Section 780-175 - Probationary tenancy(a) Temporary suspension of eviction or removal.--(1) The court on the application of a person subject to removal may suspend the execution of an order of complete or partial eviction for a period of not more than ten days in order to refer the person to a licensed substance abuse treatment program or facility for an alcohol and other drug addiction assessment and treatment recommendation in order to determine whether the person is a suitable candidate for a stay of execution of eviction or removal under subsection (b) if all of the following apply: (i) The person asserts that the person: (A) is drug dependent within the meaning of this act;(B) is willing to participate in a licensed treatment and monitoring program recommended by the program or facility and approved by the court; and(C) meets the requirements set forth in subsection (b)(4), (5) and (6).(ii) The court is clearly convinced that the temporary suspension of execution of the order of the eviction or removal will not endanger the safety of the community or otherwise unduly jeopardize the rights or interests of other tenants and residents of the leased residential premises.(2) Pending the filing of an application for a stay of execution under subsection (b), a temporary suspension issued under this subsection shall automatically expire on the date fixed by the court or ten days after the suspension is granted, whichever is earlier. At such time, the order of eviction or removal shall be immediately enforced unless a stay is granted in accordance with the provisions of subsection (b).(b) Application to stay execution of eviction or removal order.--On application of a person subject to removal, the court may stay execution of an order of complete or partial eviction for a period of time as provided in subsection (f) and during which the person is participating in a court-approved and licensed alcohol and other drug treatment program if the person establishes by clear and convincing evidence all of the following:(1) The person is drug dependent, and the drug-related criminal activity that was the basis for the order of eviction or removal was committed in order to support the person's drug dependency.(2) No evidence is presently proffered or has been presented that the person is an adult and in the commission of such drug-related criminal activity distributed a controlled substance to a person under 15 years of age.(3) No evidence is presently proffered or has been presented that the person unlawfully used or possessed a firearm on the leased residential premises or that the person used or threatened to use violence in committing any of the acts which are the basis for the order of eviction or removal.(4) The person has not previously undergone court-approved treatment under this section.(5) The person has agreed to participate in the course of alcohol and other drug treatment recommended by the treatment facility conducting the court-ordered addiction assessment.(6) The stay of execution of the order of complete or partial eviction will not endanger the safety of the community or otherwise unduly jeopardize the rights or interests of other tenants and residents of the leased residential premises.(7) Admission to the recommended course of treatment will serve to benefit the person by addressing drug dependency and will thereby remove the incentive for the person to engage in drug-related criminal activity.(c) Right of interested person to be heard.--The plaintiff in the civil action and the tenant organization for the premises, whether or not such organization joined in the civil action, shall be provided an opportunity to be heard with respect to an order under this section.(d) Participation in recommended course of treatment.--If the court is satisfied that the grounds for a stay set forth in subsection (b) have been clearly and convincingly established, the court as a condition of the stay of execution of the eviction or removal order shall order the person to participate in the recommended course of treatment. The program must include periodic drug testing. The course of treatment must take place in a program licensed by the department to provide substance abuse treatment. The court shall impose reasonable terms and conditions of the person's participation in the court-approved treatment program. The terms and conditions shall include a requirement that the person comply with all rules established by the treatment program. The terms and conditions imposed by the court may include establishing a curfew or imposing restrictions on the person's associations and places of travel. The court may modify or impose additional terms or conditions if the court, prior to its removal of a significant term or condition, provides notice to all persons or entities entitled under subsection (c) to participate in the proceedings. The person placed on probationary tenancy must consent to the original or amended terms and conditions as a condition of the stay of execution of the eviction or removal order and must acknowledge in writing that the person understands and accepts all such terms and conditions. If the person refuses to accept or comply with original or amended terms and conditions, the stay of execution shall be automatically rescinded; and the order of eviction or removal shall be immediately enforced in accordance with this act.(e) Period of probationary tenancy.--If the person maintains compliance with the terms and conditions of the court and with the requirements of the course of treatment and monitoring, the stay of execution of an order of eviction or removal shall remain in force for a period of six months. The court upon recommendation by the treatment program may extend the initial period of probationary tenancy for an additional six months.(f) Prompt initiation of treatment.--A stay of execution of an order of eviction or removal under this section shall be contingent upon the person commencing participation in the recommended course of treatment or being placed on a certified waiting list until a position for the recommended course of treatment becomes available, within ten days of the entry of the court's order granting the stay of execution of eviction or removal. If the person is placed on a certified list, the person must submit to regular drug testing as ordered by the court and must also attend, with verification, no fewer than five 12-step recovery meetings per week until the course of treatment can begin. If the person fails to comply with the conditions of this subsection within the time period, the stay of execution shall be automatically rescinded unless the court determines that there are extraordinary and compelling reasons to reinstate the stay pending the person's participation in the recommended course of treatment by a date certain to be fixed by the court.(g) Reporting of progress in course of treatment.--The treatment program must as a condition of the stay of execution of the eviction or removal order agree in writing to report periodically to the court as to the person's progress and compliance with court-imposed terms and conditions. The treatment program must agree to promptly report any significant failure to comply with the requirements of the course of treatment. The treatment program must agree immediately to advise the court if the person terminates participation in the course of treatment. The person and, if necessary, the person's parent or guardian must as a condition of the stay of execution sign consent forms necessary to release information to the court under this section with respect to participation in the course of treatment.(h) Supervisory jurisdiction of probation department.--The court may assign the department the responsibility to assist in monitoring and supervising the person's participation in the recommended course of treatment and compliance with all court-imposed terms and conditions of the probationary tenancy. The court may also assign the department the responsibility to administer the periodic drug testing. The department shall immediately report a significant violation of the court-imposed terms and conditions, in accordance with subsection (g).(i) Effect of violation.--Upon a first significant violation of any court-ordered term or condition of the probationary tenancy, the court may and upon recommendation of the treatment program or upon subsequent violation shall, in the absence of extraordinary and compelling reasons, rescind the stay of execution of the order of eviction or removal, and the order shall be immediately enforced. In making its determination whether to rescind the stay after a first significant violation, the court shall consider the nature and seriousness of the infraction in relation to the person's progress in the course of treatment and shall consider the recommendations of the treatment program. If the treatment program determines to discontinue the person's course of treatment, the court shall revoke the probationary tenancy and rescind the stay of execution of the order of eviction or removal unless the treatment program recommends that another treatment program be engaged to provide the course of treatment. If the court finds reasonable grounds to believe that the person during the term of the probationary tenancy has been involved in drug-related criminal activity whether or not the activity occurred on the leased residential premises, the court shall immediately rescind the stay of execution of the order of eviction or removal, and the order shall be immediately enforced.(j) Action upon violation.--An action for a violation of a term or condition of the probationary tenancy may be brought by the plaintiff in the eviction action, any person that could have initiated the eviction action under this act, the treatment program or the department. The action shall be summary in nature and shall be heard and decided within five days of the notice to the court of the violation.(k) Discharge of order of eviction or removal.--If after the expiration of the term of probationary tenancy the court determines that the person has satisfactorily complied with the terms and conditions of the recommended course of treatment and that the person no longer poses a risk to the other residents and tenants, the court shall discharge the order of eviction or removal and shall dismiss the action.1995, Oct. 11, P.L. 1066, No. 23 (Spec. Sess. No. 1), § 25, effective in 60 days.