61 Pa. C.S. § 7122

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 7122 - Supervision of persons paroled by other states

(a)General rule.--In compliance with the Federal interstate compact laws and the provisions of this section, the department may supervise persons who are paroled by other states and reside in this Commonwealth, where such other states agree to perform similar services for the department.

(b)Witness Protection Program.--The department may relinquish jurisdiction over an offender to the proper Federal authorities where the offender is placed into the Witness Protection Program of the United States Department of Justice.

(c) Applicability.--The provisions of this section shall apply only to those persons under the supervision of the department.

(d) Contracting state obligations.--The contracting state must adhere to this Commonwealth's laws regarding the interstate compact, which are as follows:

(1) The contracting state solemnly agrees that it is competent for the duly constituted judicial and administrative authorities of a state party to the compact, referred to as the "sending state," to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state, referred to as the "receiving state," while on probation or parole if:

(i) A confirmed offer of viable employment or other verifiable means of support exists.

(ii) A residence approved by the sending state shall be available.

(2) The following information must be made available to the receiving state from the sending state at the time the application for acceptance to the receiving state shall be filed:

(i) Institutional adjustment information on parolees or probationers.

(ii) Current supervision history on parolees or probationers.

(iii) A psychological report or psychological update, completed no more than one year prior to the receiving state's consideration, for persons convicted of a violent offense.

(iv) The following information must be made available to the receiving state for those cases defined as a sexual offense:

(A) A summary of any type of treatment received and dates of completion.

(B) A description of behavioral characteristics that may have contributed to the parolee or probationer's conduct.

(3) Any parolee or probationer convicted of a sexual offense shall be required to:

(i) Submit to mandatory registration and public notification of all current addresses with the Pennsylvania State Police.

(ii) Provide a signed copy of the "Pennsylvania State Police Sexual Offender Registration Notification" form and the "Pennsylvania State Police Sexual Offender Registration" form to the receiving state.

(iii) Provide a signed copy of "Addendum to Application for Compact Services/Agreement to Return" form to the receiving state.

(4) Except as provided in this subsection, the receiving state shall not consider the acceptance of supervision if the parolee is already physically present in this Commonwealth. Investigation and consideration of a case shall occur only after the parolee returns to the sending state and proper application is filed. The receiving state may consider the acceptance of supervision if the probationer is already physically present in this Commonwealth, where the probationer has established domicile in the receiving state before adjudication on the criminal offense.

(5) Electronic monitoring or other special conditions, or both, of supervision shall be imposed as deemed necessary by the receiving state.

(6) At the request of the receiving state, the sending state shall agree to retake the parolee or probationer if that individual violates any condition of probation or parole.

(e) Definitions.--As used in this section, the following words and phrases shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:

"Other verifiable means of support." The term includes, but is not limited to, support by a parent, grandparent, sibling, spouse or adult child. The term does not include public assistance.

"Sexual offense."

(1) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is a minor:

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 5902(a) (relating to prostitution and related offenses).

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances).

(2) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is younger than 13 years of age:

18 Pa.C.S. § 3126 (relating to indecent assault).

(3) Any of the following offenses or an equivalent offense, regardless of the victim's age:

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

"Violent offense."

(1) Any of the following offenses or an equivalent offense:

18 Pa.C.S. § 2502 (relating to murder).

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2703 (relating to assault by prisoner).

18 Pa.C.S. § 2704 (relating to assault by life prisoner).

18 Pa.C.S. § 2901 (relating to kidnapping) where the victim is a minor.

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

18 Pa.C.S. § 3301 (relating to arson and related offenses).

18 Pa.C.S. § 3502 (relating to burglary).

18 Pa.C.S. § 3701 (relating to robbery).

18 Pa.C.S. § 3923 (relating to theft by extortion) where a threat of violence is made.

(2) A criminal attempt, criminal solicitation or criminal conspiracy to commit any offenses set forth in this definition.

61 Pa.C.S. § 7122

Amended by P.L. TBD 2021 No. 59, § 26, eff. 6/30/2021.

2009, Aug. 11, P.L. 147, No. 33, §7, effective in 60 days [ 10/13/2009].