An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment and providing for modification of an imposed term of imprisonment for reasons of illness.

PRIOR PRINTER'S NO. 1386 PRINTER'S NO. 2066
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 150
Session of
2025
INTRODUCED BY KRAJEWSKI, ECKER, HILL-EVANS, RABB, GUENST,
McNEILL, FIEDLER, MAYES, CEPEDA-FREYTIZ, VENKAT, SANCHEZ,
KHAN, DALEY, BOROWSKI, D. WILLIAMS, WEBSTER, WAXMAN, KINKEAD,
WARREN, HOHENSTEIN, MADDEN, DAVIDSON, GREEN, M. JONES, CURRY,
N. NELSON, CONKLIN, POWELL, SALISBURY, FRANKEL, A. BROWN,
PIELLI, TAKAC, PARKER, DONAHUE, McCLINTON, MULLINS, CARROLL,
HANBIDGE, SCOTT, FLEMING, BRIGGS, INGLIS, K.HARRIS AND
KAZEEM, APRIL 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, repealing
provisions relating to transfer of inmates in need of medical
treatment and providing for modification of an imposed term
of imprisonment for reasons of illness.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9777 of Title 42 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 9777. Transfer of inmates in need of medical treatment.
(a) Inmates committed to custody of department.--If an
inmate is committed to the custody of the department, the
department, the inmate or a person to whom the court grants
standing to act on behalf of the inmate may petition the
sentencing court to temporarily defer service of the sentence of
confinement and temporarily remove the inmate committed to the
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custody of the department, or other facility, for placement in a
hospital, long-term care nursing facility or hospice care
location. The following shall apply:
(1) The sentencing court may approve the petitioner's
request to temporarily defer service of the sentence of
confinement and place the inmate in a hospital or long-term
care nursing facility under electronic monitoring by the
department upon clear and convincing proof that all of the
following apply:
(i) The medical needs of the inmate can be more
appropriately addressed in the hospital or long-term care
nursing facility.
(ii) The hospital or long-term care nursing facility
requested by the petitioner has agreed to accept the
placement of the inmate and to provide necessary medical
care.
(iii) The inmate is seriously ill and is expected by
a treating physician to not live for more than one year.
(iv) There are no writs filed or detainers lodged
against the inmate and the inmate is not subject to any
court order requiring the inmate's presence.
(v) The placement in the hospital or long-term care
nursing facility does not pose an undue risk of escape or
danger to the community. In making this determination,
the sentencing court shall consider the inmate's
institutional conduct record, whether the inmate was ever
convicted of a crime of violence, the length of time that
the inmate has been imprisoned and any other factors the
sentencing court deems relevant.
(vi) The hospital or long-term care nursing facility
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has agreed to notify the department and the court of any
material changes in the health status of the inmate, the
nature of the care provided or other information required
by the department.
(vii) Each agency representing the Commonwealth at a
proceeding which resulted in an order committing or
detaining the inmate, the State or local correctional
facility housing the inmate and any registered crime
victim have been given notice and an opportunity to be
heard on the petition.
(2) The sentencing court may approve the petitioner's
request to temporarily defer service of the sentence of
confinement in order for the inmate to receive care from a
licensed hospice care provider, proposed by the petitioner
and subject to electronic monitoring by the department, if
all of the following are established by clear and convincing
proof:
(i) The inmate is terminally ill, not ambulatory and
likely to die in the near future.
(ii) The licensed hospice care provider can provide
the inmate with more appropriate care.
(iii) Appropriate medical care and palliative and
supportive services will be provided by the licensed
hospice care provider at the proposed hospice care
location.
(iv) The placement of the inmate in the proposed,
licensed hospice care location does not pose an undue
risk of escape or danger to the community. In making this
determination, the sentencing court shall consider the
inmate's institutional conduct record, whether the inmate
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was ever convicted of a crime of violence, the length of
time that the inmate has been imprisoned and any other
factors the sentencing court deems relevant.
(v) The licensed hospice care provider has agreed to
notify the department and the sentencing court of any
material changes in the health status of the inmate, the
nature of the hospice care provided or other information
required by the department or the sentencing court.
(vi) Each agency representing the Commonwealth at a
proceeding which resulted in an order committing or
detaining the inmate, the State or local correctional
facility housing the inmate and any registered crime
victim have been given notice and an opportunity to be
heard on the petition.
(3) Any order entered pursuant to this subsection
temporarily deferring service of an inmate's sentence of
confinement shall include a provision that the department or
prosecuting attorney may at any time petition the sentencing
court for an order directing that the inmate be recommitted
to the custody of the department if the circumstances under
which the inmate was released change or for any previously
unknown circumstances, including a change in the inmate's
medical status, the inmate's risk of escape, the inmate's
danger to the community or the nature of the medical or other
care provided by the hospital, long-term care nursing
facility or hospice care provider.
(4) The sentencing court may terminate at any time its
order authorizing the temporary deferral of the service of an
inmate's sentence of confinement entered pursuant to this
subsection. An inmate taken into custody pursuant to an order
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directing the inmate's detention or recommitment under this
subsection shall be delivered to the nearest State
correctional institution pending a hearing on the matter.
(b) Inmates committed to custody of other facilities.--An
inmate not committed to the custody of the department but
confined in an institution authorized to incarcerate or detain
persons for criminal sentences, violations of criminal law or
orders of parole, probation, bail or other order related to a
civil or criminal matter may have service of the sentence of
confinement deferred and may be placed in a hospital, long-term
care nursing facility or licensed hospice care location, subject
to electronic monitoring, by order of the judge that committed
the inmate to the facility or institution or by another
available judge designated to preside if all of the following
are established by clear and convincing proof:
(1) The chief administrator, the chief administrator's
designee, the inmate or a person to whom the court grants
standing to act on behalf of the inmate petitions the court
or has given written consent to the grant of a petition under
this section filed on behalf of the inmate.
(2) There is sufficient proof to establish the
requirements for a placement to a hospital or long-term care
nursing facility under subsection (a)(1) or a placement to a
hospice care location under subsection (a)(2).
(3) An entry of an order pursuant to this subsection
temporarily deferring service of an inmate's sentence of
confinement shall include a provision that the chief
administrator or the prosecuting attorney may at any time
petition the sentencing court seeking the issuance of a bench
warrant directing that the inmate be recommitted to the
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custody of the appropriate correctional institution if the
circumstances under which the inmate was released change or
for previously unknown circumstances, including a change in
the inmate's medical status, the inmate's risk of escape, the
inmate's danger to the community or the nature of the medical
or other care provided by the hospital, long-term care
nursing facility or hospice care provider.
(4) The sentencing court may terminate at any time its
order authorizing the temporary deferral of the service of an
inmate's sentence of confinement entered pursuant to this
subsection. An inmate taken into custody pursuant to an order
directing detention or recommitment under this subsection
shall be delivered to the county correctional institution or
other institution at which the inmate was confined prior to
the entry of the order deferring the service of the sentence
of confinement pending a hearing on the matter.
(c) Service.--Any petition filed under this section shall be
served on each agency representing the Commonwealth at each
proceeding which resulted in an order by which the inmate is
committed or detained and to the correctional institution or
institution responsible for housing the inmate. Each party shall
have an opportunity to object and be heard as to the petition
for alternative placement, the circumstances of placement, the
conditions of return or any other relevant issue. The court
shall ensure that any crime victim entitled to notification
under section 201(7) or (8) of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act, has been
given notice and the opportunity to be heard on the petition.
All parties served or notified under this subsection shall
receive a copy of the final order adjudicating the petition.
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(d) Notice.--
(1) Any order entered under this section placing an
inmate in a hospital, long-term care nursing facility or
hospice care location which provides care to persons who were
not placed therein pursuant to an order entered under this
section shall direct the individual in charge of the
hospital, long-term care nursing facility or hospice care
location to ensure that each person receiving care at, and
each employee or contractor working in, the hospital, long-
term care nursing facility or hospice care location is
notified that the placement was ordered if it is foreseeable
that the person, employee or contractor will come into
contact with the inmate during the placement.
(2) The sentencing court shall forward notice of any
order entered under this section placing an inmate in a
hospital, long-term care nursing facility or hospice care
location to the hospital, long-term care nursing facility or
hospice care location and to the Department of Human
Services.
(e) Petition requirements.--Any petition filed pursuant to
this section must aver:
(1) The name of the hospital, long-term care nursing
facility or hospice care location proposed for placement.
(2) That the petitioner reasonably believes the named
hospital, long-term care nursing facility or hospice care
location has agreed to accept the placement of the inmate and
the facts upon which that belief is based.
(f) Removal from placement.--If an inmate placed in a
hospital, long-term care nursing facility or hospice care
location pursuant to this chapter removes himself from the
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hospital, long-term care nursing facility or hospice care
location, the inmate shall be subject to arrest upon probable
cause and shall, upon conviction thereof, be guilty of criminal
contempt.
(g) 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:
"Chief administrator." As defined under 61 Pa.C.S. § 102
(relating to definitions).
"Department." The Department of Corrections of the
Commonwealth.
"Hospice care location." A home, independent living
environment or inpatient setting that provides a coordinated
program of palliative and supportive services through a licensed
hospice care provider.
"Hospital." An entity licensed as an acute-care general
hospital, a specialty hospital or a rehabilitation hospital
under the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Licensed hospice care provider." A hospice as defined under
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
"Long-term care nursing facility." A long-term care nursing
facility as defined under section 802.1 of the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Prosecuting attorney." The Office of Attorney General of
the Commonwealth or the office of a district attorney of a
county who represented the Commonwealth at the most recent
sentencing of an inmate.
"Sentencing court." The trial judge who most recently
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sentenced an inmate or, if the trial judge is no longer serving
as a judge of that court, the president judge of the county
court of common pleas.]
Section 2. Title 42 is amended by adding a section to read:
§ 9778. Modification of an imposed term of imprisonment for
reasons of illness.
(a) Authority of court.--The court that imposed a sentence
on a defendant or inmate may modify a term of imprisonment upon
petition by the secretary, chief administrator of any other
institution, the prosecuting attorney, the inmate or the court
if either of the following conditions is satisfied:
(1) Extraordinary and compelling family hardship
warrants the modification. A hardship may include the
following:
(i) the death or physical or mental incapacitation
of the caregiver for the inmate's minor child or
children; or
(ii) the physical or mental incapacitation of the
inmate's spouse or partner if the inmate would be the
only available caregiver for the spouse or partner.
(2) The inmate has a substantially diminished ability to
function in a correctional facility due to:
(i) a terminal illness;
(ii) a chronic and debilitating physical or medical
condition or disease;
(iii) a serious functional or cognitive impairment;
or
(iv) deteriorating physical or mental health due to
the aging process.
(A) AUTHORITY OF COURT.--THE COURT THAT IMPOSED A SENTENCE
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ON A DEFENDANT OR INMATE MAY MODIFY A TERM OF IMPRISONMENT UPON
PETITION BY THE SECRETARY, THE CHIEF ADMINISTRATOR OF ANY OTHER
INSTITUTION, THE PROSECUTING ATTORNEY, THE INMATE OR THE COURT,
WHICH ESTABLISHES CLEAR AND CONVINCING PROOF THAT ANY OF THE
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A
TREATING PROVIDER OR PHYSICIAN WITH A TERMINAL ILLNESS THAT
WILL REDUCE THE INDIVIDUAL'S LIFE EXPECTANCY.
(2) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A
TREATING PROVIDER OR PHYSICIAN WITH A SERIOUS ILLNESS THAT
RESULTS IN THE INABILITY TO INDEPENDENTLY PERFORM ONE OR MORE
ACTIVITIES OF DAILY LIVING.
(3) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A
TREATING PROVIDER OR PHYSICIAN WITH A LIFE-THREATENING
ILLNESS THAT CAN BE MORE APPROPRIATELY TREATED OUTSIDE THE
CORRECTIONAL FACILITY AND FOR WHICH THE MORE APPROPRIATE
TREATMENT MAY PREVENT PREMATURE DEATH.
(4) THE DEFENDANT OR INMATE HAS BEEN DIAGNOSED BY A
TREATING PROVIDER OR PHYSICIAN WITH A SERIOUS FUNCTIONAL OR
COGNITIVE IMPAIRMENT, OR WITH DETERIORATING PHYSICAL OR
MENTAL HEALTH DUE TO THE AGING PROCESS, THAT RESULTS IN THE
INABILITY TO INDEPENDENTLY PERFORM ONE OR MORE ACTIVITIES OF
DAILY LIVING.
(b) Notification and decision requirements.--
(1) If a petition for sentence modification is filed by
an inmate under subsection (a), the inmate shall provide a
copy of the petition to the department or other institution
within seven business days of filing the petition.
(2) Within three business days of receiving the inmate's
petition for modification under paragraph (1), or within
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three business days of the department or other institution
filing a petition on behalf of an inmate under subsection
(a), the department, other institution or the district
attorney for the county where the conviction occurred shall,
subject to any applicable confidentiality requirements,
notify the Office of the Victim Advocate and any registered
victim of the inmate's offense of the petition and the
general reasons for the petition and provide an opportunity
to respond to the court in writing within seven days.
(3) The department or other institution shall, subject
to any applicable confidentiality requirements:
(i) In the case of an inmate diagnosed with a
terminal illness:
(A) No later than 72 hours after the diagnosis
by a medical professional employed or contracted by
the department or other institution:
(I) Notify the inmate's last attorney of
record, spouse or partner and immediate family
members of the inmate's condition.
(II) Inform the inmate's attorney, spouse or
partner and family members that they may prepare
and submit on the inmate's behalf a petition for
sentence modification under subsection (a)(2)
(A) .
(III) Provide the inmate's medical records
to the inmate and the inmate's attorney, spouse
or partner or family member.
(B) No later than seven days after the date of
the diagnosis, provide the inmate's spouse or partner
and immediate or extended family members with an
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opportunity to visit the inmate in person unless
compelling reasons exist for denying the visit and
the reasons are provided in writing.
(C) Upon request from the inmate or the inmate's
attorney, spouse or partner or family members, ensure
that the department or other institution employees
assist the inmate in the preparation, drafting or
submission of a petition for sentence modification
under subsection (a)(2) (A) .
(ii) In the case of an inmate who is physically or
mentally unable to prepare or file a petition for
sentencing modification under subsection (a)(2) (A) :
(A) Inform the inmate's attorney, spouse or
partner and family members that they may prepare and
submit a petition for sentencing modification under
subsection (a)(2) (A) .
(B) Upon request from the inmate, the inmate's
attorney, spouse or partner or family members:
(I) Ensure that the department or other
institution employee staff assist the inmate in
the preparation, drafting and submission of a
petition for sentence modification under
subsection (a)(2) (A) .
(II) Within three days of the request,
provide the inmate's medical records to the
inmate, the inmate's attorney, spouse or partner
or family members.
(iii) Ensure that all department or other
institutional facilities regularly and visibly post,
including in inmate handbooks, staff training materials
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and facility law libraries and medical and hospice
facilities, and make available to inmates upon demand,
notice of:
(A) An inmate's right to petition for a sentence
modification under subsection (a).
(B) The procedures and timelines for initiating
and resolving petitions described in subsections (c)
(2) and (d).
(c) Judicial procedure.--
(1) Upon receipt of a petition for a sentence
modification under subsection (a), the court:
(i) Shall give the Commonwealth an opportunity to
respond to the petition in writing within 10 days or a
shorter time as set by the court.
(ii) May order a hearing on the petition without
requiring the inmate to attend in person.
(iii) Shall request, from the department or other
institution, the petitioner's disciplinary record. The
record shall be provided to the court within 10 days or a
shorter time as set by the court.
(2) The court shall:
(i) Issue a decision on the petition, stating the
reasons for the decision and the decision shall be made :
(A) Within 60 days of a petition made under
subsection (a)(1).
(B) Within WITHIN 30 days of a petition made
under subsection (a)(2) (A) .
(ii) Immediately provide a copy of the decision to
the inmate, the inmates' attorney, the Office of Victim
Advocate, the secretary, the chief administrator of any
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other facility and any registered victim of the inmate's
offense.
(3) The court shall, when issuing a decision on the
petition, consider the following:
(i) Any response to the petition for sentence
modification by the Office of Victim Advocate and any
registered victim of the inmate's offense.
(ii) Any recommendation of the secretary or chief
administrator of any other institution.
(iii) The inmate's instant offense or offenses of
conviction.
(iv) The inmate's sentence and time served on the
instant offense or offenses of conviction.
(v) The inmate's current age, physical and mental
condition and ability to function within a correctional
environment.
(vi) The inmate's postrelease care plan, if any.
(vii) The inmate's disciplinary record while
incarcerated as well as any history of accomplishments,
programing attended or other records demonstrating
rehabilitation.
(viii) The likelihood that the inmate would pose an
unreasonable risk of danger to others or the community if
released.
(4) In granting a petition under subsection (a), the
court may impose any reasonable condition of release that
might be imposed under a sentence of probation under section
9754 (relating to order of probation) and any other condition
specifically tailored to the circumstances giving rise to the
order that is least restrictive of an inmate's liberty.
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(5) An order granting or denying a petition under this
section shall be a final order for the purposes of Pa.R.A.P.
No. 341 (relating to final orders; generally).
(d) Annual report.--No later than one year after September
1, 2026, and once every year thereafter, the secretary shall
submit to the Judiciary Committee of the Senate and the
Judiciary Committee of the House of Representatives a report on
petitions for sentence modifications under subsection (a), which
shall include descriptions of the following:
(1) The number of inmates granted and denied sentence
modifications, categorized by the criteria relied on for the
grounds for a modification in sentence.
(2) The number of petitions initiated by or on behalf of
inmates, categorized by the criteria relied on as the grounds
for a modification in sentence.
(3) The number of petitions that the department
employees assisted inmates in drafting, preparing or filing,
categorized by the criteria relied on as the grounds for a
modification in sentence and the final decision made in each
petition.
(4) The number of petitions that the attorneys, spouses
or partners or family members submitted on an inmate's
behalf, categorized by the criteria relied on as the grounds
for a modification in sentence and the final decision made in
each petition.
(5) The number of petitions filed in court by the
secretary, categorized by the criteria relied on as the
grounds for a modification in sentence and the final decision
made in each petition.
(6) For each petition filed in court by the secretary
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under subsection (a)(2) (A) BASED ON A DIAGNOSIS OF TERMINAL
ILLNESS , the time elapsed between the date the inmate was
diagnosed with a terminal illness and the date the secretary
filed the petition in court, categorized by the criteria
relied on as the grounds for a modification in sentence and
the final decision made in each petition.
(7) For each criteria listed in subsection (a), the
number of inmates who died while a petition for sentence
modification was pending.
(8) The number of department notifications to attorneys,
spouses or partners and family members of their right to
visit a terminally ill inmate as required under subsection
(b)(3)(i) and, for each notification, whether the visit
occurred and how much time elapsed between the notification
and the visit.
(9) The number of visits to each terminally ill inmates
that were denied by the department due to security or other
concerns and the reason given for each denial.
(e) Regulations.--The department and the Administrative
Office of Pennsylvania Courts shall promulgate rules and
regulations to comply with the requirements of this section
within 180 days of the effective date of this subsection.
(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:
"Chronic and debilitating physical or medical condition or
disease." The term includes a medical condition that is
persistent or permanent, requires medication or ongoing care
from a physician or impairs a person's ability to perform
routine daily tasks or self care.
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"ACTIVITIES OF DAILY LIVING." FUNDAMENTAL SELF-CARE TASKS
ESSENTIAL FOR INDEPENDENT LIVING, INCLUDING BATHING, DRESSING,
EATING, TRANSFERRING SUCH AS MOVING BETWEEN A BED AND A CHAIR,
TOILETING AND PERSONAL HYGIENE.
"Department." The Department of Corrections of the
Commonwealth.
"Deteriorating physical or mental health." The term includes
a loss of mobility in the limbs or body, inability to walk
without assistance, incontinence, forgetfulness, disorientation
or inability to perform routine daily tasks or self care without
assistance or supervision.
"LIFE-LIMITING ILLNESS." A MEDICAL CONDITION THAT IS
INCURABLE AND PROGRESSIVE AND THAT WILL SHORTEN THE INDIVIDUAL'S
LIFE.
"Other institution." An institution other than the
department that is authorized to incarcerate or detain
individuals for criminal sentences, violations of criminal law
or orders of parole, probation, bail or other order related to a
civil or criminal matter.
"Secretary." The Secretary of Corrections of the
Commonwealth.
"Serious functional or cognitive impairment." A condition
that is persistent or permanent and limits the inmate's ability
to reason, perceive, comprehend or communicate. The term
includes intellectual disabilities, mental illness, dementia and
brain damage from injury or stroke.
"Substantially diminished." The inmate is unable or only
partially able to perform one or more essential daily tasks or
self care without partial or total assistance or supervision.
"Terminal illness." A disease or condition with an end-of-
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life trajectory, with or without a specific prognosis of life
expectancy. The term includes metastatic solid tumor cancer,
amyotrophic lateral sclerosis, end-stage organ disease and
advanced dementia.
"TERMINAL ILLNESS." AN INCURABLE DISEASE OR CONDITION THAT
IS LIFE-LIMITING AND HAS AN END-OF-LIFE TRAJECTORY, WITH OR
WITHOUT A SPECIFIC PROGNOSIS OF LIFE EXPECTANCY. THE TERM
INCLUDES METASTATIC SOLID TUMOR CANCER, AMYOTROPHIC LATERAL
SCLEROSIS, END-STAGE ORGAN DISEASE AND ADVANCED DEMENTIA.
Section 3. Any regulations or parts of regulations are
abrogated insofar as they are inconsistent with the repeal or
addition of 42 Pa.C.S. §§ 9777 and 9778.
Section 4. This act shall apply to an individual sentenced
on, before or after the effective date of this section.
Section 5. This act shall take effect in 60 days.
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