Reference in law.

42 Pa.C.S. § 28

in effect

Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined in 61 Pa.C.S. § 6101. This act does not change the status of State parole agents for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause State parole agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act. Explanatory Note. Act 59 amended sections 2151.1, 2155, 5950, 5952, 6307, 8332.7, 8340, 9543.1, 9718.5, 9727, 9764, 9776, 9777, 9799.13, 9799.16, 9799.19, 9799.20, 9799.22, 9799.24, 9799.25, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.35, 9799.38, 9799.54, 9799.55, 9799.56, 9799.58, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68, 9799.69, 9799.72 and 9912 of Title 42, amended, added or repealed sections 102, 1106, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008 and Pt. IV heading and sections 6101, 6102, 6111, 6112, 6113, 6116, 6118, 6119, 6120, 6121, 6124, 6131, 6132, 6133, 6134, 6134.1, 6136, 6137, 6138, 6139, 6140, 6141, 6143 and Subchapters D, F and G and sections 6302, 7115, 7121, 7122 and Chapter 73 of Title 61 and section 5102 of Title 71. 2022, NOVEMBER 3, P.L.1788, NO.121 § 4. Law enforcement certification. Campus police, as defined in section 2001-A(20) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, who have successfully completed the basic training course from the commission and obtained a psychological evaluation for employment as a law enforcement officer before the effective date of this section shall be automatically certified by the Municipal Police Officers' Education and Training Commission. Explanatory Note. Act 121 amended section 67A01 of Title and sections 2162 and 2168 of Title 53. 2023, DECEMBER 14, P.L.381, NO.44 § 5. Applicability. This act shall apply as follows: (1) This act shall apply to individuals sentenced or resentenced on or after the effective date of this section. (2) Except for the addition of 42 Pa.C.S. § 9774.1, this act shall apply to individuals sentenced or resentenced prior to the effective date of this section. Explanatory Note. Act 44 amended or added sections 9754, 9763, 9771 and 9774.1 of Title 42. § 7. Applicability continued. The following apply: (1) The following apply to postsentencing reviews: (i) Subject to paragraph (2), the courts shall ensure that the probation of all individuals sentenced or resentenced prior to the effective date of this section are reviewed to determine whether the individuals should be considered for early termination of probation or modification of the terms and conditions of probation. The review shall occur at the later of one year after the effective date of this section or: (A) For a probation sentence on a misdemeanor conviction, the date the defendant has completed two years of probation. (B) For a felony conviction, the date the defendant has completed four years of probation. (C) For a probation sentence based on a conviction involving multiple offenses arising out of the same criminal episode: (I) the date the defendant has completed two years of probation if all the offenses resulting in the sentence were misdemeanors; or (II) the date the defendant has completed four years of probation if one of the offenses resulting in the sentence included a felony. (ii) For each case under review, the defendant and the Commonwealth shall have the opportunity, in advance of a decision, to provide written comments to the court. Courts may by local rule adopt such procedures as they deem appropriate to accomplish the reviews. (2) (i) This section shall not apply if: (A) The defendant committed one of the following technical violations within the six months immediately preceding the defendant's probation review conference: (I) A technical violation that was sexual in nature. (II) A technical violation that involved assaultive behavior or included a credible threat to cause bodily injury to another, including incidents involving domestic violence. (III) A technical violation that involved possession or control of a firearm or dangerous weapon. (IV) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (V) The defendant absconded. (VI) A technical violation which involved an intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions. For the purposes of this clause, multiple technical violations stemming from the same episode of events shall not constitute separate technical violations. (VII) A technical violation that involved an identifiable threat to public safety. (ii) The defendant was convicted of a misdemeanor of the first degree, misdemeanor of the second degree or felony offense committed while either incarcerated or serving probation. (iii) The defendant was convicted of an offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders). (iv) The defendant was convicted of a crime of violence. (v) The defendant was convicted of an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2709.1 (relating to stalking) against any of the defendant's family or household members. § 8. Sentencing. When a court, either as a result of a petition or as a result of its review under section 7 of this act, seeks to determine whether an individual sentenced or resentenced prior to the effective date of this section should be considered for early termination of probation or modification of the terms and conditions of probation, the court shall ensure that due consideration is given to whether the individual has successfully satisfied the conditions contained in 42 Pa.C.S. § 9774.1(c)(1) or (2). 2023, DECEMBER 14, P.L.435, NO.58

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