Pennsylvania SB 493: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for cash bail prohibited, for conditions of release and for collection and report of pretrial release data; in sentencing, further providing for modification or revocation of order of probation; and abrogating regulations.

Bill Text

PRINTER'S NO. 448
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 493
Session of
2025
INTRODUCED BY STREET, TARTAGLIONE, SAVAL, KEARNEY, HAYWOOD AND
KANE, MARCH 21, 2025
REFERRED TO JUDICIARY, MARCH 21, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, providing for cash bail prohibited, for
conditions of release and for collection and report of
pretrial release data; in sentencing, further providing for
modification or revocation of order of probation; and
abrogating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5703. Cash bail prohibited.
A defendant's release may not be conditioned upon the deposit
of any amount of cash or upon the compliance with a monetary
condition.
§ 5704. Conditions of release.
(a) Pretrial release.--A court, magistrate or judicial
official shall order the pretrial release of a defendant unless
the Commonwealth moves for the defendant's pretrial detention
and the court, magistrate or judicial officer finds, by clear
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and convincing evidence, that the defendant committed a felony
offense as charged by the Commonwealth and the defendant poses
an imminent risk of serious harm to an individual or the
community and that no condition or combination of conditions of
release can mitigate that serious risk of harm.
(b) Nonmonetary conditions.--The court, magistrate or
judicial officer may impose one or more nonmonetary conditions
of release when the condition or combination of conditions is
necessary to reasonably ensure the defendant's appearance in
court or safety to an individual or the community.
(c) Contest of court order.--If the court orders the
defendant's pretrial detention or the defendant is unable to
meet the nonmonetary conditions of release ordered by the court,
the defendant shall have the right to contest the order at a
detention review hearing. The detention review hearing shall be
held within 48 hours of the detention order or imposition of
unmet conditions of release.
(d) Rights of defendant.--At a pretrial hearing which may
result in the loss of or infringement upon the defendant's
liberty, the defendant shall be entitled to the following:
(1) The right to be present during the pretrial hearing.
(2) The right to be represented by counsel. If the
defendant cannot afford an attorney and qualifies for
representation by a public defender in a criminal case, the
court shall appoint counsel.
(3) The right to confront and cross-examine witnesses.
(4) The right to present evidence.
(5) The right to an expedited appeal of an order
resulting in pretrial detention.
§ 5705. Collection and report of pretrial release data.
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(a) Collection and publication.--Each county shall collect
and annually publish data disaggregated by race, gender and
ethnicity relating to the pretrial detention and release of
defendants, including the following:
(1) The number of detention-eligible defendants.
(2) The number of defendants for whom the Commonwealth
sought detention at the first hearing for which a detention
decision was made.
(3) The number of defendants ordered to be detained at
the first hearing for which a detention decision was made.
(4) The number of defendants for whom a detention review
hearing was scheduled.
(5) The number of defendants for whom the Commonwealth
sought detention at the detention review hearing.
(6) The number of defendants for whom pretrial detention
was ordered at the detention review hearing.
(7) The percentage of detention-eligible defendants who
remain detained from arrest until the resolution of their
case.
(8) The average number of days defendants ordered to
pretrial detention remain in custody from arrest to the
resolution of their case.
(b) Publication.--A county shall publish the data collected
under subsection (a) on the county's publicly accessible
Internet website.
Section 2. Section 9771(b) of Title 42 is amended and the
section is amended by adding a subsection to read:
§ 9771. Modification or revocation of order of probation.
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(b) Revocation.--The court may increase the conditions,
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impose a brief sanction under section 9771.1 (relating to court-
imposed sanctions for violating probation) or revoke an order of
probation upon proof of the violation of specified conditions of
the probation. Subject to the limitations of subsections (b.1),
(b.2) and (c), upon revocation the sentencing alternatives
available to the court shall be the same as were available at
the time of initial sentencing, due consideration being given to
the time spent serving the order of pr