Pennsylvania Act 1996-86 — MOTIVATIONAL BOOT CAMP ACT - AMEND DEFINITIONS

Act text

MOTIVATIONAL BOOT CAMP ACT - AMEND DEFINITIONS
                  Act of Jul. 2, 1996, P.L. 516, No. 86               Cl. 61
                             Session of 1996
                               No. 1996-86

     HB 2580

                                  AN ACT

     Amending the act of December 19, 1990 (P.L.1391, No.215),
        entitled "An act providing for motivational boot camps for
        certain youthful offenders; and providing for selection of
        participants," further providing for definitions.

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

        Section 1.  Section 3 of the act of December 19, 1990
     (P.L.1391, No.215), known as the Motivational Boot Camp Act, is
     amended to read:
      Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Commission."  The Pennsylvania Commission on Sentencing.
        "Department."  The Department of Corrections of the
     Commonwealth.
        "Eligible inmate."  A person sentenced to a term of
     confinement under the jurisdiction of the Department of
     Corrections who is serving a term of confinement, the minimum of
     which is not more than two years and the maximum of which is
     five years or less or an inmate who is serving a term of
     confinement the minimum of which is not more than three years
     where that inmate is within two years of completing his minimum
     term, and who has not reached 35 years of age at the time he is
     approved for participation in the motivational boot camp
     program. The term shall not include any inmate who is subject to
     a sentence the calculation of which included an enhancement for
     the use of a deadly weapon as defined pursuant to the sentencing
     guidelines promulgated by the Pennsylvania Commission on
     Sentencing or any inmate serving a sentence for any violation of
     one or more of the following provisions:
            [18 Pa.C.S. § 2501 (relating to criminal homicide).]
            18 Pa.C.S. § 2502 (relating to murder).
            18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
            18 Pa.C.S. § 2506 (relating to drug delivery resulting in
        death).
            18 Pa.C.S. § 2901 (relating to kidnapping).
            18 Pa.C.S. § 3121 (relating to rape).
            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. § 3301(a)(1)(i) (relating to arson and related
        offenses).
            18 Pa.C.S. § 3502 (relating to burglary) in the case of
        burglary of a structure adapted for overnight accommodation
        in which at the time of the offense any person is present.
            18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
        robbery).
            18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
            18 Pa.C.S. § 7508 (a)(1)(iii), (a)(2)(iii), (a)(3)(iii),
        or (a)(4)(iii) (relating to drug trafficking sentencing and
        penalties).
        "Motivational boot camp."  A program in which eligible
     inmates participate for a period of six months in a humane
     program for motivational boot camp programs which shall provide
     for rigorous physical activity, intensive regimentation and
     discipline, work on public projects, substance abuse treatment
     services licensed by the Department of Health, ventilation
     therapy, continuing education, vocational training and
     prerelease counseling.
        "Secretary."  The Secretary of Corrections of the
     Commonwealth.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of July, A. D. 1996.

     THOMAS J. RIDGE