Pennsylvania HB 1092: An Act authorizing eligible counties to establish pretrial service programs; providing for bail and detention prior to trial; and imposing powers and duties on the Pennsylvania Commission on Crime and Delinquency.

Bill Text

2017-2018 Regular Session HB 1092 PN 1288 Bill Text (HTM) 

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PRINTER'S NO. 1288 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL 

No.

1092 

Session of 

2017 

INTRODUCED BY McCLINTON, BULLOCK, YOUNGBLOOD, KINSEY, SOLOMON, 

V. BROWN, READSHAW, PASHINSKI, MADDEN AND COX, APRIL 7, 2017 

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 2017 

AN ACT

Authorizing eligible counties to establish pretrial service 

programs; providing for bail and detention prior to trial; 

and imposing powers and duties on the Pennsylvania Commission 

on Crime and Delinquency.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Legislative intent.

Section 103. Definitions.

Chapter 3. Pretrial Service Programs

Section 301. Authorization.

Section 302. Risk assessment.

Section 303. Pretrial diversion.

Section 304. Judicial review.

Chapter 5. Bail and Detention Prior to Trial

Section 501. Monetary bail.

Section 502. Nonmonetary bail.

Section 503. Penalties.

Section 504. Right to counsel.

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Chapter 7. Administrative Provisions

Section 701. Commission.

Section 702. Funding and audits.

Section 703. Prohibitions.

Section 704. Continued eligibility.

Chapter 9. Miscellaneous Provisions

Section 901. Training.

Section 902. Annual report.

Section 903. Effective date.

The General Assembly of the Commonwealth of Pennsylvania 

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Pilot 

Pretrial Reform Act.

Section 102. Legislative intent.

The General Assembly finds that:

(1) The establishment of a pretrial service program 

improves public safety, reduces corrections costs and 

produces more effective outcomes for the betterment of the 

community.

(2) There is a need for neutral, fact-driven entities to 

provide accurate and timely information to assist courts in 

making informed decisions regarding bond, competency and 

treatment options.

(3) Many individuals imprisoned in correctional 

institutions in this Commonwealth are simply awaiting trial 

and have not been convicted of a crime.

(4) Indigent defendants remaining imprisoned due to an 

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inability to fulfill financial bail conditions present an 

unnecessary financial burden to taxpayers.

(5) Excessive bail practices and unnecessary detention 

also present constitutional concerns to the citizens of this 

Commonwealth.

Section 103. 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 Crime and 

Delinquency.

"Correctional institution." As defined in 61 Pa.C.S. § 102 

(relating to definitions).

"Eligible county." A county of the first class, second 

class, second class A or third class.

"Nonprofit program." A not-for-profit human service 

organization that provides treatment, guidance, counseling, 

training or rehabilitation services to individuals, families or 

groups.

"Participating county." An eligible county that establishes 

a pretrial service program.

"Program." A pretrial service program established by a 

participating county under this act.

"Released individual." An individual who is charged with a 

criminal offense and released from custody by a county prior to 

trial or adjudication.

CHAPTER 3

PRETRIAL SERVICE PROGRAMS

Section 301. Authorization.

(a) General rule.--An eligible county may establish and 

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operate a pretrial service program within an appropriate 

department or system as designated by the county.

(b) Purpose.--A program shall be developed, implemented and 

operated for the following purposes:

(1) To protect society and promote efficiency and ensure 

equity during arraignment and bail determination.

(2) To provide evidence-based bail recommendations to 

judicial officers that assess an offender's risk to public 

safety and likelihood to appear in court if released pending 

trial.

(3) To provide opportunities for defendants who 

demonstrate special needs to receive services that enhance 

their ability to become contributing members of the 

community.

(c) Responsibilities.--A program shall:

(1) Conduct preliminary investigation and risk 

assessment on all defendants arrested on new charges.

(2) Present accurate information to a judicial officer 

related to a defendant's risk of failing to appear in court 

or potential threats to the safety of the community.

(3) Develop and provide appropriate and effective 

supervision fo