61 Pa.C.S. Ch. 39

in effect

61 Pa.C.S. § 3901 Scope of chapter.

This chapter authorizes motivational boot camps.

61 Pa.C.S. § 3902 Declaration of policy.

The General Assembly finds and declares as follows: (1) The Commonwealth recognizes the severe problem of overcrowding in correctional institutions and understands that overcrowding is a causative factor contributing to insurrection and prison rioting. (2) The Commonwealth also recognizes that the frequency of convictions responsible for the dramatic expansion of the population in correctional institutions is attributable in part to the increased use of drugs and alcohol. (3) The Commonwealth, in wishing to salvage the contributions and dedicated work which its displaced citizens may someday offer, is seeking to explore alternative methods of incarceration which might serve as the catalyst for reducing criminal behavior.

61 Pa.C.S. § 3903 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Commission." The Pennsylvania Commission on Sentencing. "Eligible inmate." A person sentenced to a term of confinement under the jurisdiction of the Department of Corrections who is serving a term of confinement, the minimum of which is not more than two years and the maximum of which is five years or less, or an inmate who is serving a term of confinement, the minimum of which is not more than three years where that inmate is within two years of completing his minimum term, and who has not reached 40 years of age at the time he is approved for participation in the motivational boot camp program. The term shall not include any inmate who is subject to a sentence the calculation of which included an enhancement for the use of a deadly weapon as defined pursuant to the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, any inmate who has been convicted or adjudicated delinquent of any crime 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) or any inmate with a current conviction or a prior conviction within the past ten years for 18 Pa.C.S. § 2502 (relating to murder), drug trafficking as defined in section 4103 (relating to definitions) or a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses) or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses. "Motivational boot camp." A program in which eligible inmates participate for a period of six months in a humane program for motivational boot camp programs which shall provide for rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling and community corrections aftercare. (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended the def. of "eligible inmate." Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.

61 Pa.C.S. § 3904 Selection of inmate participants.

(a) Duties of commission.--Through the use of sentencing guidelines, the commission shall employ the definition of "eligible inmate" as provided in this chapter to further identify inmates who would be appropriate for participation in a motivational boot camp. (b) Duties of sentencing judge.--The sentencing judge shall employ the sentencing guidelines to identify those defendants who are eligible for participation in a motivational boot camp. The judge shall have the discretion to exclude a defendant from eligibility if the judge determines that the defendant would be inappropriate for placement in a motivational boot camp. The judge shall note on the sentencing order whether the defendant has been excluded from eligibility for a motivational boot camp program. (c) Duties of department.--The secretary shall promulgate rules and regulations providing for inmate selection criteria and the establishment of motivational boot camp selection committees within each diagnostic and classification center of the department. (d) Waiver of eligibility requirements.-- (1) The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue. (2) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements. (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsec. (b). 2012 Amendment. Act 122 added subsec. (d).

61 Pa.C.S. § 3905 Motivational boot camp program.

(a) Establishment.--There is hereby established in the department a motivational boot camp program. (b) Program objectives.--The objectives of the program are: (1) To protect the health and safety of the Commonwealth by providing a program which will reduce recidivism and promote characteristics of good citizenship among eligible inmates. (2) To divert inmates who ordinarily would be sentenced to traditional forms of confinement under the custody of the department to motivational boot camps. (3) To provide discipline and structure to the lives of eligible inmates and to promote these qualities in the postrelease behavior of eligible inmates. (c) Rules and regulations.-- (1) The secretary shall promulgate rules and regulations which shall include, but not be limited to, inmate discipline, selection criteria, programming and supervision and administration. (2) The department shall provide four weeks of intensive training for all staff prior to the start of their involvement with the program. (d) Approval.--Motivational boot camp programs may be established only at correctional institutions classified by the secretary as motivational boot camp institutions. (e) Evaluation.--(Deleted by amendment). (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 deleted subsec. (e).

61 Pa.C.S. § 3906 Procedure for selection of participant in motivational boot camp program.

(a) Application.--An eligible inmate may make an application to the motivational boot camp selection committee for permission to participate in the motivational boot camp program. (b) Selection.--If the selection committee determines that an inmate's participation in the program is consistent with the safety of the community, the welfare of the applicant, the programmatic objectives and the rules and regulations of the department, the committee shall forward the application to the secretary or his designee for approval or disapproval. (c) Conditions.--Applicants may not participate in the motivational boot camp program unless they agree to be bound by all the terms and conditions thereof and indicate their agreement by signing a memorandum of understanding. (d) Qualifications to participate.--Satisfaction of the qualifications set forth in this section to participate does not mean that an inmate will automatically be permitted to participate in the program. (e) Expulsion from program.-- (1) An inmate's participation in the motivational boot camp unit may be suspended or revoked for administrative or disciplinary reasons. (2) The department shall develop regulations consistent with this subsection.

61 Pa.C.S. § 3907 Completion of motivational boot camp program.

Upon certification by the department of the inmate's successful completion of the program, the Pennsylvania Board of Probation and Parole shall immediately release the inmate on parole, notwithstanding any minimum sentence imposed in the case. The parolee will be subject to intensive supervision for a period of time determined by the board, after which the parolee will be subject to the usual parole supervision. For all other purposes, the parole of the inmate shall be as provided by Chapter 61 (relating to Pennsylvania Board of Probation and Parole). References in Text. The Pennsylvania Board of Probation and Parole, referred to in this section, was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).

61 Pa.C.S. § 3908 Appeals.

Nothing in this chapter shall be construed to enlarge or limit the right of an inmate to appeal his or her sentence.

61 Pa.C.S. § 3909 Evaluation.

The department and the commission shall monitor and evaluate the motivational boot camp program to ensure that the programmatic objectives are met. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Act 95 added section 3909.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026