42 Pa.C.S. Ch. 21

42 Pa.C.S. Ch. 21
in effect

42 Pa.C.S. § 21 Applicability.

This act shall apply as follows: (1) The reenactment or amendment of 18 Pa.C.S. § 4915.1 and 42 Pa.C.S. Ch. 97 Subch. H shall apply to an individual who commits an offense on or after December 20, 2012. (2) The reenactment or amendment of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to: (i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired. (ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4). (iii) Before or after February 21, 2018, an individual who: (A) commits an offense subject to 42 Pa.C.S. Ch. 97 Subch. H; but (B) because of a judicial determination on or after February 21, 2018 of the invalidity of 42 Pa.C.S. Ch. 97 Subch. H, is not subject to registration as a sexual offender. Explanatory Note. Act 29 reenacted or amended sections 3130, 3141, 4915.1 and 4915.2 of Title 18, reenacted sections 2511, 6303, 6338.1 and 6707 of Title 23, and reenacted or amended sections 9718.1, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.19, 9799.23, 9799.25, 9799.26, 9799.31, 9799.32, 9799.34, 9799.36, 9799.38, 9799.39, 9799.42 and Subchapter I of Chapter 97 of Title 42. 2018, JUNE 28, P.L.381, NO.55 § 1. Preamble. The General Assembly finds and declares that the Unified Judicial System will benefit from: (1) extensive revision of statutory arbitration; and (2) establishment of a collaborative law process. Explanatory Note. Act 55 amended or added Subchapter A.1 of Chapter 73, sections 7341 and 7342 and Chapter 74 of Title 42. 2018, JUNE 28, P.L.402, NO.56 Preamble The General Assembly finds and declares as follows: (1) Individuals with charges not leading to convictions may be inherently harmed by the maintenance of that record and have a constitutional presumption of innocence. (2) Individuals convicted of crimes in this Commonwealth should serve their sentences as ordered by the courts of this Commonwealth. (3) After less violent individuals convicted of crimes have served their sentences and remained crime free long enough to demonstrate rehabilitation, the individuals' access to employment, housing, education and other necessities of life should be fully restored. (4) Criminal justice agencies need access to all criminal history record information in order to effectively carry out the agencies' duties to protect the public. (5) The Commonwealth shall provide a clean slate remedy, as set forth under this act, to: (i) Create a strong incentive for avoidance of recidivism by offenders. (ii) Provide hope for the alleviation of the hardships of having a criminal record by offenders who are trying to rehabilitate themselves. (iii) Save the Commonwealth money that must be spent in the administration of criminal justice when offenders recidivate. (iv) Ensure appropriate access to criminal history information by criminal justice agencies. (6) The clean slate remedy should be implemented without cost to the former offender of filing a petition with a court. Explanatory Note. Act 56 amended or added sections 9121, 9122.1, 9122.2, 9122.3, 9122.4, 9122.5, 9122.6 of Title 18 and sections 6307, 6308 of Title 42. 2018, OCTOBER 24, P.L.896, NO.147 Preamble The General Assembly finds and declares as follows: (1) Postconviction DNA testing has exonerated wrongfully convicted individuals and identified real perpetrators of crimes. (2) To the extent possible, DNA testing of evidence before trial is encouraged to help prevent wrongful convictions and to lead to earlier detection and conviction of actual perpetrators. Explanatory Note. Act 147 amended section 9543.1 of Title 42 and amended or added sections 2302, 2303, 2311, 2312, 2313, 2314, 2315, 2316, 2316.1, 2317, 2318, 2319 and 2321 of Title 44. 2019, JULY 2, P.L.375, NO.58 § 4. Applicability. The addition or amendment of the following shall apply retroactively to law enforcement conduct on or after June 15, 1982: (1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1). (2) The addition of 42 Pa.C.S. § 8955. Explanatory Note. Act 58 amended or added sections 6105 and 6111 of Title 18 and sections 8953, 8953.1, 8953.2 and 8955 of Title 42. § 5. General Assembly. The General Assembly declares that the addition or amendment of the following are intended to reverse the Pennsylvania Supreme Court's interpretation of 42 Pa.C.S. Ch. 89 Subch. D, as set forth in Commonwealth v. Hlubin 2019 WL 2324272 (Pa. 2019): (1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1). (2) The addition of 42 Pa.C.S. § 8955. 2019, NOVEMBER 26, P.L.641, NO.87

42 Pa.C.S. § 2101 Judicial Conduct Board.

(a) General rule.--In accordance with section 18 of Article V of the Constitution of Pennsylvania, the Judicial Conduct Board shall be an independent board within the Judicial Branch and shall consist of 12 persons selected as provided in this subchapter. (b) Seal.--The Judicial Conduct Board shall have a seal engraved with its name and such other inscription as may be specified by board rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.

42 Pa.C.S. § 2102 Composition of board.

(a) General rule.--The Judicial Conduct Board shall consist of: (1) A judge of the Superior Court or the Commonwealth Court in regular active service appointed by the Supreme Court. (2) A magisterial district judge, who need not be a member of the bar of this Commonwealth, appointed by the Supreme Court. (3) A nonjudge member of the bar of this Commonwealth appointed by the Supreme Court. (4) Three nonlawyer electors appointed by the Supreme Court. (5) A judge of the courts of common pleas in regular active service appointed by the Governor. (6) Two nonjudge members of the bar of this Commonwealth appointed by the Governor. (7) Three nonlawyer electors appointed by the Governor. (b) Qualifications.--All members of the board must be residents of this Commonwealth. No more than three of the six members appointed by the Supreme Court may be registered in the same political party. No more than three of the six members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year. (c) Terms of office.--The members of the board shall serve for terms of four years. (d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed. (e) Restrictions on activities of members.--No member of the board, during the member's term, may hold office in a political party or political organization. Except for a judicial member, no member of the board, during the member's term, may hold a compensated public office or public appointment. The board shall prescribe general rules governing the conduct of members. A member may be removed by the board for a violation of the rules governing the conduct of members. (f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Special Provisions in Appendix. See section 11 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Judicial Conduct Board.

42 Pa.C.S. § 2103 Organization.

Annually, the Judicial Conduct Board shall elect a chairperson. The board shall act only with the concurrence of a majority of its members.

42 Pa.C.S. § 2104 Staff and operations.

The Judicial Conduct Board shall appoint a chief counsel and other staff, prepare and administer its own budget as provided by law, exercise supervisory and administrative authority over all board staff and board functions, establish and promulgate its own rules of procedure, prepare and disseminate an annual report and take other actions as are necessary to ensure its efficient operation. The budget request of the board shall be made by the board as a separate item in the request submitted by the Supreme Court on behalf of the Judicial Board to the General Assembly.

42 Pa.C.S. § 2105 Powers and duties.

The Judicial Conduct Board shall exercise the powers and perform the duties vested in and imposed upon the board by section 18 of Article V of the Constitution of Pennsylvania and Chapter 33 (relating to discipline, removal and retirement of judicial officers) and any other powers and duties vested in and imposed upon the board by law.

42 Pa.C.S. § 2106 Official immunity.

Members of the Judicial Conduct Board and its chief counsel and staff shall be absolutely immune from suit for all conduct in the course of their official duties. No civil action or disciplinary complaint predicated upon the filing of a complaint or other documents with the board or testimony before the board may be maintained against any complainant, witness or counsel.

42 Pa.C.S. § 2121 Jury selection commissions.

Except in the first judicial district, the jury selection commission in each county shall consist of three persons selected as provided in this subchapter or as provided by home rule charter. (June 26, 1980, P.L.266, No.78, eff. imd.)

42 Pa.C.S. § 2122 Composition of jury selection commissions.

(a) General rule.--Except in the first judicial district and other home rule charter counties, the jury selection commission shall consist of two jury commissioners elected as provided in this section and the president judge of the court of common pleas of the judicial district embracing the county. The president judge may from time to time assign another judge of court to perform his duties temporarily. The president judge or his assigned replacement shall be chairman. (b) Election of commissioners.--The jury commissioners shall be elected as provided in this subsection and, to the extent not inconsistent with this subsection, as provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" and the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be, and the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Any jury commissioner shall be eligible for reelection for any number of terms. The two persons elected as jury commissioners shall not be of the same political party. The candidate for the office who receives the highest number of votes shall be one of the jury commissioners, and the other shall be that candidate not being of the same political party as the first who receives the next highest number of votes. (c) Filling of vacancy.--In case of the inability of a jury commissioner, by sickness, death, or other unavoidable cause, to discharge the duties of his office, or in case of neglect or refusal to serve, the president judge of the court of common pleas of the judicial district shall appoint a suitable person of the same political party as the jury commissioner whose place is to be filled to perform the duties of the office during the period of inability. (d) Philadelphia.--In the first judicial district, the jury selection board shall constitute the jury selection commission. The clerk of the board shall be the commissioner, the assistant clerk of the board shall be the deputy commissioner and the masters, not to exceed four, shall be the assistant commissioners. (e) Quorum.--A jury selection commission may act by a majority of its members. (June 26, 1980, P.L.266, No.78, eff. imd.; Oct. 21, 1988, P.L.1045, No.118, eff. imd.) 1988 Amendment. Act 118 amended subsec. (c). References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (b), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).

42 Pa.C.S. § 2123 Expenses, staff and quarters.

The expenses, staff and quarters shall be provided for the jury selection commission in accordance with sections 1724 (relating to personnel of the system), 3721 (relating to county judicial center or courthouse) and 3722 (relating to general facilities and services furnished by county). (June 26, 1980, P.L.266, No.78, eff. imd.)

42 Pa.C.S. § 2124 Powers and duties.

Each jury selection commission shall exercise the powers and perform the duties vested in and imposed upon such commissions by Subchapter B of Chapter 45 (relating to selection and custody of jurors) and any other powers and duties vested in and imposed upon such commissions by law.

42 Pa.C.S. § 2131 Minor Judiciary Education Board.

(a) General rule.--The Minor Judiciary Education Board shall consist of such members as provided in this subchapter. (b) Seal.--The Minor Judiciary Education Board shall have a seal engraved with its name and such other inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal. (Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Act 98 reenacted and amended the entire section. 2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal. 1992 Repeal. Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsec. (a) has not been changed to give effect to the repeal. 1991 Unconstitutionality. Act 147 of 1990, which amended the entire section, was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).

42 Pa.C.S. § 2132 Composition of board.

(a) General rule.--The Minor Judiciary Education Board shall consist of the following appointed by the Supreme Court: (1) Three persons who shall be judges of the Traffic Court of Philadelphia or magisterial district judges. (2) Three members of the bar of this Commonwealth. (3) One lay elector. (b) Terms of office.--The members of the board shall serve for terms of three years and until a successor has been appointed. A vacancy on the board shall be filled for the balance of the term. (c) Compensation.--Members of the board shall receive such fees as shall be fixed by the Supreme Court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Act 98 reenacted and amended the entire section. 2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1992 Repeal. Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of the introductory paragraph of subsec. (a) has not been changed to give effect to the repeal. 1991 Unconstitutionality. Act 147 of 1990, which amended the def. of "officer enforcing orders," was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991). Special Provisions in Appendix. See section 15 of Act 142 of 1976 in the appendix to this title for special provisions relating to minor judiciary education board. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016.

42 Pa.C.S. § 2133 Organization.

The Supreme Court shall appoint a chairman and other officers of the board, who shall hold office at the pleasure of the Supreme Court. The board shall act only with the concurrence of a majority of its members. (Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)

42 Pa.C.S. § 2134 Staff.

Subject to the approval of the Supreme Court, the Minor Judiciary Education Board shall appoint a director and shall authorize such other staff positions as may be necessary. (Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)

42 Pa.C.S. § 2135 Powers and duties.

The Minor Judiciary Education Board shall exercise the powers and perform the duties vested in and imposed upon the board by Subchapter B of Chapter 31 (relating to qualifications of certain minor judiciary) and any other powers and duties vested in and imposed upon the board by law.

42 Pa.C.S. § 2141 Boards of viewers.

The boards of viewers in each county of this Commonwealth shall consist of three or more persons selected as provided in this subchapter.

42 Pa.C.S. § 2142 Composition of boards.

(a) General rule.--The court of common pleas of the judicial district embracing the county shall appoint to the board of viewers of the county such a number of persons as shall be necessary for the proper performance of the duties imposed upon the board. At least one-third of the members of the board of viewers shall be members of the bar of this Commonwealth and each member shall be a resident of the county unless the court is unable to complete the membership of the board from residents of the county, in which event the court may appoint residents of adjacent counties. In the City and County of Philadelphia the board of viewers may be appointed from among the Board of Revision of Taxes. Additional qualifications for membership on boards of viewers may be established by general rule or rule of court. (b) Terms of office.--The members of boards of viewers shall serve for a term of not less than three nor more than six years, as stated in the appointment, whether such appointment is for an original or partly expired term. All appointments shall be subject to the power of the court of common pleas to remove members of the board without cause and to appoint successors. (c) Vacancy.--In case of a vacancy in viewers appointed in any specific matter before final action has been taken by them, the court may fill the vacancy by appointing another member of the board of viewers. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a) and added subsec. (c). Appointments and Removals. Section 16 of Act 142 of 1976 provided that appointments and removals of persons as members of the county board of viewers pursuant to section 2142 shall be made by a majority of the judges of the court of common pleas of the appropriate judicial district.

42 Pa.C.S. § 2143 Staff.

Each board of viewers shall be provided with such staff as may be necessary.

42 Pa.C.S. § 2144 Powers and duties.

Each board of viewers shall exercise the powers and perform the duties vested in and imposed upon such boards by law.

42 Pa.C.S. § 2151 Pennsylvania Commission on Sentencing (Repealed).

2004 Repeal. Section 2151 was repealed November 19, 2004, P.L.855, No.112, effective in 180 days.

42 Pa.C.S. § 2151.1 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." The Pennsylvania Parole Board. "Commission." The Pennsylvania Commission on Sentencing established in section 2151.2 (relating to commission). "Department." The Department of Corrections of the Commonwealth. (Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended the def. of "board." 2008 Amendment. Act 81 added the defs. of "board" and "department." 2004 Amendment. Act 112 added section 2151.1.

42 Pa.C.S. § 2151.2 Commission.

(a) Continuation.--The commission is continued as an agency of the General Assembly. (b) Seal.--The commission shall have a seal engraved with the commission's name and such other inscription as may be specified by regulation of the commission. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added present section 2151.2. 2019 Repeal. Act 15 repealed former section 2151.2. Cross References. Section 2151.2 is referred to in section 2151.1 of this title; section 3025 of Title 18 (Crimes and Offenses).

42 Pa.C.S. § 2152 Composition of commission.

(a) Members.--The commission shall consist of the following: (1) One individual selected by the Speaker of the House of Representatives, who shall be a district attorney. (2) One individual selected by the President pro tempore of the Senate, who shall be a defense attorney. (3) Two judges of courts of record selected by the Chief Justice of Pennsylvania. (4) Two judges of courts of record, one of whom shall be selected by the President Judge of Commonwealth Court and one of whom shall be selected by the President Judge of Superior Court. (5) One individual selected by the Chief Justice of Pennsylvania, who shall be a professor of law knowledgeable in criminal sentencing. (6) One member of the Senate selected by the President pro tempore of the Senate. (7) One member of the Senate selected by the Minority Leader of the Senate. (8) One member of the House of Representatives selected by the Majority Leader of the House of Representatives. (9) One member of the House of Representatives selected by the Minority Leader of the House of Representatives. (b) Ex officio members.--The Secretary of Corrections and the chairperson of the board, during their tenure in their respective positions, shall serve as ex officio nonvoting members of the commission. (c) Terms of office.--The members of the commission shall serve for terms of two years and until a successor has been selected and qualified. A vacancy on the commission shall be filled for the balance of the term. (d) Chairperson and Executive Director.--The commission shall select a chairperson from its members and an Executive Director. The chairperson shall: (1) Preside at meetings of the commission. (2) Direct the preparation of requests for appropriations for the commission and the use of funds made available to the commission. (e) Meetings and quorum.-- (1) The commission shall meet at least four times a year and not less than semiannually to establish the commission's general policies and rules. (2) The commission shall be deemed an "agency" within the meaning of and shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings). (3) Seven commissioners shall constitute a quorum for the purpose of adopting proposed initial and subsequent guidelines. A majority of commissioners shall constitute a quorum for all other purposes. (4) Minutes of meetings shall be kept by the Executive Director and filed at the executive office of the commission. (f) Records of action.--Except as otherwise provided by law, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by the commission. (g) Expenses.--Each commissioner shall be entitled to reimbursement for each commissioner's accountable expenses incurred while engaged in the business of the commission. (h) Competency to testify.--In a judicial, administrative or similar proceeding, a commissioner or commission staff shall not be competent to testify and may not be required to produce records or other discovery as to any statement, conduct, decision or deliberation occurring during the course of official business, to the same extent as a legislator or legislative staff of this Commonwealth acting in a legislative capacity. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added present section 2152. 2019 Repeal. Act 15 repealed former section 2152.

42 Pa.C.S. § 2153 Powers and duties of commission.

(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). (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added present section 2153. 2019 Repeal. Act 15 repealed former section 2153. Cross References. Section 2153 is referred to in sections 2154.6, 9721 of this title; section 9122.5 of Title 18 (Crimes and Offenses); sections 6131, 6134.1, 6137, 6171 of Title 61 (Prisons and Parole).

42 Pa.C.S. § 2154 Adoption of guidelines for sentencing.

(a) General rule.--The commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors. In adopting guidelines, the commission shall recommend confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community and the rehabilitative needs of the offender. (b) Factors.--The guidelines shall address the following retributive factors: (1) Seriousness of the offense, by specifying the range of sentences applicable to crimes of a given degree of gravity. (2) Criminal history, by specifying a range of sentences of increased severity or intensity of intervention for offenders previously convicted of or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. The commission may exclude or reduce the valuation of less serious offenses and increase the valuation of offenses committed while under supervision or in a temporal or offense pattern. (3) Criminal behavior, by specifying a range of sentences of increased severity or intensity of intervention for offenders with increased culpability, including those who possessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense. (4) Aggravated and mitigated ranges, by specifying variations from the range of sentences applicable on account of aggravating or mitigating circumstances. (5) The impact of any amendments to section 9756 (relating to sentence of total confinement). (c) Adjustments.--The guidelines shall include the following risk-related adjustments: (1) Incapacitation of serious violent offenders. (2) Modifications to criminal history to reflect risk to reoffend and substantial risk to public safety to adjust the length of total confinement for more serious criminal history. (d) Probation guidelines.--The guidelines shall address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation. (e) Interactive information.--The guidelines shall include interactive information to support decisions with risk and recidivism information. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Possessed." On a defendant's person or within the defendant's immediate physical control. "Previously convicted of or adjudicated delinquent." Any finding of guilt or adjudication of delinquency, whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense. (Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) Initial Sentencing Guidelines. Section 218(b) of Act 142 of 1980 provided that the Pennsylvania Commission on Sentencing shall adopt and publish in the Pennsylvania Bulletin pursuant to 42 Pa.C.S. § 2155(a)(2) the initial sentencing guidelines within 18 months of the first meeting of the commission. The provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of such initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982. Cross References. Section 2154 is referred to in sections 2153, 2154.7, 9711.1, 9720.4, 9720.5, 9720.7, 9720.8, 9721, 9754, 9763 of this title; sections 2505, 3024, 3133, 3502, 3503, 3702, 6105, 6301 of Title 18 (Crimes and Offenses); sections 3732, 3732.1, 3804 of Title 75 (Vehicles).

42 Pa.C.S. § 2154.1 Adoption of guidelines for restrictive conditions.

(a) General rule.--The commission shall adopt guidelines to identify offenders who would be eligible and appropriate for restrictive conditions of probation. These guidelines shall be considered by the sentencing court in determining whether to impose restrictive conditions pursuant to section 9763 (relating to conditions of probation). The guidelines shall give primary consideration to reducing recidivism for the protection of the public safety. (1) (Deleted by amendment). (2) (Deleted by amendment). (b) Compliance.--The commission shall certify compliance by each county with guidelines adopted by the commission for county intermediate punishment or for imposing restrictive conditions of probation and with related statutory requirements and section 9728(g.1) (relating to collection of restitution, reparation, fees, costs, fines and penalties) and report the results to the Pennsylvania Commission on Crime and Delinquency. (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) Cross References. Section 2154.1 is referred to in sections 2153, 9721, 9754, 9763, 9804, 9810 of this title. § 2154.2. Adoption of guidelines for State intermediate punishment (Repealed). 2019 Repeal. Section 2154.2 was repealed December 18, 2019, P.L.776, No.115, effective in 60 days.

42 Pa.C.S. § 2154.3 Adoption of guidelines for fines.

The commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following: (1) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity. (2) Specify a range of fines or other lawful economic sanctions of increased amount for defendants previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term "previously convicted or adjudicated delinquent" shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense. (3) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances. (4) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the defendant lacks the ability to pay all or part of the fine. (July 17, 2007, P.L.123, No.37, eff. 120 days) 2007 Amendment. Act 37 added section 2154.3. Cross References. Section 2154.3 is referred to in section 9721 of this title.

42 Pa.C.S. § 2154.4 Adoption of guidelines for resentencing.

The commission shall adopt guidelines that shall be considered by the court when resentencing an offender following revocation of probation, county intermediate punishment or State intermediate punishment. The guidelines shall take into account: (1) Factors considered in adopting the sentencing guidelines. (2) The seriousness of the violation. (3) The rehabilitative needs of the defendant. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.4 is referred to in section 9721 of this title.

42 Pa.C.S. § 2154.5 Adoption of guidelines for parole.

(a) Adoption.--The commission shall adopt guidelines that shall be considered by the board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines shall do all of the following: (1) Give primary consideration to the protection of the public and to victim safety. (2) Provide for due consideration of victim input. (3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board. (4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs. (5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety. (6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry. (b) Discretionary authority.--Notwithstanding any other provision of law, this section shall not remove the discretionary parole authority of the board and any other paroling entity when exercising its power to parole and reparole. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.5 is referred to in section 9721 of this title; sections 6134.1, 6137 of Title 61 (Prisons and Parole).

42 Pa.C.S. § 2154.6 Adoption of recommitment ranges following revocation of parole by board.

(a) Recommitment ranges.--The commission shall adopt recommitment ranges that shall be considered by the board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution. The recommitment ranges shall take into account the seriousness of the initial conviction offense, the level of seriousness of the violation and the rehabilitative needs of the defendant. At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled. (b) Deviation.--In every case in which the board deviates from the recommitment ranges, the board shall provide a contemporaneous written statement of the reasons for the deviation from the recommitment ranges to the commission as established under section 2153(a)(14) (relating to powers and duties). (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Recommitment range." A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.6 is referred to in section 6137 of Title 61 (Prisons and Parole).

42 Pa.C.S. § 2154.7 Adoption of risk assessment instrument.

(a) General rule.--The commission shall adopt a sentence risk assessment instrument for the sentencing court to use to help determine the appropriate sentence within the limits established by law for defendants who plead guilty or nolo contendere to or who were found guilty of felonies and misdemeanors. The risk assessment instrument may be used as an aide in evaluating the relative risk that an offender will reoffend and be a threat to public safety. (b) Sentencing guidelines.--The risk assessment instrument may be incorporated into the sentencing guidelines under section 2154 (relating to adoption of guidelines for sentencing). (c) Presentence investigation report.--Subject to the provisions of the Pennsylvania Rules of Criminal Procedure, the sentencing court may use the risk assessment instrument to determine whether a more thorough assessment is necessary and to order a presentence investigation report. (d) Alternative sentencing.--Subject to the eligibility requirements of each program, the risk assessment instrument may be an aide to help determine: (1) for persons under supervision, intensity of intervention, use of restrictive conditions and duration of supervision; and (2) appropriate candidates for alternative sentencing, including the recidivism risk reduction incentive, State drug treatment programs and State motivational boot camps. (e) Definition.--As used in this section, the term "risk assessment instrument" means an empirically based worksheet which uses factors that are relevant in predicting recidivism. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) 2019 Amendment. Act 115 amended subsec. (d). 2010 Amendment. Act 95 added section 2154.7.

42 Pa.C.S. § 2155 Publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation.

(a) General rule.--The commission shall: (1) Prior to adoption, publish in the Pennsylvania Bulletin all proposed sentencing guidelines, resentencing guidelines following revocation of probation, guidelines for restrictive conditions of probation, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted, and hold public hearings not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following persons and organizations to testify: (i) Pennsylvania District Attorneys Association. (ii) Chiefs of Police Associations. (iii) Fraternal Order of Police. (iv) Public Defenders Organization. (v) Law school faculty members. (vi) Pennsylvania Parole Board. (vii) Department of Corrections. (viii) Pennsylvania Bar Association. (ix) Pennsylvania Wardens Association. (x) Pennsylvania Association on Probation, Parole and Corrections. (xi) Pennsylvania Conference of State Trial Judges. (xii) Any other interested person or organization. (2) Publish in the Pennsylvania Bulletin sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted as adopted by the commission. (b) Rejection by General Assembly.--Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution of Pennsylvania, the General Assembly may by concurrent resolution reject in their entirety any guidelines, risk assessment instrument or recommitment ranges adopted by the commission within 90 days of their publication in the Pennsylvania Bulletin pursuant to subsection (a)(2). (c) Effective date.-- (1) Sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted, adopted by the commission shall become effective 90 days after publication in the Pennsylvania Bulletin pursuant to subsection (a)(2) unless disapproved pursuant to subsection (b) and shall apply to sentences and resentences and parole decisions made after the effective date of the guidelines. (2) If not disapproved, the commission shall conduct training and orientation for trial court judges and board members prior to the effective date of the guidelines, risk assessment instrument and recommitment ranges. (July 10, 1980, P.L.513, No.106, eff. imd.; Mar. 22, 1988, P.L.240, No.26, eff. imd.; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a)(1) intro. par. and (vi). 1988 Amendment. See section 2 of Act 26 in the appendix to this title for special provisions relating to legislative review of sentencing guidelines. Cross References. Section 2155 is referred to in section 9721 of this title.

42 Pa.C.S. § 2156 Severability of subchapter.

The provisions of this subchapter are severable. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application. (Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986) 1986 Amendment. Act 41 added section 2156.

42 Pa.C.S. § 2161 Criminal history record checks.

(a) Authorization.--The Pennsylvania Board of Law Examiners may require that persons applying for admission to the bar and the practice of law in this Commonwealth be subject to: (1) A Federal criminal history record check through the Federal Bureau of Investigation. (2) A State criminal history record check through the Pennsylvania State Police. (b) Fingerprints required.--All applicants as required under subsection (a) shall submit fingerprints to the Pennsylvania State Police for the purpose of obtaining criminal history record checks, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. (c) Use of information.--Any information relating to an applicant and obtained under this section by the Pennsylvania Board of Law Examiners may be interpreted and used by the Pennsylvania Board of Law Examiners only to determine the applicant's character, fitness and suitability for admission to the bar and the practice of law in this Commonwealth. (d) Inapplicability.--The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall not apply if a request for a criminal history record check is submitted pursuant to this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026

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