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SENATE AMENDED
PRIOR PRINTER'S NOS. 1131, 2884, 3758 PRINTER'S NO. 3766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1042
Session of
2025
INTRODUCED BY N. NELSON, MIHALEK, HILL-EVANS, SANCHEZ, BOYD,
CURRY, D. WILLIAMS, BRIGGS, CEPHAS, PIELLI, KINKEAD, RIVERA
AND O'MARA, MARCH 25, 2025
SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, JULY 11, 2026
AN ACT
Amending Titles 61 (Prisons and Parole) and 63 (Professions and
Occupations (State Licensed)) of the Pennsylvania
Consolidated Statutes, in general administration, providing
for earned vocational training and education credit; in
Pennsylvania Board of Probation and Parole, further providing
for parole power and for short sentence parole; and, in
powers and duties, further providing for consideration of
criminal convictions.
AMENDING TITLE TITLES 18 (CRIMES AND OFFENSES), 42 (JUDICIARY
AND JUDICIAL PROCEDURE) AND 61 (PRISONS AND PAROLE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN AUTHORIZED DISPOSITION
OF OFFENDERS, FURTHER PROVIDING FOR SENTENCE FOR MURDER,
MURDER OF UNBORN CHILD AND MURDER OF LAW ENFORCEMENT OFFICER
AND PROVIDING FOR SENTENCE FOR MURDER OF THE SECOND DEGREE;
IN SENTENCING, FURTHER PROVIDING FOR SENTENCES FOR SECOND AND
SUBSEQUENT OFFENSES AND FOR LIFE IMPRISONMENT FOR HOMICIDE;
IN GENERAL ADMINISTRATION, PROVIDING FOR EARNED VOCATIONAL
TRAINING AND EDUCATION CREDIT; IN MOTIVATIONAL BOOT CAMP,
FURTHER PROVIDING FOR DEFINITIONS; AND, IN PENNSYLVANIA BOARD
OF PROBATION AND PAROLE, FURTHER PROVIDING FOR PAROLE POWER
AND FOR SHORT SENTENCE PAROLE., PROVIDING FOR PAROLE
ELIGIBILITY FOR OFFENDERS SENTENCED TO LIFE FOR MURDER OF THE
SECOND DEGREE AND FURTHER PROVIDING FOR PAROLE PROCEDURE AND
FOR VICTIM STATEMENTS, TESTIMONY AND PARTICIPATION IN
HEARING.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 11 of Title 61 of the Pennsylvania
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Consolidated Statutes is amended by adding a subchapter to read:
SECTION 1. SECTION 1102(B) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 1102. SENTENCE FOR MURDER, MURDER OF UNBORN CHILD AND MURDER
OF LAW ENFORCEMENT OFFICER.
* * *
(B) SECOND DEGREE.--EXCEPT AS PROVIDED UNDER SECTION 1102.1,
A PERSON WHO HAS BEEN CONVICTED OF [MURDER OF THE SECOND DEGREE,
OF] SECOND DEGREE MURDER OF AN UNBORN CHILD OR OF SECOND DEGREE
MURDER OF A LAW ENFORCEMENT OFFICER SHALL BE SENTENCED TO A TERM
OF LIFE IMPRISONMENT.
* * *
SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
§ 1102.2. SENTENCE FOR MURDER OF THE SECOND DEGREE.
(A) SENTENCING.--EXCEPT AS PROVIDED UNDER SUBSECTIONS (B)
AND (C), A DEFENDANT WHO HAS BEEN CONVICTED OF MURDER OF THE
SECOND DEGREE AND WHO WAS 18 YEARS OF AGE OR OLDER AT THE TIME
OF THE COMMISSION OF THE OFFENSE SHALL BE SENTENCED TO A TERM OF
IMPRISONMENT, THE MINIMUM OF WHICH SHALL BE FIXED BY THE COURT
AT NOT LESS THAN 35 YEARS AND THE MAXIMUM OF WHICH MAY NOT
EXCEED LIFE IMPRISONMENT.
(B) LIFE WITHOUT PAROLE.--
(1) THE COURT MAY SENTENCE A DEFENDANT WHO HAS BEEN
CONVICTED OF MURDER OF THE SECOND DEGREE AND WHO WAS 18 YEARS
OF AGE OR OLDER AT THE TIME OF THE COMMISSION OF THE OFFENSE
TO LIFE IMPRISONMENT WITHOUT PAROLE IF THE FINDER OF FACT
DETERMINES BEYOND A REASONABLE DOUBT THAT:
(I) THE DEFENDANT KILLED, ATTEMPTED TO KILL OR
INTENDED TO KILL THE VICTIM; AND
(II) AT LEAST ONE OF THE FOLLOWING:
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(A) THE VICTIM WAS A LAW ENFORCEMENT OFFICER OR
A CHILD UNDER 13 YEARS OF AGE;
(B) DURING THE COMMISSION OF THE OFFENSE, THE
DEFENDANT ENGAGED AS A PRINCIPAL IN A VIOLATION OF
SECTION 3121 (RELATING TO RAPE) OR 3123 (RELATING TO
INVOLUNTARY DEVIATE SEXUAL INTERCOURSE);
(C) THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A
CRIME OF VIOLENCE; OR
(D) IN ADDITION TO A VICTIM DESCRIBED IN
SUBPARAGRAPH (I), THE DEFENDANT CAUSED SERIOUS BODILY
INJURY OR DEATH TO ANOTHER VICTIM DURING THE
COMMISSION OF THE OFFENSE.
(2) THE COMMONWEALTH SHALL PROVIDE REASONABLE NOTICE TO
THE DEFENDANT OF ITS INTENTION TO SEEK A SENTENCE OF LIFE
IMPRISONMENT WITHOUT PAROLE UNDER THIS SUBSECTION. THE NOTICE
SHALL BE PROVIDED BY SPECIFICALLY ALLEGING IN THE CHARGING
DOCUMENT ANY FACT AUTHORIZING A LIFE WITHOUT PAROLE SENTENCE
UNDER PARAGRAPH (1).
(C) SENTENCING MITIGATION.--
(1) A DEFENDANT WHO HAS BEEN CONVICTED OF MURDER OF THE
SECOND DEGREE AND WHO WAS 18 YEARS OF AGE OR OLDER AT THE
TIME OF THE COMMISSION OF THE OFFENSE MAY BE SENTENCED TO A
MINIMUM TERM OF IMPRISONMENT OF LESS THAN 35 YEARS, BUT NOT
LESS THAN 10 YEARS, AND THE MAXIMUM OF WHICH MAY NOT EXCEED
40 YEARS, IF THE DEFENDANT PROVES AT SENTENCING BY A
PREPONDERANCE OF THE EVIDENCE, AND THE COURT SPECIFICALLY
FINDS, ALL OF THE FOLLOWING:
(I) THE DEFENDANT WAS NOT THE ONLY PARTICIPANT IN
THE COMMISSION OF THE OFFENSE.
(II) THE DEFENDANT DID NOT SOLICIT, REQUEST,
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CONSPIRE, COMMAND, PLAN OR FURTHER AID ANOTHER TO CAUSE
THE VICTIM'S DEATH.
(III) THE DEFENDANT DID NOT BRANDISH, USE OR
THREATEN TO USE A DEADLY WEAPON IN THE COMMISSION OF THE
OFFENSE.
(IV) THE DEFENDANT HAD NO REASON TO BELIEVE THAT ANY
OTHER PARTICIPANT WOULD USE A DEADLY WEAPON.
(V) THE DEFENDANT HAD NO REASON TO BELIEVE THAT ANY
OTHER PARTICIPANT INTENDED TO ENGAGE IN CONDUCT LIKELY TO
RESULT IN DEATH OR SERIOUS BODILY INJURY TO ANY PERSON.
(VI) THE DEFENDANT DID NOT CAUSE SERIOUS BODILY
INJURY TO ANOTHER DURING THE COMMISSION OF THE OFFENSE.
(2) THIS SUBSECTION SHALL NOT APPLY TO A DEFENDANT WHEN,
UNDER SUBSECTION (B), ANY OF THE FACTORS DESCRIBED IN
SUBSECTION (B)(1) HAVE BEEN FOUND BEYOND A REASONABLE DOUBT.
(3) NOTHING IN THIS SUBSECTION SHALL BE INTERPRETED TO
AUTHORIZE THE COURT TO OVERRIDE OR OTHERWISE CONTRADICT A
JURY'S SPECIFIC FINDING REGARDING WHETHER A FACT DESCRIBED
UNDER SUBSECTION (B)(1) WAS PROVEN BEYOND A REASONABLE DOUBT.
(D) CULPABILITY ASSESSMENT.--IN DECIDING THE TERM OF
INCARCERATION TO IMPOSE, THE COURT MAY CONSIDER ANY OF THE
FOLLOWING:
(1) THE IMPACT OF THE OFFENSE ON EACH VICTIM, INCLUDING
ORAL AND WRITTEN VICTIM IMPACT STATEMENTS MADE OR SUBMITTED
BY FAMILY MEMBERS OF THE VICTIM DETAILING THE PHYSICAL,
PSYCHOLOGICAL AND ECONOMIC EFFECTS OF THE CRIME ON THE VICTIM
AND THE VICTIM'S FAMILY. A VICTIM IMPACT STATEMENT MAY
INCLUDE COMMENT ON THE SENTENCE OF THE DEFENDANT.
(2) THE IMPACT OF THE OFFENSE ON THE COMMUNITY.
(3) THE THREAT TO THE SAFETY OF THE PUBLIC OR ANY
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INDIVIDUAL POSED BY THE DEFENDANT.
(4) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE
COMMITTED BY THE DEFENDANT.
(5) THE DEGREE OF THE DEFENDANT'S CULPABILITY.
(6) GUIDELINES FOR SENTENCING AND RESENTENCING ADOPTED
BY THE PENNSYLVANIA COMMISSION ON SENTENCING.
(7) CHARACTERISTICS OF THE DEFENDANT, INCLUDING:
(I) AGE.
(II) MENTAL CAPACITY.
(III) MATURITY.
(IV) THE DEGREE OF CRIMINAL SOPHISTICATION EXHIBITED
BY THE DEFENDANT.
(V) THE NATURE AND EXTENT OF ANY PRIOR DELINQUENT OR
CRIMINAL HISTORY, INCLUDING THE SUCCESS OR FAILURE OF ANY
PREVIOUS ATTEMPTS BY THE COURT TO REHABILITATE THE
DEFENDANT.
(VI) PROBATION OR INSTITUTIONAL REPORTS.
(8) OTHER RELEVANT FACTORS.
(E) SENTENCING GUIDELINES.--
(1) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
FOLLOW THE PUBLICATION PROCESS UNDER 42 PA.C.S. § 2155
(RELATING TO PUBLICATION OF GUIDELINES FOR SENTENCING,
RESENTENCING AND PAROLE, RISK ASSESSMENT INSTRUMENT AND
RECOMMITMENT RANGES FOLLOWING REVOCATION) FOR THE PROPOSAL OF
ALL SENTENCING GUIDELINES UNDER THIS SECTION.
(2) SENTENCING GUIDELINES PUBLISHED UNDER THIS SECTION
SHALL CONSIDER THE VARYING DEGREES OF CULPABILITY OF A
DEFENDANT AND THE NATURE OF THE CIRCUMSTANCES OF AN OFFENSE.
(3) SENTENCING GUIDELINES MAY NOT SUPERSEDE THE
MANDATORY SENTENCES PROVIDED IN THIS SECTION.
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(4) WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS
SUBSECTION, THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
BEGIN THE PUBLICATION PROCESS UNDER 42 PA.C.S. § 2155.
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CRIME OF VIOLENCE." AS DEFINED IN 42 PA.C.S. § 9714(G)
(RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES).
"DEADLY WEAPON." AS DEFINED IN SECTION 2301 (RELATING TO
DEFINITIONS).
"PRINCIPAL." AS DEFINED IN SECTION 2502(D) (RELATING TO
MURDER).
"SERIOUS BODILY INJURY." AS DEFINED IN SECTION 2301.
SECTION 3. SECTIONS 9714(G) AND 9715(A) OF TITLE 42 ARE
AMENDED TO READ:
§ 9714. SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES.
* * *
(G) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CRIME OF
VIOLENCE" MEANS MURDER OF THE SECOND DEGREE OR THE THIRD DEGREE,
VOLUNTARY MANSLAUGHTER, MANSLAUGHTER OF A LAW ENFORCEMENT
OFFICER AS DEFINED IN 18 PA.C.S. § 2507(C) OR (D) (RELATING TO
CRIMINAL HOMICIDE OF LAW ENFORCEMENT OFFICER), MURDER OF THE
THIRD DEGREE INVOLVING AN UNBORN CHILD AS DEFINED IN 18 PA.C.S.
§ 2604(C) (RELATING TO MURDER OF UNBORN CHILD), AGGRAVATED
ASSAULT OF AN UNBORN CHILD AS DEFINED IN 18 PA.C.S. § 2606
(RELATING TO AGGRAVATED ASSAULT OF UNBORN CHILD), AGGRAVATED
ASSAULT AS DEFINED IN 18 PA.C.S. § 2702(A)(1) OR (2) (RELATING
TO AGGRAVATED ASSAULT), ASSAULT OF LAW ENFORCEMENT OFFICER AS
DEFINED IN 18 PA.C.S. § 2702.1(A)(1) (RELATING TO ASSAULT OF LAW
ENFORCEMENT OFFICER), USE OF WEAPONS OF MASS DESTRUCTION AS
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DEFINED IN 18 PA.C.S. § 2716(B) (RELATING TO WEAPONS OF MASS
DESTRUCTION), TERRORISM AS DEFINED IN 18 PA.C.S. § 2717(B)(2)
(RELATING TO TERRORISM), STRANGULATION WHEN THE OFFENSE IS
GRADED AS A FELONY AS DEFINED IN 18 PA.C.S. § 2718 (RELATING TO
STRANGULATION), TRAFFICKING OF PERSONS WHEN THE OFFENSE IS
GRADED AS A FELONY OF THE FIRST DEGREE AS PROVIDED IN 18 PA.C.S.
§ 3011 (RELATING TO TRAFFICKING IN INDIVIDUALS), RAPE,
INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, AGGRAVATED INDECENT
ASSAULT, INCEST, SEXUAL ASSAULT, ARSON ENDANGERING PERSONS OR
AGGRAVATED ARSON AS DEFINED IN 18 PA.C.S. § 3301(A) OR (A.1)
(RELATING TO ARSON AND RELATED OFFENSES), ECOTERRORISM AS
CLASSIFIED IN 18 PA.C.S. § 3311(B)(3) (RELATING TO
ECOTERRORISM), KIDNAPPING, BURGLARY AS DEFINED IN 18 PA.C.S. §
3502(A)(1) (RELATING TO BURGLARY), ROBBERY AS DEFINED IN 18
PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY), OR
ROBBERY OF A MOTOR VEHICLE, DRUG DELIVERY RESULTING IN DEATH AS
DEFINED IN 18 PA.C.S. § 2506(A) (RELATING TO DRUG DELIVERY
RESULTING IN DEATH), OR CRIMINAL ATTEMPT, CRIMINAL CONSPIRACY OR
CRIMINAL SOLICITATION TO COMMIT MURDER OR ANY OF THE OFFENSES
LISTED ABOVE, OR AN EQUIVALENT CRIME UNDER THE LAWS OF THIS
COMMONWEALTH IN EFFECT AT THE TIME OF THE COMMISSION OF THAT
OFFENSE OR AN EQUIVALENT CRIME IN ANOTHER JURISDICTION.
§ 9715. LIFE IMPRISONMENT FOR HOMICIDE.
(A) MANDATORY LIFE IMPRISONMENT.--NOTWITHSTANDING THE
PROVISIONS OF SECTION 9712 (RELATING TO SENTENCES FOR OFFENSES
COMMITTED WITH FIREARMS), 9713 (RELATING TO SENTENCES FOR
OFFENSES COMMITTED ON PUBLIC TRANSPORTATION) OR 9714 (RELATING
TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES), ANY PERSON
CONVICTED OF MURDER OF THE SECOND DEGREE OR MURDER OF THE THIRD
DEGREE IN THIS COMMONWEALTH WHO HAS PREVIOUSLY BEEN CONVICTED AT
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ANY TIME OF MURDER OR VOLUNTARY MANSLAUGHTER IN THIS
COMMONWEALTH OR OF THE SAME OR SUBSTANTIALLY EQUIVALENT CRIME IN
ANY OTHER JURISDICTION SHALL BE SENTENCED TO LIFE IMPRISONMENT,
NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER
STATUTE TO THE CONTRARY.
* * *
SECTION 4. CHAPTER 11 OF TITLE 61 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER E
EARNED VOCATIONAL TRAINING AND EDUCATION CREDIT
Sec.
1181. Scope and purpose of subchapter.
1182. Earned vocational training and education credit.
1183. Rules and regulations.
1184. Construction.
§ 1181. Scope and purpose of subchapter.
This subchapter relates to earned vocational training and
education credits. This subchapter seeks to encourage inmate
participation and completion of inmate vocational training and
education programs for the purposes of improving public safety
outcomes.
§ 1182. Earned vocational training and education credit.
(a) Training and credit.--Except as provided under this
section, an inmate sentenced on or after the effective date of
this section and committed to the department shall earn
vocational training and education credit toward reduction of an
aggregate minimum sentence according to the following schedule:
(1) Up to 90 days for completing a vocational program as
determined by the department.
(2) UP TO 120 days for attaining a general education
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development or high school diploma.
(3) Up to 90 days for completing a course offered from
an institution of higher education, as determined by the
department.
(4) UP TO 180 days for attaining a degree from an
institution of higher education.
(b) Limitation.--An inmate may not earn vocational training
and education credits under subsection (a) in excess of one-
fourth of the inmate's minimum sentence. Credits earned shall
not be applied until the inmate has completed programming
required by the department . Credits shall not be applied if the
inmate has less than nine months to serve before parole
eligibility.
(c) Exclusions.--An inmate sentenced for a conviction of any
of the following OR SENTENCED FOR A CONVICTION OF CRIMINAL
ATTEMPT OF, CRIMINAL SOLICITATION OF OR CRIMINAL CONSPIRACY TO
COMMIT ANY OF THE FOLLOWING may not earn vocational training and
education credits under subsection (a):
(1) 18 Pa.C.S. § 2502 (relating to murder). AN OFFENSE
UNDER 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE).
(2) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
(3) (2) An offense requiring registration under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual
offenders) or I (relating to continued registration of sexual
offenders) UNDER 42 PA.C.S. § 9799.14 (RELATING TO SEXUAL
OFFENSES AND TIER SYSTEM) .
(4) (i) (3) A second or subsequent crime of violence as
defined in 42 Pa.C.S. § 9714(g) (relating to sentences
for second and subsequent offenses) .
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(ii) Criminal attempt, criminal solicitation or
criminal conspiracy to commit a crime of violence as
defined in 42 Pa.C.S. § 9714(g) or an equivalent crime in
another jurisdiction. OR AN EQUIVALENT CRIME IN ANOTHER
JURISDICTION.
(c.1) Misconduct.--A person shall not be eligible for earned
vocational and education credits under subsection (a) if the
person has been found guilty of a major disciplinary infraction
involving drugs, violence or a sexual act after the effective
date of this subsection DURING THE SENTENCE THAT THE PERSON IS
SERVING .
(d) Parole.--The board may exercise its power to parole an
inmate at the expiration of the minimum term of imprisonment
fixed by the sentencing court less any earned vocational
training and education credits as provided under this
subchapter.
(e) Notice.--Eligibility for earned vocational training and
education credits shall be considered an element of the
disposition and sentence for the purposes of notice requirements
under section 213(f) of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.
(F) CREDIT CONSIDERATION.--EARNING VOCATIONAL TRAINING AND
EDUCATION CREDIT UNDER THIS SUBCHAPTER SHALL BE CONSIDERED
EDUCATION AND TRAINING ACTIVITIES FOR THE PURPOSES OF AN
INDIVIDUALIZED ASSESSMENT UNDER 63 PA.C.S. § 3113(C)(6)
(RELATING TO CONSIDERATION OF CRIMINAL CONVICTIONS).
§ 1183. Rules and regulations.
The department and board may adopt and promulgate rules and
regulations as deemed necessary to implement and administer this
subchapter.
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§ 1184. Construction.
(a) Construction.--This chapter shall not be construed to
confer any legal right upon an individual to:
(1) Participate in an earned vocational training or
education credit program.
(2) Continue participation in an earned vocational
training or education credit program.
(3) File a cause of action in any court to challenge the
department's determination regarding participation or
completion of any earned vocational training or education
credit program.
(b) (Reserved).
SECTION 5. THE DEFINITION OF "ELIGIBLE INMATE" IN SECTION
3903 OF TITLE 61 IS AMENDED TO READ:
§ 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:
* * *
"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
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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 WHO
HAS EVER BEEN CONVICTED OF MURDER OF THE SECOND DEGREE OR
CRIMINAL ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY
TO COMMIT ANY OF THESE OFFENSES.
* * *
Section 2 6. Sections 6137(a)(3) and (3.1)(i) and (g)(2),
(2.1), (4) introductory paragraph and (5) and 6137.1(b) of Title
61 are amended to read:
§ 6137. Parole power.
(a) General criteria for parole.--
* * *
(3) The power to parole granted under this section to
the board may not be exercised in the board's discretion at
any time before, but only after, the expiration of the
minimum term of imprisonment fixed by the court in its
sentence, less any vocational training and education credits
under Subchapter E of Chapter 11 (relating to earned
vocational training and education credit), or by the Board of
Pardons in a sentence which has been reduced by commutation.
(3.1) (i) Following the expiration of the offender's
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minimum term of imprisonment, less any vocational
training and education credits under Subchapter E of
Chapter 11, if the primary reason for not paroling the
offender is the offender's inability to access and
complete prescribed programming within the correctional
institution, the board may release the offender on parole
with the condition that the offender complete the
prescribed programming while on parole.
* * *
(g) Procedures for Recidivism Risk Reduction Incentive.--
* * *
(2) Upon identification of an inmate as an eligible
offender, as defined under section 4503 (relating to
definitions), the department shall send notice to the board.
The board shall send notice to the prosecuting attorney and
the court no less than six months before the expiration of
the offender's minimum sentence or the inmate's minimum
sentence less any vocational training and educational credits
under Subchapter E of Chapter 11, whichever occurs first,
indicating that the department has preliminarily identified
the offender as an eligible offender. The notice shall be
sent by United States mail unless the board, the court and
the prosecutor have consented to receipt of notice via
electronic means. For offenders committed to the department
whose expiration of the minimum sentence is six months or
less from the date of admission, the department shall give
prompt notice.
(2.1) The department shall provide the board all
information related to the offender's adjustment while
incarcerated, misconducts, if any, information related to
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programming and treatment, including success, completion or
failure to complete, any vocational training and education
credit earned under Subchapter E of Chapter 11, or any other
information the department deems relevant. The board shall
send such information to the prosecuting attorney and to the
court no less than six months before the expiration of the
offender's minimum sentence. The notice may be sent
electronically. For offenders committed to the department
whose expiration of the minimum sentence is six months or
less from the date of admission, such information shall be
sent at the same time prompt notice under paragraph (2) is
given.
* * *
(4) If no notice of objection has been filed under
paragraph (3), the eligible offender shall be paroled at the
minimum date, or the minimum date less any vocational
training and education credits under Subchapter E of Chapter
11, whichever occurs first, upon a determination by the board
or the board's designee that all of the following apply:
* * *
(5) If the court or prosecuting attorney files a timely
objection under paragraph (3), the board shall make a
determination as to whether the offender is an eligible
offender. The board shall notify the department, prosecuting
attorney and court of its determination no later than 30 days
prior to the minimum parole date[.], or a minimum parole date
less any earned vocational training and education credits
under Subchapter E of Chapter 11, whichever occurs first. If
the board determines that the offender is an eligible
offender under this chapter, the board shall follow the
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provisions under paragraph (4). If the board determines that
the offender is not an eligible offender under section 4503
(relating to definitions), the board shall retain exclusive
jurisdiction to grant parole and shall determine whether the
offender should be paroled at the minimum date, less any
earned vocational training and education credits under
Subchapter E of Chapter 11, paroled at a later date or denied
parole.
* * *
§ 6137.1. Short sentence parole.
* * *
(b) Approval of parole.--The board shall, without requiring
an interview, approve for parole a person eligible for short
sentence parole under this section at the expiration of the
person's minimum date or recidivism risk reduction incentive
minimum date, less any earned vocational training and education
credits under Subchapter E of Chapter 11 (relating to earned
vocational training and education credit), whichever is shorter.
If the person was committed to the department after expiration
of the person's minimum date, the board shall approve the person
for parole within 30 days after commitment to the department.
* * *
Section 3. Section 3113(c)(6) and (e)(1) of Title 63 are
amended to read:
§ 3113. Consideration of criminal convictions.
* * *
(c) Individualized assessment.--A licensing board or
licensing commission shall conduct an individualized assessment
of the individual with respect to criminal convictions and
rehabilitation. The licensing board or licensing commission
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shall only consider the following factors in order to determine
whether the individual meets the requirements for issuance of a
license, certificate, registration or permit under subsection
(b)(1) or (b)(2):
* * *
(6) Successful completion of education and training
activities, including those in a county correctional facility
or the Department of Corrections, and earning of vocational
training and education credits, if applicable.
* * *
(e) Crimes of violence.--An individual convicted of a crime
of violence as defined in 42 Pa.C.S. § 9714 (relating to
sentences for second and subsequent offenses) may be granted a
license, registration, certificate or permit by a licensing
board or licensing commission if all of the following apply:
(1) If the individual was incarcerated, at least three
years have elapsed since release from incarceration. The
period of three years shall be tolled for a violation of
parole. The period of three years under this paragraph shall
be reduced by a period of time equal to any earned vocational
training and education credits under 61 Pa.C.S. Ch. 11 Subch.
E (relating to earned vocational training and education
credit).
* * *
Section 4 3. This act shall take effect in one year.
SECTION 7. TITLE 61 IS AMENDED BY ADDING A SECTION TO READ:
§ 6137.3. PAROLE ELIGIBILITY FOR OFFENDERS SENTENCED TO LIFE
FOR MURDER OF THE SECOND DEGREE.
(A) PAROLE.--NOTWITHSTANDING SECTION 6137(A) (RELATING TO
PAROLE POWER), THE BOARD SHALL HAVE THE POWER TO PAROLE AN
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OFFENDER WHO IS SERVING A SENTENCE OF LIFE IMPRISONMENT FOR A
CONVICTION OF MURDER OF THE SECOND DEGREE THAT WAS IMPOSED PRIOR
TO THE EFFECTIVE DATE OF THIS SUBSECTION IF:
(1) THE OFFENDER HAS SERVED AT LEAST 35 YEARS
INCARCERATION OF THE LIFE SENTENCE; OR
(2) THE OFFENDER IS 70 YEARS OF AGE OR OLDER AND HAS
SERVED AT LEAST 20 YEARS INCARCERATION OF THE LIFE SENTENCE.
(B) EXCLUSIONS.--SUBSECTION (A)(1) SHALL NOT APPLY TO AN
OFFENDER CONVICTED OF MURDER OF THE SECOND DEGREE WHO:
(1) WAS SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE
UNDER 18 PA.C.S. § 1102.1 (RELATING TO SENTENCE OF PERSONS
UNDER THE AGE OF 18 FOR MURDER, MURDER OF AN UNBORN CHILD AND
MURDER OF A LAW ENFORCEMENT OFFICER);
(2) WAS UNDER 18 YEARS OF AGE AT THE TIME OF THE
COMMISSION OF THE OFFENSE AND WAS RESENTENCED TO LIFE
IMPRISONMENT WITHOUT PAROLE AFTER JUNE 24, 2012;
(3) KILLED, INTENDED TO KILL OR ATTEMPTED TO KILL A LAW
ENFORCEMENT OFFICER DURING THE COMMISSION OF THE OFFENSE; OR
(4) PARTICIPATED IN THE PERPETRATION OF RAPE OR DEVIATE
SEXUAL INTERCOURSE BY FORCE DURING THE COMMISSION OF THE
OFFENSE.
(C) BOARD CONSIDERATIONS.--IN ADDITION TO ANY OTHER
REQUIREMENT UNDER THIS CHAPTER, IN CONSIDERING WHETHER TO GRANT
PAROLE TO AN OFFENDER MADE ELIGIBLE UNDER SUBSECTION (A), THE
BOARD SHALL:
(1) GIVE PRIMARY CONSIDERATION TO THE PROTECTION OF THE
PUBLIC AND TO THE SAFETY OF THE VICTIM OR ANY OTHER PERSON.
(2) CONSIDER THE NATURE AND CIRCUMSTANCES OF THE
OFFENSE, INCLUDING:
(I) THE DEGREE OF THE OFFENDER'S CULPABILITY IN THE
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VICTIM'S DEATH AND THE PERPETRATION OF THE UNDERLYING
FELONY.
(II) WHETHER THE OFFENDER CAUSED, INTENDED TO CAUSE
OR ATTEMPTED TO CAUSE THE VICTIM'S DEATH.
(III) ANY OTHER CIRCUMSTANCE THE BOARD DEEMS
RELEVANT IN DECIDING WHETHER TO GRANT OR DENY PAROLE.
(D) ADDITIONAL REQUIREMENTS.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
A MAJORITY OF THE BOARD SHALL BE REQUIRED TO MAKE DECISIONS
REGARDING PAROLE UNDER THIS SECTION. ONLY BOARD MEMBERS SHALL
VOTE ON WHETHER TO GRANT PAROLE UNDER THIS SECTION. PRIOR TO
VOTING, EACH BOARD MEMBER SHALL REVIEW ANY VICTIM STATEMENT
AND TESTIMONY PROVIDED UNDER SECTION 6140 (RELATING TO VICTIM
STATEMENTS, TESTIMONY AND PARTICIPATION IN HEARING).
(2) THE BOARD MAY NOT CONSIDER PAROLE IN ANY CASE WHERE
THE BOARD OR THE OFFICE OF VICTIM ADVOCATE FAILS TO COMPLY
WITH THE PROCEDURES SPECIFIED IN THIS SECTION OR SECTION
6140.
(E) LIMITATIONS.--
(1) THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT THE
SENTENCE OR PAROLE ELIGIBILITY FOR ANY TERM OF IMPRISONMENT
IMPOSED FOR A SEPARATE OFFENSE.
(2) NOTHING UNDER THIS SECTION SHALL BE INTERPRETED AS
GRANTING A RIGHT TO BE PAROLED TO ANY OFFENDER.
(3) A DECISION BY THE BOARD RELATING TO AN OFFENDER WHO
IS ELIGIBLE FOR PAROLE UNDER SUBSECTION (A) OR SENTENCED
UNDER 18 PA.C.S. § 1102.1 MAY NOT BE CONSIDERED AN
ADJUDICATION UNDER 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH.
A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
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ACTION).
SECTION 8. SECTION 6139(A)(3.1) AND (3.2) OF TITLE 61 ARE
AMENDED TO READ:
§ 6139. PAROLE PROCEDURE.
(A) SPECIFIC REQUIREMENTS.--
* * *
(3.1) NOTWITHSTANDING PARAGRAPHS (2) AND (3), THE BOARD
SHALL NOT BE REQUIRED TO CONSIDER NOR TO DISPOSE OF AN
APPLICATION BY AN OFFENDER OR AN OFFENDER'S ATTORNEY IN THE
CASE OF AN OFFENDER WHO IS ELIGIBLE FOR PAROLE UNDER SECTION
6137.3(A) OR SENTENCED UNDER 18 PA.C.S. § 1102.1 (RELATING TO
SENTENCE OF PERSONS UNDER THE AGE OF 18 FOR MURDER, MURDER OF
AN UNBORN CHILD AND MURDER OF A LAW ENFORCEMENT OFFICER) OR
18 PA.C.S. § 1102.2 (RELATING TO SENTENCE FOR MURDER OF THE
SECOND DEGREE) IF A PAROLE DECISION HAS BEEN ISSUED BY THE
BOARD WITHIN FIVE YEARS OF THE DATE OF THE CURRENT
APPLICATION.
(3.2) NOTHING UNDER THIS SECTION SHALL BE INTERPRETED AS
GRANTING A RIGHT TO BE PAROLED TO ANY OFFENDER, AND A
DECISION BY THE BOARD AND ITS DESIGNEES RELATING TO AN
OFFENDER WHO IS ELIGIBLE FOR PAROLE UNDER SECTION 6137.3(A)
OR SENTENCED UNDER 18 PA.C.S. § 1102.1 MAY NOT BE CONSIDERED
AN ADJUDICATION UNDER 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH.
A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
ACTION).
* * *
SECTION 9. SECTION 6140 OF TITLE 61 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 6140. VICTIM STATEMENTS, TESTIMONY AND PARTICIPATION IN
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HEARING.
* * *
(J) VICTIM NOTIFICATION FOR CASES UNDER SECTION 6137.3(A).--
THIS SUBSECTION SHALL APPLY ONLY TO HEARINGS REGARDING THE
PAROLE OF AN OFFENDER UNDER SECTION 6137.3(A)(1) (RELATING TO
PAROLE ELIGIBILITY FOR OFFENDERS SENTENCED TO LIFE FOR MURDER OF
THE SECOND DEGREE). THE FOLLOWING APPLY:
(1) THE BOARD SHALL ENSURE THAT VICTIMS AND FAMILY
MEMBERS HAVE A REASONABLE OPPORTUNITY TO BE HEARD AT ANY
HEARING AUTHORIZED BY THIS SECTION. THE BOARD SHALL GIVE
MEANINGFUL CONSIDERATION TO ANY TESTIMONY PRESENTED AT THE
HEARING.
(2) THE OFFICE OF VICTIM ADVOCATE SHALL PROVIDE NOTICE
TO ANY VICTIM OR NEXT OF KIN, INCLUDING TO VICTIMS WHO ARE
REGISTERED WITH THE DEPARTMENT OF CORRECTIONS, THE OFFICE OF
VICTIM ADVOCATE AND THE PENNSYLVANIA PAROLE BOARD AND THOSE
WHOSE WHEREABOUTS ARE OTHERWISE KNOWN.
(3) THE OFFICE OF VICTIM ADVOCATE SHALL MAKE ALL
REASONABLE EFFORTS TO EFFECTUATE NOTICE WITHIN 30 DAYS OF THE
DATE THAT A HEARING IS GRANTED AND AT LEAST 60 DAYS PRIOR TO
THE HEARING.
(4) THE BOARD AND OFFICE OF VICTIM ADVOCATE SHALL MAKE
EVERY REASONABLE EFFORT TO IDENTIFY, FIND AND NOTIFY VICTIMS
WHO HAVE NOT REGISTERED WITH THE OFFICE OF VICTIM ADVOCATE.
(5) THE BOARD AND THE OFFICE OF VICTIM ADVOCATE SHALL
PROVIDE EACH BOARD MEMBER WITH WRITTEN NOTICE CONTAINING ONE
OF THE FOLLOWING:
(I) THE DATE AND MANNER BY WHICH NOTICE REQUIRED
UNDER THIS SECTION WAS EFFECTUATED; OR
(II) A DETAILED DESCRIPTION OF ALL EFFORTS AND
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METHODS EMPLOYED TO IDENTIFY, LOCATE AND NOTIFY THE
VICTIM OR NEXT OF KIN.
(6) TO EFFECTUATE THE REQUIREMENTS OF THIS SUBSECTION,
THE BOARD SHALL ISSUE GUIDELINES WITHIN 90 DAYS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH.
SECTION 10. IT IS THE INTENT OF THIS ACT TO REMEDY THE
PENNSYLVANIA SUPREME COURT'S DECISION IN COMMONWEALTH V. LEE,
2026 WL 855614 (PA. MARCH 26, 2026).
SECTION 11. THE ADDITION OF 18 PA.C.S. § 1102.2 SHALL APPLY
TO:
(1) OFFENSES COMMITTED ON OR AFTER THE EFFECTIVE DATE OF
THIS PARAGRAPH.
(2) OFFENSES COMMITTED PRIOR TO THE EFFECTIVE DATE OF
THIS PARAGRAPH FOR WHICH JUDGMENT OF SENTENCE HAS NOT YET
BEEN IMPOSED.
SECTION 12. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
THE AMENDMENT OR ADDITION OF 18 PA.C.S. §§ 1102(B)
AND 1102.2.
THE AMENDMENT OF 42 PA.C.S. §§ 9714(G) AND 9715(A).
THE AMENDMENT OF THE DEFINITION OF "ELIGIBLE INMATE"
IN 61 PA.C.S. § 3903.
THE AMENDMENT OR ADDITION OF 61 PA.C.S. §§ 6137.3,
6139(A)(3.1) AND (3.2) AND 6140(J).
SECTIONS 10 AND 11 OF THIS ACT.
THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN ONE
YEAR.
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