71 Pa. Stat. § 1190.26a

Current through P.A. Acts 2023-32
Section 1190.26a - County Adult Probation and Parole Advisory Committee.
(a)Establishment.--The County Adult Probation and Parole Advisory Committee is established within the commission.
(b)Composition.--The committee shall consist of the following members:
(1) The chairman of the Pennsylvania Board of Probation and Parole or a designee, who shall serve as an ex officio and nonvoting member.
(2) The Chair of the Juvenile Court Judges' Commission or a designee, who shall serve as an ex officio and nonvoting member.
(3) The Executive Director of the Pennsylvania Commission on Sentencing, or a designee, who shall serve as an ex officio and nonvoting member.
(4) The President of the County Commissioners Association of Pennsylvania or a designee.
(5) The Executive Director of the County Chief Adult Probation and Parole Officers Association of Pennsylvania or a designee.
(6) The Victim Advocate.
(7) The Court Administrator of Pennsylvania or a designee.
(8) The President of the Pennsylvania District Attorneys' Association or a designee.
(8.1) The President of the Pennsylvania Association of Criminal Defense Lawyers or a designee.
(9) A county chief probation and parole officer appointed by the Chief Justice of Pennsylvania.
(9.1) A county chief public defender appointed by the Chief Justice of Pennsylvania.
(10) A county commissioner or a home rule equivalent appointed by the Governor.
(11) Seven judges of the courts of common pleas who serve in the criminal court area and are representative of the geographic and demographic diversity of this Commonwealth, appointed by the Chief Justice of Pennsylvania.
(c) Initial appointments to committee.--
(1) As designated by the Chief Justice of Pennsylvania at the time of appointment and until successors are appointed, the following shall apply to appointees initially appointed under subsection (b)(9), (9.1) and (11):
(i) Three appointees shall serve an initial term of two years.
(ii) Three appointees shall serve an initial term of three years.
(iii) Three appointees shall serve an initial term of four years.
(2) An appointment to fill a vacancy created by a member appointed in accordance with paragraph (1) shall be for the remainder of the unexpired term.
(3) Members appointed under subsection (b)(1), (2), (3), (4), (5), (6), (7), (8), (8.1) and (10) shall serve by virtue of the member's office, and the member's term shall be concurrent with the member's service in the office.
(d)Terms of office.-- Except as provided in subsection (c) (1), the term of office of a member appointed under subsection (b)(9) or (11) shall be four years. No member shall be appointed for more than two consecutive terms.
(e) Conditions of appointment.--The committee and the committee's members are subject to the same limitations and conditions imposed upon the commission under section 2(e), (h), (i), (m) and (n).
(f) Quorum.--A majority of the voting members shall constitute a quorum and a vote of the majority of the voting members present shall be sufficient for all actions.
(g) Committee chair.--The chairperson of the commission shall appoint a committee chair from among the judges on the committee, who shall serve at the pleasure of the chairperson. A vice committee chair shall be designated by the committee chair and shall preside at meetings in the chair's absence. The committee shall meet at the call of the committee chair, but not less than four times per year.
(h)Powers and duties.--The County Adult Probation and Parole Advisory Committee, with the review and approval of the commission, shall:
(1) Review and comment on grant applications for county intermediate punishment programs or discretionary grants.
(2) Develop a funding plan for county adult probation and parole departments that includes county intermediate punishment programs, discretionary grants and a funding formula. Counties supervising larger numbers of individuals with significant risk and need scores shall receive greater consideration in grant awards. The committee shall consider the following in developing the funding formula:
(i) The number of people in the county that were sentenced to probation supervision in the prior year.
(ii) The number of people in the county that were under judicial supervision in pretrial status in the community in the prior year.
(iii) The number of people in the county that were placed under county probation supervision following STATE OR county incarceration in the prior year.
(iv) The number of people in the county that were discharged from probation supervision in the prior year.
(v) The offense gravity score and prior record score of persons in the county under the supervision of county probation in the prior year.
(vi) The risk and need score of persons in the county under the supervision of county probation, as determined through the use of a validated and commission-approved instrument.
(vii) The county's full submission of data to the Pennsylvania Commission on Sentencing .
(viii) Certification by the Pennsylvania Commission on Sentencing of the county's compliance with guidelines and the county's current intermediate punishment plan for imposing restrictive conditions.
(3) Advise on all matters pertaining to the administration of the county adult probation and parole system.
(4) Analyze data to identify trends and to determine the effectiveness of programs and practices to ensure the reasonable and efficient administration of the county adult probation and parole system.
(5) Make recommendations and adopt standards for probation and parole personnel, including standards for services, caseload standards, risk assessment, responses to violations, collection of restitution and other evidence-based programs and practices. The recommendations and standards shall include the circumstances under which an offender's schedule, including consideration of the offender's work schedule and any scheduled essential medical care, should be weighed when making scheduling decisions.
(6) Assist the commission in the implementation of 42 Pa.C.S. Ch. 98 (relating to county intermediate punishment).

(7) Report annually to the Governor and General Assembly on the distribution and use of funding under paragraphs (1) and (2).
(i) Staff.--Staff support shall be made available to the committee by the executive director of the commission in order to adequately perform the duties provided for under this section.
(j) Authority not diminished.--This section may not be interpreted to diminish the authority of a president judge in a supervising county's probation and parole department.

71 P.S. § 1190.26a

Amended by P.L. TBD 2022 No. 47, § 1, eff. 9/5/2022.
Added by P.L. TBD 2019 No. 114, § 1, eff. 2/16/2020.