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§ 2153. Powers and duties of commission

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: December 18, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part II. Organization
Subpart B. Other Structural Provisions
Chapter 21. Judicial Boards and Commissions
Subchapter F. Pennsylvania Commission on Sentencing (Refs & Annos)
Effective: December 18, 2019
42 Pa.C.S.A. § 2153
Formerly cited as PA ST 71 P.S. § 720.204
§ 2153. Powers and duties of commission
Currentness
(a) Powers and duties.--The commission, in accordance with the rules and regulations of the commission, shall have the powers to:
(1) Establish general policies and promulgate such rules and regulations for the commission as are necessary to administer this subchapter and Chapter 97 (relating to sentencing).
(2) Utilize, with the consent of Federal, State, local and private agencies and instrumentalities, the services, equipment, personnel, information and facilities of the Federal, State, local and private agencies and instrumentalities with or without reimbursement.
(3) Enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary in the conduct of the functions of the commission, with any public agency or with any person, firm, association, corporation, educational institution or nonprofit organization.
(4) Request such information, data and reports from any officer or agency of the Commonwealth as the commission may from time to time require and as may be produced consistent with any other Federal or State law.
(5) Arrange with the head of any government unit for the performance by the government unit of any function of the commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and testimony of witnesses and the production of any evidence that relates directly to a matter with respect to which the commission or any member thereof is empowered to make a determination under this subchapter.
(7) Establish a research and development program within the commission for the purpose of:
(i) Serving as a clearinghouse and information center for the collection, preparation and dissemination of information on Commonwealth sentencing, resentencing and parole practices.
(ii) Assisting and serving in a consulting capacity to the board, State courts, departments and agencies in the development, maintenance and coordination of sound sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from studies, research and the empirical experience of public and private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole processes.
(10) Collect systematically and disseminate information concerning parole dispositions and sentences actually imposed, including initial sentences and any subsequent modification of sentences or resentences following revocation or remand, and parole and reparole decisions by the board and any other parole authority.
(11) Collect systematically and disseminate information regarding effectiveness of parole dispositions and sentences imposed.
(12) Make recommendations to the General Assembly concerning modification or enactment of sentencing, parole and correctional statutes which the commission finds to be necessary and advisable to carry out an effective, humane and rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and disseminate information relating to incapacitation, recidivism, deterrence and overall effectiveness of sentences and parole dispositions imposed.
(14) Establish a program to systematically monitor compliance with the guidelines, with the risk assessment instrument, with recommitment ranges and with mandatory sentencing laws to document eligibility for a release in accordance with a county reentry plan, to document eligibility for and imposition of recidivism risk reduction incentive minimum sentences and to document all parole and reparole decisions by the board and any other paroling authority by:
(i) Promulgating forms which document the application of sentencing, resentencing and parole guidelines, mandatory sentencing laws, risk assessment instrument, releases in accordance with a county reentry plan, recommitment ranges and recidivism risk reduction incentive minimum sentences and collecting information on all parole and reparole decisions by the board and any other paroling authority.
(ii) Requiring the timely completion and electronic submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation, use a correctional population simulation model to determine:
(i) Resources that are required under current guidelines, risk assessment instruments and ranges.
(ii) Resources that would be required to carry out any proposed changes to the guidelines, risk assessment instruments and ranges.
(16) Report to the General Assembly on:
(i) implementation of revisions to the guidelines under sections 2154 (relating to adoption of guidelines for sentencing) and 2154.1 (relating to adoption of guidelines for restrictive conditions);
(ii) implementation and outcomes of justice reinvestment funding to county probation;
(iii) use of court-imposed sanctions for violation of probation under section 9771.1 (relating to court-imposed sanctions for violating probation);
(iv) in consultation with the Office of the Budget and the Department of Corrections, implementation of short sentence parole under 61 Pa.C.S. § 6137.1 (relating to short sentence parole), use of the State Drug Treatment Program under 61 Pa.C.S. Ch. 41 (relating to State drug treatment program) and use of sanctions for technical parole violations under 61 Pa.C.S. § 6138(c)(1.2) (relating to violation of terms of parole); and
(v) evaluations of the effectiveness and cost-benefit of various criminal justice interventions and programming, including restrictive conditions of probation, recidivism risk reduction incentive programs, the State Drug Treatment Program, the State Motivational Boot Camp Program, pretrial diversion programs, prisoner treatment programs and prison reentry programs. For evaluations of the effectiveness and cost-benefit of a program in reducing recidivism, the commission shall report on:
(A) The number of individuals eligible for the program, the number of individuals participating in the program and the number of individuals who successfully completed the program during the period under study.
(B) The recidivism rates for participants of the program and for a comparison group of individuals who did not participate in the program.
(C) Potential changes in the program that the commission believes would make the program more effective.
(D) Any other information the commission deems relevant.
(b) Annual reports.--The commission shall report annually to the Governor, the General Assembly and the Administrative Office of Pennsylvania Courts on the activities of the commission.
(c) Additional powers and duties.--The commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this subchapter or as may be provided under any other provision of State law and may delegate to any commissioner or designated person such powers as may be appropriate other than the power to establish general policies, guidelines, rules and factors under subsection (a)(1).

Credits

2019, Dec. 18, P.L. 776, No. 115, § 1, imd. effective.
42 Pa.C.S.A. § 2153, PA ST 42 Pa.C.S.A. § 2153
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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