shall remit the same to the Department of
     Revenue for deposit into the account.
        (d)  Disbursements.--Disbursements from the account shall be
     made by the commission.
        (e)  Audit.--The Auditor General shall conduct an audit of
     the account as he may deem necessary or advisable from time to
     time, but not less than once every three years.
        (f)  Fund surplus.--If account moneys are sufficient to meet
     the expenses and costs under subsection (a), the commission may
     allocate any surplus funds in the account to assist constables
     and deputy constables with costs associated with attendance at
     continuing education programs under section 2946 (relating to
     continuing education).
      § 9764.  Information required upon commitment and subsequent
                disposition.
        * * *
        (f)  Release from county correctional facility to State
     probation or parole.--
            (1)  Prior to the release of an inmate from a county
        correctional facility to State probation or parole
        supervision, the facility shall provide to the Board of
        Probation and Parole the information contained in subsections
        (a)(1) through (4) and (b).
            (2)  Prior to the release of an inmate from a county
        correctional facility to State probation or parole
        supervision, the facility shall provide to the inmate his
        current medications as prescribed and any customary and
        necessary medical supplies as determined by the prescribing
        physician.
        (g)  Release from county correctional facility to county
     probation or parole.--
            (1)  Prior to the release of an inmate from a county
        correctional facility to county probation or parole
        supervision, the facility shall provide to the county
        probation department the information contained in subsections
        (a)(1) through (4) and (b).
            (2)  Prior to the release of an inmate from a county
        correctional facility to county probation or parole
        supervision, the facility shall provide to the inmate his
        current medications as prescribed and any customary and
        necessary medical supplies as determined by the prescribing
        physician.
        * * *
        Section 2.  The definition of "eligible offender" in section
     9802 of Title 42 is amended to read:
      § 9802.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Eligible offender."  Subject to section 9721(a.1) (relating
     to sentencing generally), a person convicted of an offense who
     would otherwise be sentenced to a county correctional facility,
     who does not demonstrate a present or past pattern of violent
     behavior and who would otherwise be sentenced to partial
     confinement pursuant to section 9724 (relating to partial
     confinement) or total confinement pursuant to section 9725
     (relating to total confinement). The term does not include an
     offender [convicted of] with a current conviction or a prior
     conviction within the past ten years for any of the following
     offenses:
            18 Pa.C.S. § 2502 (relating to murder).
            18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
            18 Pa.C.S. § 2702 (relating to aggravated assault).
            18 Pa.C.S. § 2703 (relating to assault by prisoner).
            18 Pa.C.S. § 2704 (relating to assault by life prisoner).
            18 Pa.C.S. § 2901 (relating to kidnapping).
            18 Pa.C.S. § 3121 (relating to rape).
            18 Pa.C.S. § 3122.1 (relating to statutory sexual
        assault).
            18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
        intercourse).
            18 Pa.C.S. § 3124.1 (relating to sexual assault).
            18 Pa.C.S. § 3125 (relating to aggravated indecent
        assault).
            18 Pa.C.S. § 3126 (relating to indecent assault).
            18 Pa.C.S. § 3301 (relating to arson and related
        offenses).
            18 Pa.C.S. § 3502 (relating to burglary) when graded as a
        felony of the first degree.
            18 Pa.C.S. § 3701 (relating to robbery).
            18 Pa.C.S. § 3923 (relating to theft by extortion).
            18 Pa.C.S. § 4302 (relating to incest).
            18 Pa.C.S. § 5121 (relating to escape).
        * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 1st day of December, A. D. 2004.

     EDWARD G. RENDELL