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PRINTER'S NO. 976
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 875
Session of
2025
INTRODUCED BY LANGERHOLC, BAKER, DUSH, ARGALL, STEFANO, J. WARD
AND VOGEL, JUNE 23, 2025
REFERRED TO JUDICIARY, JUNE 23, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 61 (Prisons and
Parole) of the Pennsylvania Consolidated Statutes, in
criminal history record information, further providing for
clean slate limited access; in motivational boot camp,
further providing for definitions, for selection of inmate
participants, for motivational boot camp program, for
procedure for selection of participant in motivational boot
camp program, for completion of motivational boot camp
program and for evaluation; in State drug treatment program,
further providing for definitions; and, in miscellaneous
provisions, providing for report on incarcerated individuals
with certain health conditions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122.2(b)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and subsections
(a) and (b) are amended by adding paragraphs to read:
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
* * *
(1.2) Subject to whether a court has vacated an order
for limited access under section 9122.4 (relating to order to
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vacate order for limited access), criminal history record
information pertaining to a conviction that rendered an
individual eligible for the motivational boot camp program
under 61 Pa.C.S. § 3905 (relating to m otivational boot camp
program ), if a person successfully completed the motivational
boot camp program in accordance with 61 Pa.C.S. § 3907
(relating to c ompletion of motivational boot camp program ),
for three years following program completion for misdemeanor
offenses and has been free of conviction for any offense
punishable by imprisonment for one or more years and if
payment of all court-ordered restitution has occurred. Upon
payment of all court-ordered restitution, the person whose
criminal history record information is subject to limited
access under this paragraph shall also pay the fee previously
authorized to carry out the limited access and clean slate
limited access provisions.
(1.3) Subject to whether a court has vacated an order
for limited access under section 9122.4, criminal history
record information pertaining to a conviction that rendered
an individual eligible for the motivational boot camp program
under 61 Pa.C.S. § 3905, if a person successfully completed
the motivational boot camp program in accordance with 61
Pa.C.S. § 3907, and for five years following program
completion for felony offenses has been free of conviction
for any offense punishable by imprisonment for one or more
years and if payment of all court-ordered restitution has
occurred. Upon payment of all court-ordered restitution, the
person whose criminal history record information is subject
to limited access under this paragraph shall also pay the fee
previously authorized to carry out the limited access and
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clean slate limited access provisions.
* * *
(b) Procedures.--
(1) On a monthly basis, the Administrative Office of
Pennsylvania Courts shall transmit to the Pennsylvania State
Police central repository the record of any conviction
eligible for limited access under subsection (a)(1), (1.2) or
(1.3).
* * *
(6) Within 30 days of a person becoming eligible under
subsection (a)(1.2) or (1.3), the Department of Corrections
shall certify to the Administrative Office of Pennsylvania
Courts the person's successful completion of the motivational
boot camp program.
* * *
Section 2. 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
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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
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
criminal attempt, criminal solicitation or criminal conspiracy
to commit any of these offenses.] A person who has not been
designated by a sentencing judge as ineligible and to whom the
following apply:
(1) The person has not 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).
(2) The person is not currently convicted or has not
been convicted within the past 10 years of a crime listed
under 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
(3) The person is not subject to a sentence of which
included an enhancement for the use of a deadly weapon as
defined pursuant to law or the sentencing guidelines
promulgated by the commission.
(4) The person is not awaiting trial or sentencing for
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additional criminal charges. This does not include a traffic
citation which is classified as summary offense under 75
Pa.C.S. (relating to vehicles).
(5) The person has been sentenced to a term of
confinement under the jurisdiction of the department, the
minimum of which is not more than two years, or a person who
is serving a term of confinement, the minimum of which is not
more than five years where the person is within two years of
completing the person's minimum term.
* * *
Section 3. Sections 3904(b) and (c), 3905(d), 3906, 3907 and
3909 of Title 61 are amended to read:
§ 3904. Selection of inmate participants.
* * *
(b) Duties of sentencing judge.--The sentencing judge shall
employ the sentencing guidelines to identify those defendants
who are eligible for participation in a motivational boot camp.
The judge shall have the discretion to exclude a defendant from
eligibility if the judge determines that the defendant would be
inappropriate for placement in a motivational boot camp. The
judge shall note on the sentencing order whether the defendant
has been excluded from eligibility for a motivational boot camp
program. When determining whether the defendant is eligible, the
sentencing judge shall consider the following:
(1) Whether the defendant's participation in a
motivational boot camp is consistent with the safety of the
community.
(2) Whether the defendant's participation in a
motivational boot camp is consistent with the welfare of the
individual.
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(3) Whether the defendant's participation in a
motivational boot camp is consistent with the objectives of
the department.
(4) The health and physical condition of the defendant.
(5) The defendant's criminal history.
(6) The defendant's escape history.
(7) The defendant's institutional adjustment during
prior incarcerations.
(8) Outstanding detainers or parole warrants, or both,
for the defendant.
(9) The defendant's psychological profile.
(10) The position of a victim of the defendant's crime,
as advised by the prosecuting attorney, on the eligibility of
the defendant.
(11) The position of the prosecuting attorney on the
eligibility of the defendant.
(12) Whether the defendant will sign a memorandum of
understanding agreeing to the terms of the motivational boot
camp program.
(c) Duties of department.--[The secretary shall promulgate
rules and regulations providing for inmate selection criteria
and the establishment of motivational boot camp selection
committees within each diagnostic and classification center of
the department.] Following a determination by the sentencing
judge, the eligible inmate shall be placed in the motivational
boot camp program unless the selection committee and the
department finds that the admittance of the eligible inmate is
substantially more likely than not inconsistent with the safety
of the community and the welfare of the applicant. The
department shall promptly notify, in writing, the court, the
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eligible inmate and the attorney for the Commonwealth, of the
placement or denial of placement of the eligible inmate.
* * *
§ 3905. Motivational boot camp program.
* * *
(d) Approval.--Motivational boot camp programs may be
established [only at correctional institutions classified by the
secretary as motivational boot camp institutions.] as follows:
(1) The department shall establish a motivational boot
camp, which shall operate at a correctional institution that
operated a motivational boot camp on or before January 1,
2025, and the institution is located in a county of the sixth
class with a population between 80,000 and 81,000 based on
the most recent Federal decennial census.
(2) (Reserved).
§ 3906. Procedure for selection of participant in motivational
boot camp program.
[(a) Application.--An eligible inmate may make an
application to the motivational boot camp selection committee
for permission to participate in the motivational boot camp
program.]
(a.1) Memorandum of understanding required.--An eligible
inmate that seeks admission into the motivational boot camp
program shall sign a memorandum of understanding agreeing to the
terms of the motivational boot camp program. The memorandum of
understanding shall be transmitted to the selection committee
for the eligible inmate's admittance to the program.
(b) Selection.--[If the selection committee determines that
an inmate's participation in the program is consistent with the
safety of the community, the welfare of the applicant, the
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programmatic objectives and the rules and regulations of the
department,] Unless the committee determines that admittance of
the eligible inmate is substantially more likely than not
inconsistent with the safety of the community and the welfare of
the applicant, the committee shall forward [the application] all
information associated with the eligible inmate to the secretary
or his designee for approval [or disapproval].
(c) Conditions.--Applicants may not participate in the
motivational boot camp program unless they agree to be bound by
all the terms and conditions thereof and indicate their
agreement by signing a memorandum of understanding.
(d) Qualifications to participate.--Satisfaction of the
qualifications set forth in this section to participate does not
mean that an inmate will automatically be permitted to
participate in the program.
(e) Expulsion from program.--
(1) An inmate's participation in the motivational boot
camp unit may be suspended or revoked for administrative or
disciplinary reasons.
(2) The department shall develop regulations consistent
with this subsection.
§ 3907. Completion of motivational boot camp program.
Upon certification by the department of the inmate's
successful completion of the program, the Pennsylvania Board of
Probation and Parole shall immediately release the inmate on
parole, notwithstanding any minimum sentence imposed in the
case. [The parolee will be subject to intensive supervision for
a period of time determined by the board, after which the
parolee will be subject to the usual parole supervision.] The
entire term of confinement that rendered the participant
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eligible to participate in the motivational boot camp program
shall be deemed to have been served. For all other purposes, the
parole of the inmate shall be as provided by Chapter 61
(relating to Pennsylvania Board of Probation and Parole).
§ 3909. Evaluation.
The department and the commission shall monitor and evaluate
the motivational boot camp program to ensure that the
programmatic objectives are met. The Legislative Budget and
Finance Committee, in collaboration with the department and the
commission, shall present an annual report to the Judiciary
Committee of the Senate and the Judiciary Committee of the House
of Representatives no later than February 1 of each year. The
annual report shall include the following:
(1) The one-year recidivism rate of the motivational
boot camp program.
(2) The three-year recidivism rate of the motivational
boot camp program.
(3) The annual number of GEDs granted amongst
participants of the motivational boot camp program.
(4) The cost savings associated with the motivational
boot camp program.
(5) Any other information the Legislative Budget and
Finance Committee deems necessary.
Section 4. The definition of "eligible person" in section
4103 of Title 61 is amended to read:
§ 4103. 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:
* * *
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"Eligible person."
(1) A person who has not been designated by the
sentencing court as ineligible and is a person convicted of a
drug-related offense who:
(i) Has undergone an assessment performed by the
Department of Corrections, which assessment has concluded
that the person is in need of drug and alcohol addiction
treatment and would benefit from commitment to the State
drug treatment program and that placement in the State
drug treatment program would be appropriate.
(ii) Does not demonstrate a history of present or
past violent behavior.
(iii) Is a person sentenced to a term of confinement
under the jurisdiction of the department, the minimum of
which is not more than two years, or a person who is
serving a term of confinement, the minimum of which is
not more than five years where the person is within two
years of completing the person's minimum term.
(iv) Provides written consent permitting release of
information pertaining to the person's participation in
the State drug treatment program.
(2) The term shall not include a person who is subject
to a sentence the calculation of which includes an
enhancement for the use of a deadly weapon, as defined
pursuant to law or the sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing, a person 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 a person with a current conviction or a
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prior conviction within the past ten years for 18 Pa.C.S. §
2502 (relating to murder), drug trafficking as defined in
this section or a crime of violence as defined in 42 Pa.C.S.
§ 9714(g) (relating to sentences for second or subsequent
offenses) or criminal attempt, criminal solicitation or
criminal conspiracy to commit any of these offenses.
(2.1) The term shall not include a person who is
actively participating in the motivational boot camp program
established under section 3905 (relating to motivational boot
camp program). This paragraph does not preclude an individual
from being eligible after completion or expulsion from the
motivational boot camp program.
* * *
Section 5. Title 61 is amended by adding a section to read:
§ 5912. Report on incarcerated individuals with certain health
conditions.
The Legislative Budget and Finance Committee shall conduct a
study, in collaboration with the department, the Department of
Human Services, the Administrative Office of Pennsylvania Courts
and the commission, on the incarceration of individuals with
certain health conditions, to which the following shall apply:
(1) The study shall include the following information:
(i) The number of inmates currently in a State
correctional institution in this Commonwealth who have a
terminal illness or a seriously deteriorating medical
condition that is not compatible with the traditional
incarceration setting.
(ii) Aggregate costs associated with an inmate with
a terminal illness or seriously deteriorating medical
condition that is not compatible with the traditional
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incarceration setting and the difference from an inmate
without a terminal illness or a seriously deteriorating
medical condition that is not compatible with the
traditional incarceration setting , which shall include
any reimbursements from Federal and State entities.
(iii) Aggregate information related to the severity
of the offense for individuals with a terminal illness or
a seriously deteriorating medical condition that is not
compatible with the traditional incarceration setting,
including the statutory grading, offense gravity score,
prior record score and the length of sentence.
(iv) The ability, potential cost savings and
benefits of using a nontraditional correctional setting
for the incarceration of inmates with terminal illness or
a seriously deteriorating medical condition, which shall
include the consideration of the correctional institution
that operates a motivational boot camp program
established under section 3905 (relating to motivational
boot camp program).
(v) Best practices from other states related to the
incarceration of individuals with certain health
conditions.
(vi) Any other information the Legislative Budget
and Finance Committee deems relevant.
(2) The Legislative Budget and Finance Committee shall
submit a report of its findings to the General Assembly under
paragraph (1) no later than March 31, 2026.
Section 6. This act shall take effect as follows:
(1) The following shall take effect immediately:
The amendment of 61 Pa.C.S. § 3905(d).
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The addition of 61 Pa.C.S. § 5912.
This section.
(2) The amendment of 18 Pa.C.S. § 9122.2 shall take
effect in 180 days.
(3) The remainder of this act shall take effect in 60
days.
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