MOTIVATIONAL BOOT CAMP ACT — 1990 Pa. Act 215 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 2927, 3218, 3774, PRINTER'S NO. 4324
4094
INTRODUCED BY EVANS, CALTAGIRONE, ROEBUCK, RIEGER, BLAUM,
HAYDEN, WILLIAMS, CARN, WAMBACH, FOX, YANDRISEVITS, COLAIZZO,
STUBAN, RYBAK, BELFANTI, VEON, TIGUE, NOYE, LINTON, FARGO,
FREEMAN, GLADECK, LANGTRY, WOGAN, RAYMOND, PISTELLA, McCALL,
J. L. WRIGHT, VROON, KOSINSKI, LUCYK, KASUNIC, ITKIN,
FAIRCHILD, MAINE, GIGLIOTTI, HERSHEY, BATTISTO, HERMAN,
BISHOP, PESCI, MELIO, HAGARTY, D. F. CLARK, JOSEPHS, McVERRY,
TRELLO, BROUJOS, BUSH, LEVDANSKY, DIETTERICK, GEIST,
LAUGHLIN, FARMER, CAPPABIANCA, DeLUCA, B. SMITH, LEE AND
BORTNER, DECEMBER 13, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 14, 1990
AN ACT
1 Providing for motivational boot camps for certain youthful
2 offenders; and providing for selection of participants.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Motivational
7 Boot Camp Act.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) The Commonwealth recognizes the severe problem of
11 overcrowding in State and county prisons and understands that
12 overcrowding is a causative factor contributing to
1 insurrection and prison rioting.
2 (2) The Commonwealth also recognizes that the frequency
3 of convictions responsible for the dramatic expansion of the
4 prison population is attributable in part to the increased
5 use of drugs and alcohol.
6 (3) The Commonwealth, in wishing to salvage the
7 contributions and dedicated work which its displaced citizens
8 may someday offer, is seeking to explore alternative methods
9 of incarceration which might serve as the catalyst for
10 reducing criminal behavior.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Commission." The Pennsylvania Commission on Sentencing.
16 "Department." The Department of Corrections of the
17 Commonwealth.
18 "Eligible inmate." A person sentenced to a term of
19 confinement under the jurisdiction of the Department of
20 Corrections who is serving a term of confinement, the minimum of
21 which is not more than two years and the maximum of which is
22 five years or less, and who has not reached 35 years of age at
23 the time he is approved for participation in the motivational
24 boot camp program. The term shall not include any inmate serving
25 a sentence for any violation of one or more of the following
26 provisions:
27 18 Pa.C.S. § 2501 (relating to criminal homicide).
28 18 Pa.C.S. § 2901 (relating to kidnapping).
29 18 Pa.C.S. § 3121 (relating to rape).
30 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
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1 intercourse).
2 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
3 robbery).
4 "Motivational boot camp." A program in which eligible
5 inmates participate for a period of six months in a humane
6 program for motivational boot camp programs which shall provide
7 for rigorous physical activity, intensive regimentation and
8 discipline, work on public projects, substance abuse
9 rehabilitation therapy and programming certified TREATMENT <--
10 SERVICES LICENSED by the Department of Health, ventilation
11 therapy, continuing education, vocational training and
12 prerelease counseling.
13 "Secretary." The Secretary of Corrections of the
14 Commonwealth.
15 Section 4. Selection of inmate participants.
16 (a) Duties of commission.--Through the use of sentencing
17 guidelines, the commission shall employ the definition of
18 "eligible inmate" as provided in this act to further identify
19 inmates who would be appropriate for participation in a
20 motivational boot camp.
21 (b) Duties of sentencing judge.--The sentencing judge shall <--
22 employ the sentencing guidelines to identify those defendants
23 who are eligible for participation in a motivational boot camp.
24 THE SENTENCING JUDGE SHALL EMPLOY THE SENTENCING GUIDELINES TO <--
25 IDENTIFY THOSE DEFENDANTS WHO ARE ELIGIBLE FOR PARTICIPATION IN
26 A MOTIVATIONAL BOOT CAMP. The judge shall have the discretion to
27 exclude a defendant from eligibility if the judge determines
28 that the defendant would be inappropriate for placement in a
29 motivational boot camp. The judge shall note on the sentencing <--
30 order whether the defendant has been identified as eligible for
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1 a motivational boot camp program. THE JUDGE SHALL NOTE ON THE <--
2 SENTENCING ORDER WHETHER THE DEFENDANT HAS BEEN IDENTIFIED AS
3 ELIGIBLE FOR A MOTIVATIONAL BOOT CAMP PROGRAM.
4 (c) Duties of department.--The secretary shall promulgate
5 rules and regulations providing for inmate selection criteria
6 and the establishment of motivational boot camp selection
7 committees within each diagnostic and classification center of
8 the department.
9 Section 5. Establishment of motivational boot camp program.
10 (a) Establishment.--There is hereby established in the
11 department a motivational boot camp program.
12 (b) Program objectives.--The objectives of the program are:
13 (1) To protect the health and safety of the Commonwealth
14 by providing a program which will reduce recidivism and
15 promote characteristics of good citizenship among eligible
16 inmates.
17 (2) To divert inmates, who ordinarily would be sentenced
18 to traditional forms of confinement under the custody of the
19 department, to motivational boot camps.
20 (3) To provide discipline and structure to the lives of
21 eligible inmates, and to promote these qualities in the
22 postrelease behavior of eligible inmates.
23 (c) Rules and regulations.--The secretary shall have the
24 duty to promulgate rules and regulations which shall include,
25 but not be limited to, inmate discipline, selection criteria,
26 programming and supervision, and administration. The department
27 shall provide four weeks of intensive training for all staff
28 prior to the start of their involvement with the program.
29 (d) Approval.--Motivational boot camp programs may be
30 established only at correctional facilities classified by the
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1 secretary as motivational boot camp facilities.
2 (e) Evaluation.--The department and the commission shall
3 monitor and evaluate the motivational boot camp programs to
4 ensure that the programmatic objectives are met. Both shall
5 present annual reports of the evaluations of the Judiciary
6 Committees of the House of Representatives and Senate no later
7 than February 1 of each year.
8 Section 6. Procedure for selection of participant in
9 motivational boot camp program.
10 (a) Application.--An eligible inmate may make an application
11 to the motivational boot camp selection committee for permission
12 to participate in the motivational boot camp program.
13 (b) Selection.--If the selection committee determines that
14 an inmate's participation in the program is consistent with the
15 safety of the community, the welfare of the applicant, the
16 programmatic objectives and the rules and regulations of the
17 department, the committee shall forward the application to the
18 secretary or his designee for approval or disapproval.
19 (c) Conditions.--Applicants may not participate in the
20 motivational boot camp program unless they agree to be bound by
21 all the terms and conditions thereof and indicate their
22 agreement by signing a memorandum of the program immediately <--
23 below a statement reading as follows:
24 I accept the foregoing program and agree to be bound by
25 the terms and conditions thereof. I understand that my
26 participation in the program is a privilege that may be
27 revoked at any time at the sole discretion of the
28 secretary. I understand that I am also provided with the
29 right to terminate, at any time, my involvement in the
30 program. I understand that I must successfully complete
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1 the entire program to obtain a certificate of earned
2 eligibility upon the completion of said program, and, in
3 the event that I do not successfully complete said
4 program, for any reason, I will be transferred to a
5 nonintensive incarceration correctional facility to
6 continue service of my sentence.
7 (d) Privilege.--Participation in the motivational boot camp
8 program shall be a privilege. Nothing contained in this act may
9 be construed to confer upon any inmate the right to participate
10 or continue to participate therein. UNDERSTANDING. <--
11 (D) QUALIFICATIONS TO PARTICIPATE.--SATISFYING THE ABOVE
12 QUALIFICATIONS TO PARTICIPATE DOES NOT MEAN THE INMATES WILL
13 AUTOMATICALLY BE PERMITTED TO PARTICIPATE IN THE PROGRAM.
14 (E) EXPULSION FROM PROGRAM.--THE INMATE'S PARTICIPATION IN
15 THE MOTIVATIONAL BOOT CAMP UNIT MAY BE SUSPENDED OR REVOKED FOR
16 ADMINISTRATIVE OR DISCIPLINARY REASONS. THE DEPARTMENT SHALL
17 DEVELOP REGULATIONS CONSISTENT HEREIN.
18 Section 7. Completion of motivational boot camp program.
19 Upon certification by the department of the inmate's
20 successful completion of the program, the Pennsylvania Board of
21 Probation and Parole shall immediately release the inmate on
22 parole, notwithstanding any minimum sentence imposed in the
23 case. The parolee will be subject to intensive supervision for a
24 period of time determined by the board, after which he will be
25 subject to the usual parole supervision. For all other purposes,
26 the parole of the inmate shall be as provided by the act of
27 August 6, 1941 (P.L.861, No.323), referred to as the
28 Pennsylvania Board of Probation and Parole Law.
29 Section 8. Appeals.
30 Nothing in this act shall be construed to enlarge or limit
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1 the right of an inmate to appeal his or her sentence.
2 Section 9. Repeals.
3 All acts and parts of acts are repealed insofar as they are
4 inconsistent with this act.
5 Section 10. Effective date.
6 This act shall take effect in 60 days.
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