Justice Reinvestment Iniative 2

Quehanna Boot Camp is humane program in which eligible male and female inmates participate for a period of six months that provides for rigorous physical activity, intensive regimentation and discipline accomplished through an individualized plan for each inmate. The program may include substance abuse treatment services, mental health treatment services, cognitive behavioral treatment, physical health improvements, development of a positive work ethic, continuing education, vocational training, and reentry counseling.  An inmate that successfully the BC program will be automatically paroled to continue their sentence at an approved home plan or a community correctional center.

The items below are a summary and do not include all legal aspects of the Boot Camp.  Please see 61 Pa.C.S. Ch. 39 for specifics..

Summary of Statutory Eligibility

• Cannot have a controlling minimum greater than 3 years at the time of sentencing
• Must be within two years of their controlling minimum to begin the program
• Has not reached 40 years of age at the time the inmate is approved
• Must not be excluded by the Judge at the time of sentencing
• DOC has final authority to decide appropriateness for the program
• Cannot be convicted of the following crimes:
• • any inmate who is subject to a sentence the calculation of which included an enhancement for the use of a deadly weapon
  • 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)
  • 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.

Current DOC Considerations

• Medical Evaluation
• Psychological Evaluation
• Unit Team Support
• Behavioral Considerations
• Review of certain crimes, even if not exclusionary by statute
• Time left until controlling minimum sentence
• Open charges, detainers or warrant issues

Boot Camp Waiver of Ineligibility

• The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.
• The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

The items below are a summary and do not include all legal aspects of the State Drug Treatment Program (SDTP).  Please see 61 Pa.C.S. Ch. 41 for specifics.

Summary of Statutory Eligibility

A person who has not been designated by the sentencing court as ineligible and who:

• Has undergone an assessment performed by the DOC, which assessment has concluded that the person needs drug and alcohol addiction treatment and would benefit from commitment to the State Drug Treatment Program (SDTP) and that placement in the SDTP would be appropriate.
• Is sentenced to a term of confinement under the jurisdiction of the DOC, the true minimum of which is not more than five years where the person is within two years of completing the person's controlling minimum term.

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.
• 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)
• has 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 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.

Other Considerations

The judge shall:

• consider the position of a victim of the crime, as advised by the prosecuting attorney, on whether to exclude the person from eligibility for placement in the SDTP
• exclude the person from eligibility if the prosecuting attorney opposes eligibility.
• note on the sentencing order if a person has been excluded from eligibility for the SDTP.

Current DOC Considerations

• Psychological Evaluation
• Unit Team Support
• Behavioral Considerations
• Review of certain crimes, even if not exclusionary by statute
• Time left until minimum sentence
• Must have at least 24 months to maximum date
• Open charges, detainers or warrant issues

Consecutive probation/Special Probation:  The court may sentence an eligible person to a consecutive period of probation.   This requirement would remain even after successful completion of the SDTP.

SDTP Waiver of Ineligibility

• The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.
• The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

Placement in the SDTP:  If the DOC, in its discretion, believes an eligible person would benefit from the SDTP and placement in the program is appropriate, the DOC shall make the placement and notify the court, the eligible person, the commission and the attorney for the Commonwealth of the placement.

Duration and Components

The duration of the SDTP is 24 months, but if the participant is unable to complete the program within 24 months and is otherwise compliant with the program, subject to the discretion of the DOC, the program duration may be extended up to 30 months total in order for the participant to successfully complete the program.  The entire program length cannot exceed the maximum sentence imposed.  The program shall include the following:

• Level 1 - A period in a State Correctional Institution of not less than seven months. This period shall include:
• • The time during which the eligible person is being evaluated by the DOC
  • Not less than four months shall be in an institutional therapeutic community.
• Level 2 - A period of treatment in a community-based therapeutic community of at least two months.
• Level 3 - A period of at least six-months of treatment through an outpatient addiction treatment facility. During the outpatient addiction treatment period of the program, the participant may be housed in a community corrections center/approved transitional residence or an approved home plan. The participant must comply with any conditions established by the DOC regardless of where the participant resides during the outpatient addiction treatment portion of the program.
• Level 4 - A period of supervised reintegration into the community for the balance of the program, during which the participant shall continue to be supervised by the DOC and comply with any conditions imposed by the DOC.

Upon certification by the DOC of the participant's successful completion of the program, the entire term of confinement that rendered the participant eligible to participate in the SDTP shall be deemed to have been served.  Special Probation would still be applicable if included in the original sentence.

Expulsion from Program

A participant may be expelled from the SDTP at any time in accordance with guidelines established by the DOC, including failure to comply with administrative or disciplinary procedures or requirements set forth by the DOC. An expelled participant shall be housed in a State Correctional Institution to serve the remainder of the participant's original sentence. The expelled participant shall be eligible for parole at the minimum sentence but may not be eligible for SSP under section 6137.1 (relating to short sentence parole).

SDTP Brochure

The items below are a summary and do not include all legal aspects Short Sentence Parole. Please see 61 Pa.C.S. § 6137.1. for specifics.

Short Sentence Parole applies to persons committed to the DOC with an aggregate minimum sentence of confinement of two years or less or a recidivism risk reduction incentive minimum sentence of two years or less, whichever is shorter.

The board shall, without requiring an interview, approve for parole a person eligible for SSP under this section at the expiration of the person's minimum date or recidivism risk reduction incentive (RRRI) minimum date, whichever is shorter. For RRRI minimums, the inmate must be certified prior to release. RRRI certification includes completion of all recommended treatment programs, positive adjustment, and behavioral considerations. 

Exclusions:

• persons committed for or with an aggregate sentence containing a personal injury crime or a crime of violence, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a personal injury crime or crime of violence
• persons committed for or with an aggregate sentence containing an offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense
• persons committed for or with an aggregate sentence containing an enhancement for the use of a deadly weapon or where the attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation
• persons committed for or with an aggregate sentence containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense:
• • 18 Pa.C.S. § 4302(a) (relating to incest).
  • 18 Pa.C.S. § 5901 (relating to open lewdness).
  • 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child pornography).
  • A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
  • An offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
  • An offense listed under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued registration of sexual offenders).
• persons committed for or with an aggregate sentence containing an offense of drug trafficking as defined in section 4103 (relating to definitions) or a criminal attempt, criminal solicitation or criminal conspiracy to commit drug trafficking as defined in section 4103
• persons awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the person to become ineligible under this subsection;
• persons who are currently serving a sentence to State prison and have been denied parole on that sentence;
• persons convicted of any criminal offense committed while incarcerated; or
• any person who the board, in its discretion, determines should be excluded from this section because:
• • there exists an identifiable threat to public safety; or
  • inclusion substantially jeopardizes the rehabilitative needs of the person.
• been found guilty of a major disciplinary infraction while confined in a County Correctional Facility or State Correctional Institution
• •  the term "major disciplinary infraction" means the violation:
  • • was sexual in nature;
    • involved assaultive behavior or included a credible threat to cause bodily injury to another;
    • involved possession or control of a weapon; or
    • involved escape or possessing implements of escape
• a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an underlying felony charge.