Pennsylvania SB 136: An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment; in Pennsylvania Board of Probation and Parole, providing for parole for reasons of age or illness and for medical parole due to public or disaster emergency related to health or contagious disease outbreak; and abrogating regulations.

Bill Text

PRINTER'S NO. 136
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 136
Session of
2025
INTRODUCED BY STREET, SAVAL, KEARNEY, HUGHES, TARTAGLIONE,
COSTA, HAYWOOD, KANE AND SCHWANK, JANUARY 29, 2025
REFERRED TO JUDICIARY, JANUARY 29, 2025
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in sentencing, repealing provisions relating to
transfer of inmates in need of medical treatment; and, in
Pennsylvania Board of Probation and Parole, providing for
parole for reasons of age or illness and for medical parole
due to public or disaster emergency related to health or
contagious disease outbreak.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9777 of Title 42 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 9777. Transfer of inmates in need of medical treatment.
(a) Inmates committed to custody of department.--If an
inmate is committed to the custody of the department, the
department, the inmate or a person to whom the court grants
standing to act on behalf of the inmate may petition the
sentencing court to temporarily defer service of the sentence of
confinement and temporarily remove the inmate committed to the
custody of the department, or other facility, for placement in a
hospital, long-term care nursing facility or hospice care
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location. The following shall apply:
(1) The sentencing court may approve the petitioner's
request to temporarily defer service of the sentence of
confinement and place the inmate in a hospital or long-term
care nursing facility under electronic monitoring by the
department upon clear and convincing proof that all of the
following apply:
(i) The medical needs of the inmate can be more
appropriately addressed in the hospital or long-term care
nursing facility.
(ii) The hospital or long-term care nursing facility
requested by the petitioner has agreed to accept the
placement of the inmate and to provide necessary medical
care.
(iii) The inmate is seriously ill and is expected by
a treating physician to not live for more than one year.
(iv) There are no writs filed or detainers lodged
against the inmate and the inmate is not subject to any
court order requiring the inmate's presence.
(v) The placement in the hospital or long-term care
nursing facility does not pose an undue risk of escape or
danger to the community. In making this determination,
the sentencing court shall consider the inmate's
institutional conduct record, whether the inmate was ever
convicted of a crime of violence, the length of time that
the inmate has been imprisoned and any other factors the
sentencing court deems relevant.
(vi) The hospital or long-term care nursing facility
has agreed to notify the department and the court of any
material changes in the health status of the inmate, the
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nature of the care provided or other information required
by the department.
(vii) Each agency representing the Commonwealth at a
proceeding which resulted in an order committing or
detaining the inmate, the State or local correctional
facility housing the inmate and any registered crime
victim have been given notice and an opportunity to be
heard on the petition.
(2) The sentencing court may approve the petitioner's
request to temporarily defer service of the sentence of
confinement in order for the inmate to receive care from a
licensed hospice care provider, proposed by the petitioner
and subject to electronic monitoring by the department, if
all of the following are established by clear and convincing
proof:
(i) The inmate is terminally ill, not ambulatory and
likely to die in the near future.
(ii) The licensed hospice care provider can provide
the inmate with more appropriate care.
(iii) Appropriate medical care and palliative and
supportive services will be provided by the licensed
hospice care provider at the proposed hospice care
location.
(iv) The placement of the inmate in the proposed,
licensed hospice care location does not pose an undue
risk of escape or danger to the community. In making this
determination, the sentencing court shall consider the
inmate's institutional conduct record, whether the inmate
was ever convicted of a crime of violence, the length of
time that the inmate has been imprisoned and any other
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factors the sentencing court deems relevant.
(v) The licensed hospice care provider has agreed to
notify the department and the sentencing court of any
material changes in the health status of the inmate, the
nature of the hospice care provided or other information
required by the department or the sentencing court.
(vi) Each agency representing the Commonwealth at a
proceeding which resulted in an or