2009 Pa. Act 49 | Pennsylvania Act 2009-49 — JUDICIAL CODE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
	Act of Oct. 9, 2009, P.L. 494, No. 49	Cl. 42

Session of 2009

No. 2009-49

HB 1607

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, consolidating the law relating to constables; in Title 42, further providing for deposits into the Judicial System Augmentation Account and providing for surcharges; in Title 44, repealing obsolete provisions on recidivism and revising provisions on second and third class cities, on boroughs, on townships, on the Constables' Education and Training Board, on use of firearms, on the Constables' Education and Training Account and on statutory authority; making editorial changes; and making related repeals.

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

Section 1. Subchapter C of Chapter 29 of Title 42 of the Pennsylvania Consolidated Statutes is repealed:

[SUBCHAPTER C

CONSTABLES

2941. Definitions.

2942. Conduct and insurance.

2943. Board established.

2944. Program established.

2945. Program contents.

2946. Continuing education.

2947. Automatic certification.

2948. Use of firearms.

2949. Restricted account.

2950. Fees.

§ 2941. Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Account." The Constables' Education and Training Account established in section 2949 (relating to restricted account).

"Board." The Constables' Education and Training Board established in section 2943 (relating to board established).

"Commission." The Pennsylvania Commission on Crime and Delinquency of the Commonwealth.

"Court." The minor judiciary or any other court in this Commonwealth.

"Judicial duties." Those services specified in section 2950 (relating to fees).

"Term of office of a deputy constable." The term of office of the constable who appointed him.

§ 2942. Conduct and insurance.

(a) Certification.--After the establishment, implementation and administration of the Constables' Education and Training Program created under sections 2944 (relating to program established) and 2945 (relating to program contents), no constable or deputy constable shall perform any judicial duties nor demand or receive any fee, surcharge or mileage provided by this subchapter unless he has been certified under this subchapter.

(b) Liability insurance.--Every constable and deputy constable must file with the clerk of courts proof that he has, currently in force, a policy of professional liability insurance covering each individual in the performance of his judicial duties with a minimum coverage of $250,000 per incident and a minimum aggregate of $500,000 per year. However, no constable or deputy constable shall be required to file such proof until six months after the effective date of this act. The Constables' Education and Training Board shall immediately investigate and implement the most cost-effective method of achieving liability insurance for constables and deputy constables under this subsection.

(c) Loss of certification.--Any constable or deputy constable who fails, neglects or refuses to maintain a current insurance policy as required by subsection (b) or to file proof thereof with the clerk of courts shall cease automatically to be certified to perform judicial duties upon the expiration of the policy of which proof has been filed with the clerk of courts.

(d) Recertification.--Any constable or deputy constable who ceases to be certified to perform judicial duties as a result of the operation of subsection (c) may later be recertified immediately by filing with the clerk of courts proof that such insurance has been in force continuously since the officer was last certified to perform judicial duties. In the case of a violation of subsection (c), the individual may be recertified by complying with subsection (b).

(e) Limitations on liability.--The provisions of this subchapter shall not be deemed to impose respondeat superior liability on any county.

(f) Conduct.--While a constable or deputy constable is performing duties other than judicial duties, regardless of whether or not he is certified under this subchapter, he shall not in any manner hold himself out to be active as an agent, employee or representative of any court, magisterial district judge or judge.

§ 2943. Board established.

(a) Board created.--There is hereby established within the commission an advisory board to be known as the Constables' Education and Training Board.

(b) Composition.--The board shall be composed of the Pennsylvania State Police Commissioner or his designee and six other members appointed by the Governor with the consent of a majority of the members of the Senate:

(1) Three persons who shall be constables.

(2) One person who shall be a magisterial district judge.

(3) One person who shall be a court administrator.

(4) One person who shall be a county commissioner.

(c) Appointments and terms.--Members shall serve for three-year terms and may be appointed for more than one additional consecutive term. If a member who serves by virtue of public office ceases to represent the class to which he was appointed, his membership in the commission shall terminate immediately, and a new member shall be appointed in the same manner as his predecessor to fill the unexpired portion of the term. No constable may be appointed, be reappointed or serve as a board member unless he is certified under this subchapter.

(d) Vacancy.--A member appointed to fill a vacancy created by any reason other than expiration of a term shall be appointed for the unexpired term of the member whom he is to succeed in the same manner as the original appointment.

(e) Expenses.--The members of the board shall serve without compensation but shall be reimbursed the necessary and actual expenses incurred in attending meetings of the board and in the performance of their duties under this subchapter.

(f) Removal.--Members of the board may be removed by the appointing authority for good cause upon written notice from the appointing authority specifically setting forth the cause for removal.

(g) Chairman elected.--The members of the board shall elect a chairman from among the members to serve for a period of one year. A chairman may be elected to serve successive terms. The Governor shall designate the first chairman for organizational purposes only.

(h) Meetings.--The chairman shall summon the members of the board to the first meeting within 30 days after his appointment or within 30 days after the appointment of a sufficient number of members to constitute a quorum, whichever is later. The board shall meet as often as it deems necessary but at least four times each year. Meetings may be called by the chairman of the board or by any four members thereof, in either case upon at least ten days' written notice to all members of the board. A quorum shall consist of four members.

§ 2944. Program established.

The board, with the review and approval of the commission, shall:

(1) Establish, implement and administer the Constables' Education and Training Program according to the minimum requirements set forth in this subchapter.

(2) Establish, implement and administer requirements for the minimum courses of study and training for constables and deputy constables.

(3) Establish, implement and administer requirements for courses of study and in-service training for constables and deputy constables.

(4) Establish, implement and administer requirements for a continuing education program for constables and deputy constables concerning subjects the board may deem necessary and appropriate for the continued education and training of constables and deputy constables.

(5) Approve or revoke the approval of any school which may be utilized for the educational and training requirements of this subchapter.

(6) Establish the minimum qualifications for instructors and certify instructors.

(7) Consult, cooperate and contract with universities, colleges, law schools, community colleges and institutes for the development of basic and continuing education courses for constables and deputy constables.

(8) Promote the most efficient and economical program for constable and deputy constable training by utilizing existing facilities, programs and qualified State and local personnel.

(9) Certify constables and deputy constables who have satisfactorily completed the basic and continuing education and training requirements of this subchapter and issue appropriate certificates to them.

(10) Make rules and regulations and perform other duties as may be reasonably necessary or appropriate to administer the education and training program for constables and deputy constables.

(11) In consultation with the Insurance Commissioner, monitor the price and availability of the liability insurance required by section 2942(b) (relating to conduct and insurance) and, if deemed necessary by the board, provide information and coordination to assure the availability and competitive pricing of such insurance.

(12) Make an annual report to the Governor and to the General Assembly concerning:

(i) The administration of the Constables' Education and Training Program.

(ii) The activities of the board.

(iii) The costs of the program.

(iv) Proposed changes, if any, in this subchapter.

§ 2945. Program contents.

The Constables' Education and Training Program shall include training for a total of 80 hours, the content of which shall be determined by regulation. The training shall include instruction in the interpretation and application of the fees provided for in section 2950 (relating to fees). Any constable or deputy constable who is in office as of the effective date of this subchapter shall be afforded one and only one opportunity prior to the expiration of his current term to satisfactorily complete this program by examination without the necessity of class attendance.

§ 2946. Continuing education.

The board, with the review and approval of the commission, shall establish a mandatory continuing education program for constables and deputy constables, which shall include no more than 40 hours per year, concerning subjects the board may deem necessary and appropriate for the continued education and training of constables and deputy constables.

§ 2947. Automatic certification.

All constables and deputy constables who are in office as of the effective date of this subchapter shall be deemed to be certified under and in compliance with sections 2945 (relating to program contents) and 2946 (relating to continuing education) for the balance of their current term of office or until the constables and deputy constables have been provided an opportunity to complete the education and training in accordance with section 2945 or 2946, whichever is sooner.

§ 2948. Use of firearms.

(a) Standards.--The Constables' Education and Training Board, with the review and approval of the Pennsylvania Commission on Crime and Delinquency, shall establish standards for the certification or qualification of constables and deputy constables to carry or use firearms in the performance of any duties.

(b) Certification and qualification.--Until such time as the board establishes the standards pursuant to subsection (a), no constable or deputy constable shall carry or use a firearm in the performance of any duties unless he is currently certified or qualified in firearms under at least one of the following:

(1) The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.

(2) The act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act.

(3) The act of February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs' Education and Training Act.

(c) Availability.--In accordance with subsection (b), the firearms portion of the education and training under the listed laws shall be made available to constables and deputy constables.

§ 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 magisterial district judge 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).

§ 2950. Fees.

(a) Travel or mileage.--Actual mileage for travel by motor vehicle shall be reimbursed at a rate equal to the highest rate allowed by the Internal Revenue Service. If travel is by other than motor vehicle, reimbursement shall be for actual vouchered travel expenses.

(b) Apportionment.--If more than one defendant is transported simultaneously, reimbursements shall be for actual miles traveled, and the travel cost shall be divided between or among the defendants.

(c) Additional persons.--A constable or deputy constable when he is transporting a prisoner, serving a felony or misdemeanor warrant or serving a warrant on a juvenile or a defendant of the opposite sex may, at his discretion, be accompanied by a second constable or deputy constable who is certified under section 2947 (relating to automatic certification) to perform judicial duties. In such cases, each officer shall receive the fee set out in this section. In all other civil, landlord-tenant and summary criminal cases, the issuing authority may authorize payment to a second officer.

(d) Civil and landlord-tenant cases.--In civil and landlord-tenant cases, constable fees must be paid in advance to the court for services desired to be performed. These fees shall not be refundable to the plaintiff if a case is settled or a debt is satisfied less than 48 hours prior to a scheduled sale or ejectment, in which latter case the constable or deputy constable shall be paid for holding the sale or carrying out an ejectment, respectively.

(e) Payment.--All civil, landlord-tenant and criminal fees shall be paid by the court to the constable as soon as possible and in no case not more than 15 days in civil and landlord-tenant cases and 30 days in criminal cases after the service is performed and a proper request for payment is submitted, provided that, in criminal cases where the books and accounts of the relevant county offices are payable on a monthly basis, payment shall be made not more than 15 days after the close of the month.

(f) Civil and landlord-tenant cases.--Fees in civil and landlord-tenant cases shall be as follows:

(1) For serving complaint, summons or notice on suitor or tenant, either personally or by leaving a copy, $13, plus $5 for each additional defendant at the same address, $2.50 for each return of service, plus mileage.

(2) For levying goods, including schedule of property levied upon and set aside, notice of levy and return of service, $75, plus mileage.

(3) For advertising personal property for public sale, $7 per posting (maximum of $21), plus mileage, plus actual cost of advertising.

(4) For selling goods levied, clerk, receipts and returns to court, $85, plus mileage.

(5) For making return of not found, $13, plus mileage. Payment shall be limited to three returns of not found.

(6) For executing order of possession, $13, plus $5 for each additional defendant at the same address, $2.50 for each return of service, plus mileage.

(7) For ejectment, $90, $2.50 for each return of service, plus mileage.

(8) For making any return of service other than not found, $2.50 each.

(9) For providing courtroom security as ordered, $13 per hour, assessed against one or more parties as determined by the court.

(10) Actual mileage for travel by motor vehicle shall be reimbursed at the rate equal to the highest rate allowed by the Internal Revenue Service. If travel is by other than motor vehicle, reimbursement shall be for actual vouchered travel expenses.

(g) Criminal cases.--Fees in criminal cases shall be as follows:

(1) For executing each warrant of arrest, or for effectuating the payment of fines and costs by attempting to execute each warrant of arrest, $25 for each docket number and $2.50 for each return of service, plus mileage.

(2) For taking custody of a defendant, $5 per defendant.

(3) For conveyance of defendant to or from court, $5 per defendant.

(4) For attendance at arraignment or hearing, $13.

(5) For executing discharge, $5 per defendant.

(6) For executing commitment, $5 per defendant.

(7) For executing release, $5 per defendant.

(8) For making returns to the court, $2.50.

(9) Transporting each nonincarcerated defendant to jail, $17, plus mileage; transporting an incarcerated prisoner, $38 per prisoner, plus an hourly rate of $13 per hour, plus mileage. Computation of hourly rate will apply after the expiration of the first hour per prisoner per hour, not to exceed $26 per hour per constable.

(10) Receipt of the fees for transporting a nonincarcerated defendant under paragraph (9) shall not exclude receipt of the fees under paragraphs (6) and (8) for that transport.

(11) Receipt of the fees for transporting an incarcerated prisoner under paragraph (9) shall exclude receipt of the fees under paragraphs (2), (3), (4) and (7) for that transport.

(12) Actual mileage for travel by motor vehicle shall be reimbursed at the rate equal to the highest rate allowed by the Internal Revenue Service. If travel is by other than motor vehicle, reimbursement shall be for actual vouchered travel expenses.

(13) For conveying defendants for fingerprinting, $17 per defendant, plus $13 per hour beyond the first hour per defendant per hour, not to exceed $26 per hour per constable, plus mileage.

(14) For holding one or more defendants at the office of a magisterial district judge, $13 per hour per defendant beyond the first half hour.

(15) For courtroom security as ordered, $13 per hour, assessed against one or more parties as determined by the court.

(16) In all criminal cases wherein the defendant is discharged or indigent or the case is otherwise dismissed, the court shall assess to the county the fee provided in this section, except that in cases of private criminal complaints wherein the defendant is discharged prior to the indictment or the filing of any information or the case is otherwise dismissed at the summary offense hearing, the court shall assess the fee to the affiant.

(h) Subpoenas.--For serving district court-issued subpoenas for civil, landlord-tenant or criminal matters, $13 for first witness, plus $5 for each additional witness at the same address, $2.50 return of service for each subpoena, plus mileage. The same fee shall be payable for attempting to serve a subpoena at a wrong address supplied by the party requesting the service.

(i) Similar fees.--For civil, landlord-tenant and criminal services not specifically provided for, the court shall pay the same fees as it pays for services that it determines to be similar to those performed.]

Section 1.1. Section 3733(a.1)(1)(iii), (iv) and (v) of Title 42 are amended to read:

§ 3733. Deposits into account.

(a.1) Additional fees.--

(1) In addition to the court costs and filing fees authorized to be collected by statute:

(iii) An additional fee of $10 shall be charged by the clerks of courts of all courts of common pleas, or by any officials designated to perform the functions thereof, for the initiation of any criminal proceeding for which a fee, charge or cost is now authorized and a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.

(iv) An additional fee of $10 shall be charged and collected by the minor judiciary, including magisterial district judges, Philadelphia Municipal Court, Philadelphia Traffic Court and Pittsburgh [Magistrates] Municipal Court, for the initiation of a legal proceeding for which a fee or cost is now authorized, except that in criminal, summary and traffic matters the fee shall be charged only when a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.

(v) An additional fee of $10 shall be charged and collected by the recorders of deeds and clerks of court, or by any officials designated to perform similar functions, for each filing of a deed, mortgage or property transfer for which a fee, charge or cost is now authorized. The Supreme Court shall designate by financial regulations which filings meet the criteria of this subparagraph.

Section 1.2. Title 42 is amended by adding a section to read:

§ 3733.1. Surcharge.

(a) Imposition of surcharge.--In addition to each fee imposed under section 3733(a.1) (relating to deposits into account), except as set forth in subsection (b), the following apply:

(1) A surcharge of $11.25 shall be charged and collected for a period of 25 months beginning on the effective date of this section.

(2) A permanent fee of $2.25 shall be charged and collected.

(b) Exceptions.--Subsection (a) does not apply to a conviction or guilty plea based on the filing of a traffic citation charging an offense under 75 Pa.C.S. (relating to vehicles) which is classified as summary under a State statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure.

(1) The surcharge under subsection (a)(1) shall be allocated as follows:

(i) One dollar shall be deposited into the Access to Justice Account.

(ii) The remainder of money shall be deposited into a separate reserve account within the Judicial Computer System Augmentation Account. Notwithstanding section 3732 (relating to utilization of funds in account), money deposited under this subparagraph is hereby appropriated to the Supreme Court, upon compliance with Article XV of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, for the operation of the Judicial Department.

(2) The fee under subsection (a)(2) shall be deposited into the Criminal Justice Enhancement Account.

Section 1.3. Chapter 53 of Title 44 is repealed:

[CHAPTER 53

RECIDIVISM RISK REDUCTION INCENTIVE

Sec.

5301. Scope of chapter.

5302. Purpose.

5303. Definitions.

5304. Recidivism risk reduction incentive programs.

5305. Sentencing.

5306. Recidivism risk reduction incentive minimum.

5307. Authority of board.

5308. Written guidelines and regulations.

5309. Evaluation.

5310. Reports.

5311. Construction.

5312. Applicability.

§ 5301. Scope of chapter.

This chapter relates to recidivism risk reduction incentive.

§ 5302. Purpose.

This chapter seeks to create a program that ensures appropriate punishment for persons who commit crimes, encourages prisoner participation in evidence-based programs that reduce the risks of future crime and ensures the openness and accountability of the criminal justice process while ensuring fairness to crime victims.

§ 5303. 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:

"Board." The Pennsylvania Board of Probation and Parole.

"Commission." The Pennsylvania Commission on Sentencing.

"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter or the president judge or the president judge's designee if the original trial judge is no longer serving as a judge of the sentencing court.

"Defendant." An individual charged with a criminal offense.

"Department." The Department of Corrections of the Commonwealth.

"Eligible offender." A defendant or prisoner convicted of a criminal offense who will be committed to the custody of the department and who meets all of the following eligibility requirements:

(1) Does not demonstrate a history of present or past violent behavior.

(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or the equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(3) Has not been found guilty or previously convicted or adjudicated delinquent for or an attempt or conspiracy to commit a personal injury crime as defined under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation:

(i) 18 Pa.C.S. § 4302 (relating to incest).

(ii) 18 Pa.C.S. § 5901 (relating to open lewdness).

(iii) 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

(iv) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

(v) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(vi) 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child pornography).

(vii) Received a criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).

(viii) Any offense listed under 42 Pa.C.S. § 9795.1 (relating to registration).

(5) Is not awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the defendant to become ineligible under this definition.

(6) Has not been found guilty or previously convicted of violating section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the sentence was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking sentencing and penalties).

"Program plan." An individualized plan recommended by the Department of Corrections that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific prisoner.

§ 5304. Recidivism risk reduction incentive programs.

(a) Authorization.--Subject to the provisions of this chapter, the department is authorized to create or otherwise designate treatment or other programs as recidivism risk reduction incentive programs.

(b) Intent.--This chapter is intended to encourage eligible offenders committed to the custody of the department to participate in and successfully complete evidence-based programs under this chapter that reduce the likelihood of recidivism and improve public safety.

(c) Program requirements.--In accordance with the provisions of this chapter, the department may designate a treatment program or other program as a recidivism risk reduction incentive program if there is appropriate scientific research that demonstrates that the proposed program would likely reduce overall recidivism rates or serious crime rates of program participants. A recidivism risk reduction incentive program designed to provide treatment in the form of a therapeutic community for drug abuse or addiction shall meet the requirements of an institutional therapeutic community as defined under 42 Pa.C.S. § 9903 (relating to definitions).

(d) Consultation.--The department shall consult with appropriate research and technical assistance organizations, such as the National Institute of Justice, the National Institute of Corrections and the American Correctional Association, concerning evidence-based programs that reduce recidivism risks of prisoners and the scientific research relating to those programs.

(e) Program approval process.--

(1) The department shall publish, in a manner reasonably calculated to inform, a detailed description of the program, the types of offenders who will be eligible to participate in the program, the name and citation of research reports that demonstrate the effectiveness of the proposed program and the name and address of a department contact person responsible for receiving public comments. On the same date as publication, the department shall also deliver a copy of the list to the Judiciary Committee of the Senate, the Judiciary Committee of the House of Representatives, the board, the commission and the victim advocate.

(2) Upon consideration of the public comments and the expiration of at least 60 days from the date of publication required under paragraph (1), the department may designate any program published as approved for inclusion in the recidivism risk reduction incentive program.

§ 5305. Sentencing.

(a) Generally.--At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.

(b) Waiver of eligibility requirements.--The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue. The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(c) Recidivism risk reduction incentive minimum sentence.--If the court determines that the defendant is an eligible offender or the prosecuting attorney has waived the eligibility requirements under subsection (b), the court shall enter a sentencing order that does all of the following:

(1) Imposes the minimum and maximum sentences as required under 42 Pa.C.S. § 9752 (relating to sentencing proceeding generally).

(2) Imposes the recidivism risk reduction incentive minimum sentence. The recidivism risk reduction incentive minimum shall be equal to three-fourths of the minimum sentence imposed when the minimum sentence is three years or less. The recidivism risk reduction incentive minimum shall be equal to five-sixths of the minimum sentence if the minimum sentence is greater than three years. For purposes of these calculations, partial days shall be rounded to the nearest whole day. In determining the recidivism risk reduction incentive minimum sentence, the aggregation provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 9762(d) (relating to sentencing proceeding; place of confinement) shall apply.

(3) Notwithstanding paragraph (2), if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court shall have the discretion, with the approval of the prosecuting attorney, to impose the recidivism risk reduction incentive minimum sentence as provided for in paragraph (2).

(4) Complies with all other applicable sentencing provisions, including provisions relating to victim notification and the opportunity to be heard.

§ 5306. Recidivism risk reduction incentive minimum.

(a) Generally.--The board or its designee shall issue a decision to parole, without further review by the board, a prisoner who has been sentenced to a recidivism risk reduction incentive minimum sentence at the expiration of that recidivism risk reduction incentive minimum sentence upon a determination that all of the following apply:

(1) The department certified that it has conducted an appropriate assessment of the treatment needs and risks of the prisoner using nationally recognized assessment tools that have been normed and validated.

(2) The department has certified that it developed a program plan based on the assessment conducted under paragraph (1) that is designed to reduce the risk of recidivism through the use of recidivism risk reduction incentive programs authorized and approved under this chapter that are appropriate for that particular prisoner.

(3) The department advised the prisoner that the prisoner is required to successfully complete the program plan.

(4) The prisoner has successfully completed all required recidivism risk reduction incentive programs or other programs designated in the program plan.

(5) The prisoner has maintained a good conduct record following the imposition of the recidivism risk reduction incentive minimum sentence.

(6) The reentry plan for the prisoner is adequate.

(7) Individual conditions and requirements for parole have been established.

(8) Notice and opportunity to be heard was provided by the board to the sentencing court and the prosecuting attorney in a manner consistent with section 21(b.2) of the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law.

(9) The department has certified that the prisoner continues to be an eligible offender. In the event that a recidivism risk reduction minimum sentence was imposed under section 5305(b) (relating to sentencing), the department certifies that it has not received additional information demonstrating a history of past or present violent behavior which was not available at the time of sentencing and the prosecuting attorney was unaware of that information at the time of sentencing.

(10) There is no reasonable indication that the prisoner poses a risk to public safety.

(b) Funding.--The department shall make all reasonable efforts to seek appropriate funding and resources in order to implement the recidivism risk reduction program.

(1) Require the department to include recidivism risk reduction programs in an individual program plan where the risk assessment indicates that such a program is unlikely to reduce recidivism for that particular prisoner.

(2) Prohibit the department from including appropriate community works or public service projects as part of the program plan.

(3) Prohibit the department from making modifications to the program plan at any time in order to ensure appropriate treatment and recidivism risk reduction incentive program placement.

(d) Adjudication.--Nothing in this section shall be interpreted as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section, shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

§ 5307. Authority of board.

If a prisoner has been sentenced by a court to a recidivism risk reduction incentive minimum sentence and the prisoner is not paroled under this chapter, the board shall have exclusive authority to grant parole. Except as otherwise provided under this chapter, the board shall retain its power and authority to parole, commit and reparole prisoners committed to the department.

§ 5308. Written guidelines and regulations.

The department, upon consultation with the board, shall develop written interim guidelines to assist in the implementation of the provisions of this chapter. The interim guidelines shall not be subject to the requirements of the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years after publication in the Pennsylvania Bulletin. The interim guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act on or before the date of expiration of the interim guidelines.

§ 5309. Evaluation.

The department, the board and the commission shall monitor and evaluate the recidivism risk reduction incentive programs. Evaluations under this section should be scientifically rigorous and seek to determine the effectiveness of the programs, including whether specific recidivism risk reduction incentive programs have reduced the recidivism rates of the program participants as compared to previously incarcerated and similarly situated prisoners. The department, the board and the commission shall make evaluations conducted under this section and underlying data available to the public. The publicly available data and evaluations shall comply with generally accepted practices of the research community, including expectations relating to subject privacy and identifying information.

§ 5310. Reports.

(a) Recidivism risk reduction.--The department, the board and the commission shall monitor and evaluate the recidivism risk reduction incentive programs to ensure that the goals and objectives of this chapter are met. Reports to the General Assembly shall be as follows:

(1) In odd-numbered years, the department shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives no later than February 1. The report shall include all of the following:

(i) The number of offenders determined by the department to be eligible offenders under this chapter and the offenses for which the offenders were committed to the custody of the department.

(ii) The number of prisoners committed to the custody of the department who were subject to a recidivism risk reduction incentive minimum sentence.

(iii) The number of prisoners paroled at the recidivism risk reduction incentive minimum date.

(iv) Any potential changes that would make the program more effective.

(v) The six-month, one-year, three-year and five-year recidivism rates for prisoners released at the recidivism risk reduction incentive minimum sentence.

(vi) Any other information the department deems relevant.

(2) In even-numbered years, the commission shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives no later than February 1. The report shall include all of the following:

(i) Whether the goals of this chapter could be achieved through amendments to parole or sentencing guidelines.

(ii) The various options for parole or sentencing guidelines under subparagraph (i).

(iii) The status of any proposed or implemented guidelines designed to implement the provisions of this chapter.

(iv) Any potential changes to the program that would be likely to reduce the risk of recidivism of prisoners and improve public safety.

(v) Any other information the commission deems relevant.

(b) Educational plan.--The Pennsylvania Commission on Crime and Delinquency shall publish a report of a proposed educational program plan within one year of the effective date of this section. The proposed educational program plan shall be developed in consultation with the department, commission, board, the Pennsylvania District Attorneys Association, the victim advocate and representatives of the judiciary and the criminal defense bar and other criminal justice stakeholders. The plan shall seek to provide cost-effective training or information through electronic means, publications or continuing educational programs that address the following topics:

(1) The treatment programs available through the board and the department.

(2) The availability of programs and eligibility requirements that can reduce recidivism risk, including State intermediate punishment, the motivational boot camp and recidivism risk reduction incentives programs.

(3) The calculation of sentencing credit and practices that could inadvertently prevent an inmate from receiving sentence credit.

(4) Recent statutory changes relating to sentencing, place of confinement, medical releases, transfer of inmates and parole.

§ 5311. Construction.

Notwithstanding any other provision of law, this chapter shall not be construed to do any of the following:

(1) Confer any legal right upon any individual, including an individual participating in or seeking to participate in a recidivism risk reduction incentive program, to do any of the following:

(i) Participate in a recidivism risk reduction incentive program.

(ii) Continue participation in a recidivism risk reduction incentive program.

(iii) Modify the contents of the recidivism risk reduction incentive program.

(iv) File any cause of action in any Federal or State court challenging the department's determination that a participant be suspended or expelled from or that a participant has successfully completed or failed to successfully complete any recidivism risk reduction incentive program.

(2) Confer any legal right on any individual to be released on parole under this act.

(3) Enlarge or limit the right of a participant to appeal the participant's sentence.

§ 5312. Applicability.

This chapter shall apply to persons incarcerated under the supervision of the department.]

Section 2. Title 44 is amended by adding a part to read:

PART IV

OTHER OFFICERS

Chapter

71. Constables

CHAPTER 71

CONSTABLES

Subchapter

A. Preliminary Provisions

B. Election

C. Appointment

D. Conflicts

E. Training

F. Powers and Duties

G. Compensation

H. Penalties and Remedies

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7101. Scope of chapter.

7102. Definitions.

7103. Cities of the first class.

§ 7101. Scope of chapter.

This chapter relates to constables.

§ 7102. 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:

"Livestock." Cattle, horses, sheep, goats and swine of every age and sex.

§ 7103 . Cities of the first class.

As of February 10, 1970, the office of constable is abolished in cities of the first class, and the terms of office of incumbents are terminated.

SUBCHAPTER B

ELECTION

Sec.

7111. Term of office.

7112. Cities of the second and third classes.

7113. Boroughs.

7114. Townships.

§ 7111. Term of office.

The term of a constable in a city of the second class, city of the second class A, city of the third class, borough, incorporated town or township is six years.

§ 7112. Cities of the second and third classes.

The qualified voters of each ward in a city of the second or third class shall elect a properly qualified person for constable in each ward.

§ 7113. Boroughs.

(a) General rule.--Except as provided in subsection (b), the qualified voters of every borough shall vote for and elect a properly qualified person for constable.

(b) Boroughs divided into wards.--The qualified voters of every borough divided into wards shall vote for and elect a properly qualified person for constable in each ward and a properly constable for high constable in the borough.

§ 7114. Townships.

(a) Election.--The following shall apply:

(1) The qualified voters of every township shall vote for and elect a properly qualified person for constable.

(2) The qualified electors of each township of the first class may vote for and elect a properly qualified person to serve as constable, in addition to the constable elected under paragraph (1).

(b) Procedure upon election; penalty.--Every person elected to the office of constable in a township shall appear in court on the first day of the next court of common pleas of the same county to accept or decline the office. A person who neglects or refuses to appear, after having been duly notified of the election, shall forfeit to the township the sum of $40 to be levied by order of the court.

(c) Bond.--The bond given by a constable in a township shall be in a sum not less than $500 nor more than $3,000, as the court shall direct, and shall be taken by the clerk of the court in the name of the Commonwealth, with conditions for just and faithful discharge by the constable of the duties of office. The bond shall be held in trust for the use and benefit of persons who may sustain injury by reason of neglect of duty, and for the same purposes and uses as a sheriff's bond.

SUBCHAPTER C

APPOINTMENT

Sec.

7121. Constables.

7122. Deputy constables.

§ 7121. Constables.

When a vacancy occurs in the office of constable, regardless of the reason for the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city, ward or township of the vacancy, shall appoint a suitable person, who, upon being qualified as required by law, shall serve as the constable for the unexpired term of the vacancy.

§ 7122. Deputy constables.

(a) General rule.--Sole power to appoint deputy constables in a ward, borough or township is vested in the constable of the ward, borough or township, subject to approval of the court of common pleas under subsection (b). No person shall be appointed as a deputy constable unless, at the time of appointment, he is a bona fide resident of the ward, borough or township for which he is appointed and he continues to be a bona fide resident for the duration of the appointment.

(b) Court approval and qualifications.--

(1) Except as set forth in paragraph (2), no deputy shall be appointed, either by general or partial deputization, without approbation of the court of common pleas of the county, except for special appointments in a civil suit or proceeding, at the request and risk of the plaintiff or his agent. If a deputy no longer resides in, or ceases to be a qualified elector of, the ward in which he was appointed to serve, the court of common pleas may revoke the appointment of the deputy upon petition of five duly qualified electors of the ward and proof of facts requiring revocation.

(2) In the event of a deputy's death or inability or refusal to act, the constable of a township may, with approbation of the court of common pleas of the county where the deputy served, appoint another deputy who shall have full authority to act until the next regular session of court. The constable and his surety shall be liable for acts of the deputy as in other cases. The constable shall file a written copy of the deputization in the office of the clerk of courts of the county where the constable serves.

(c) Certain provisions relating to boroughs unaffected.--This section does not affect the provisions of section 14 of the act of June 28, 1923 (P.L.903, No.348), entitled "A supplement to an act, approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, three hundred and twelve), entitled 'An act providing a system for government of boroughs, and revising, amending, and consolidating the law relating to boroughs'; so as to provide a system of government where a borough now has annexed or hereafter shall annex land in an adjoining county, including assessment of property, levying and collection of taxes, making municipal improvements, and filing and collecting of liens for the same; the jurisdiction of courts for the enforcement of borough ordinances and State laws, and primary, general, municipal, and special elections; and repealing inconsistent laws."

SUBCHAPTER D

CONFLICTS

Sec.

7131. Public office.

7132. Police officers.

§ 7131. Public office.

(a) General rule.--Except as set forth in subsection (b), it shall be unlawful for a constable to hold or exercise the office of magisterial district judge or alderman.

(b) Exceptions.--Nothing in this section or in any other law or court rule shall be construed to prohibit a constable from:

(1) being an officer of a political body or political party as those terms are defined in the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code;

(2) holding the office of a national, State or county committee of a political party;

(3) running for and holding an elective office; or

(4) participating in election day activities.

§ 7132. Police officers.

(a) Constable employed as policeman not to accept other fees in addition to salary.--Except for public rewards and legal mileage allowed to a constable for traveling expenses, and except as provided in subsection (b), it is unlawful for a constable who is also employed as a policeman to charge or accept a fee or other compensation, other than his salary as a policeman, for services rendered or performed pertaining to his office or duties as a policeman or constable.

(b) Exception.--Unless prevented from doing so by the operation of the civil service provisions of the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, borough policemen who reside in the borough may hold and exercise the office of constable in the borough, or in any ward thereof, and receive all costs, fees and emoluments pertaining to such office.

SUBCHAPTER E

TRAINING

Sec.

7141. Definitions.

7142. Conduct and insurance.

7143. Board established.

7144. Program established.

7145. Program contents.

7146. Continuing education.

7147. (Reserved).

7148. Use of firearms.

7149. Restricted account.

§ 7141. Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Account." The Constables' Education and Training Account established in section 7149 (relating to restricted account).

"Board." The Constables' Education and Training Board established in section 7143 (relating to board established).

"Commission." The Pennsylvania Commission on Crime and Delinquency of the Commonwealth.

"Court." The minor judiciary or any other court in this Commonwealth.

"Judicial duties." Those services specified in section 7161 (relating to fees).

"Term of office of a deputy constable." The term of office of the constable who appointed him.

§ 7142. Conduct and insurance.

(a) Certification.--After the establishment, implementation and administration of the Constables' Education and Training Program created under sections 7144 (relating to program established) and 7145 (relating to program contents), no constable or deputy constable shall perform any judicial duties nor demand or receive any fee, surcharge or mileage provided by this subchapter unless he has been certified under this subchapter.

(b) Liability insurance.--Every constable and deputy constable must file with the clerk of courts proof that he has, currently in force, a policy of professional liability insurance covering each individual in the performance of his judicial duties with a minimum coverage of $250,000 per incident and a minimum aggregate of $500,000 per year. The Constables ' Education and Training Board shall immediately investigate and implement the most cost-effective method of achieving liability insurance for constables and deputy constables under this subsection.

(e) Limitations on liability.--The provisions of this subchapter shall not be deemed to impose respondeat superior liability on any county.

§ 7143. Board established.

(a) Board created.--There is established within the commission an advisory board to be known as the Constables' Education and Training Board.

(1) Three persons who shall be constables.

(2) One person who shall be a magisterial district judge.

(3) One person who shall be a court administrator.

(4) One person who shall be a county commissioner.

(f) Removal.--Members of the board may be removed by the appointing authority for good cause upon written notice from the appointing authority specifically setting forth the cause for removal.

(h) Meetings.-- The board shall meet as often as it deems necessary but at least four times each year. Meetings may be called by the chairman of the board or by any four members thereof, in either case upon at least ten days ' written notice to all members of the board. A quorum shall consist of four members.

§ 7144. Program established.