2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9774.1 - Probation review conference

§ 9774.1. Probation review conference.
(a) General rule.--
Except as otherwise provided in this section, the court shall hold a probation review conference no later than 60 days from the date the defendant is eligible. If a defendant's probation review conference has not commenced within the time frames specified in this subsection, the defendant's attorney, or the defendant if unrepresented, may file a motion demanding a probation review conference within five business days.
(b) Eligibility for review conference.--
Except as otherwise provided in this section, a defendant shall be eligible for an initial probation review conference as follows:
(1) If the offense for which a sentence of probation was imposed was a misdemeanor, the defendant shall be eligible for an initial probation review conference after completing two years of probation or 50% of the probation sentence, whichever is sooner.
(2) If the offense for which a sentence of probation was imposed was a felony, the defendant shall be eligible for an initial probation review conference after completing four years of probation or 50% of the probation sentence, whichever is sooner.
(3) If the sentence or sentences imposed arose out of convictions for multiple offenses which the court ordered to be served consecutively and:
(i) The offenses for which the sentence or sentences were imposed are misdemeanors based on the same conduct or arising from the same criminal episode, the defendant shall be eligible for a probation review conference after completing two years of probation or 50% of the aggregate probation sentence, whichever is sooner.
(ii) The offenses for which the sentence or sentences were imposed included a felony and are based on the same conduct or arise from the same criminal episode, the defendant shall be eligible for a probation review conference after completing four years of probation or 50% of the aggregate probation sentence, whichever is sooner.
(iii) The offenses for which the sentence or sentences were imposed are based on separate conduct and arose from separate criminal episodes, the defendant shall be eligible for a probation review conference after completing four years of probation or 50% of the aggregate probation sentence, whichever is sooner.
(4) A defendant sentenced to a period of probation consecutive to a period of incarceration in a State correctional institution shall be eligible for an initial probation review conference 12 months prior to the date that the defendant would otherwise be eligible for a probation review conference under this subsection if the defendant completed the final 12 months of State parole supervision without violating the terms and conditions of the defendant's parole. This paragraph shall not apply to a defendant who serves fewer than 12 months on State parole supervision.
(5) Notwithstanding any other provisions of this section, a defendant shall not be eligible to receive an initial probation review conference less than 12 months from the original date of sentencing.
(c) Accelerated early review conference.--
(1) Subject to the limitations in subsection (b)(5), a defendant serving probation that was imposed for a misdemeanor or felony offense shall be eligible for an initial probation review conference six months prior to the date that the defendant would otherwise be eligible under subsection (b) if the defendant successfully satisfies any of the following conditions while serving the term of probation:
(i) Earns a high school diploma or certificate of high school equivalency.
(ii) Earns an associate degree from an accredited university, college, seminary college, community college or two-year college.
(iii) Earns a bachelor's degree from an accredited university, college or seminary college.
(iv) Earns a master's or other graduate degree from an accredited university, college or seminary college.
(v) Obtains a vocational or occupational license, certificate, registration or permit.
(vi) Completes a certified vocational, certified technical or certified career education or training program.
(vii) Any other condition approved by the court at the time of sentencing that substantially assists the defendant in leading a law-abiding life or furthers the rehabilitative needs of the defendant.
(2) Subject to the limitations in subsection (b)(5), a defendant serving probation that was imposed for a felony offense shall be eligible for an initial probation review conference up to a total of six months prior to the date that the defendant would otherwise be eligible under paragraph (1) if the defendant satisfies an additional condition specified in paragraph (1) while serving the term of probation.
(3) To qualify a defendant for an accelerated initial probation review conference under paragraphs (1) and (2), any condition under paragraph (1)(v), (vi) or (vii) must be approved by the probation office responsible for the supervision of the defendant, in accordance with standards developed by the Pennsylvania Commission on Crime and Delinquency. The Pennsylvania Commission on Crime and Delinquency shall develop standards pursuant to this paragraph.
(d) Probation status report.--
No later than 30 days prior to the date the defendant is otherwise entitled to a probation review conference under subsection (b) or (c), the probation office responsible for the supervision of the defendant shall complete and submit a probation status report to the defendant, the defendant's last counsel of record, the court, the Commonwealth and any victim registered with either the Pennsylvania Office of Victim Advocate or a county victim witness program. The probation status report shall contain the following:
(1) The date the probation office believes the defendant is eligible for a probation review conference.
(2) A statement as to whether:
(i) Any of the factors or violations specified in subsection (g)(1)(ii) and (iii) have occurred.
(ii) The defendant has committed any other technical violation within the six months prior to the probation status report.
(iii) The defendant was convicted of a misdemeanor or felony while either incarcerated or serving probation.
(iv) The defendant has completed all treatment or any other program required as a condition of probation.
(v) The defendant has paid all restitution owed to the victim.
(3) A description of the defendant's progress on probation and a recommendation that:
(i) the defendant's probation be terminated at or before the date the probation office believes the defendant is eligible for a probation review conference;
(ii) the defendant should continue on probation as previously ordered; or
(iii) the defendant should continue on probation under different, reduced or increased terms and conditions.
(e) Objections to status report.--
The Commonwealth and the defendant shall have 30 days from the date of the status report to object or otherwise respond to the probation status report. A victim shall have 30 days from the date of the status report to provide input or otherwise respond to the probation status report. The following shall apply:
(1) If a party objects to all or any component of the probation status report, the court shall hold a probation review conference as otherwise provided by this subsection and shall notify the defendant, the Commonwealth and any victim registered with either the Pennsylvania Office of Victim Advocate or a county victim witness program of the date of the probation review conference.
(2) If none of the parties entitled to the probation status report object to the recommendation contained in the report within 30 days, upon evidence satisfactory to the court that the probation status report was sent to each party entitled to receive the probation status report, the probation review conference shall be deemed waived. The court shall enter an order memorializing the recommendation contained in the probation status report and so notify the defendant, the Commonwealth and any victim registered with either the Pennsylvania Office of Victim Advocate or a county victim witness program. The court may enter the order even if the defendant's probation, sentence or plea of guilty was the result of an agreement between the Commonwealth and the defendant.
(f) Termination of probation.--
(1) Except as provided in subsection (g), immediately following the probation review conference, the court shall terminate probation unless the court finds:
(i) by clear and convincing evidence that the conduct of the defendant while on probation created an identifiable threat to public safety, including consideration of whether the defendant is the subject of an active protection from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or an active protection from intimidation order under 18 Pa.C.S. Ch. 49 Subch. B. (relating to victim and witness intimidation);
(ii) by a preponderance of the evidence that the defendant has not successfully completed all treatment or other programs required as a condition of probation, and termination of probation would either prevent the defendant from continuing in the court-mandated treatment or programming that the court determines is still necessary to aid in the defendant's rehabilitation or would create a substantial likelihood that the defendant would discontinue the treatment or programs; or
(iii) by a preponderance of the evidence that the defendant has failed to pay the total restitution owed by the defendant.
(2) The court may terminate probation under paragraph (1) even if the defendant's probation, sentence or plea of guilty was the result of an agreement between the Commonwealth and the defendant.
(3) If the court does not terminate probation at a probation review conference, the defendant shall receive written notice of the court's order detailing the court's findings. The defendant shall be eligible for a subsequent probation review conference no later than 12 months after the date of the most recent probation review conference.
(g) Prohibitions on early termination.--
(1) A defendant shall not have the defendant's probation terminated under this section if:
(i) the defendant was convicted of a misdemeanor of the first degree, misdemeanor of the second degree or felony offense of any degree committed while either incarcerated or serving probation;
(ii) the court finds by clear and convincing evidence that the defendant committed a technical violation within the six months immediately preceding the defendant's probation review conference that involved an identifiable threat to public safety; or
(iii) a court determines at the probation review conference by a preponderance of the evidence that the defendant committed one of the following technical violations within the six months immediately preceding the defendant's probation review conference:
(A) A technical violation that was sexual in nature.
(B) A technical violation that involved assaultive behavior or included a credible threat to cause bodily injury to another, including acts committed against a family or household member.
(C) A technical violation that involved possession or control of a firearm or dangerous weapon.
(D) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(E) The defendant absconded.
(F) A technical violation that involved an intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions. For purposes of this clause, multiple technical violations stemming from the same episode of events shall not constitute separate technical violations.
(2) If the defendant is ineligible for termination of probation as a result of a technical violation enumerated in paragraph (1)(ii) or (iii) occurring within the six months immediately preceding the probation review conference and if all other conditions are satisfied, a probation review conference shall be held six months after the date that the enumerated technical violation occurred.
(h) Failure to pay restitution.--
(1) If the court does not terminate probation at a probation review conference solely because of the defendant's failure to pay restitution in full, the court shall order that the defendant be placed on administrative probation for the remaining balance of the defendant's probation sentence if:
(i) the defendant has paid at least 50% of the restitution owed; or
(ii) the court determines, considering the defendant's resources, income and family, legal or other obligations, that the defendant has made a good faith effort to pay.
(2) The provisions of section 9771(c) (relating to modification or revocation of order of probation) shall apply to individuals placed on administrative probation pursuant to this subsection.
(3) Nothing in this section shall be construed to interfere with a victim's right to pursue private remedies in accordance with 18 Pa.C.S. § 1106(g) (relating to restitution for injuries to person or property).
(i) Applicability.--
This section shall not apply and the defendant shall not be entitled to a probation review conference or to early termination of probation under this section if the offense for which the defendant was sentenced to probation was one of the following:
(1) an offense under 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
(2) a crime of violence;
(3) an offense listed under Subchapter H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders);
(4) an offense under 18 Pa.C.S. § 2701 (relating to simple assault) when committed against a family or household member; or
(5) an offense under 18 Pa.C.S. § 2709.1 (relating to stalking).
(j) Other remedies preserved.--
Nothing in this section shall be construed to:
(1) prevent a defendant from petitioning a court for early termination of probation or modification of the terms and conditions of probation as otherwise permitted by law;
(2) prohibit the court, in its discretion, from eliminating or decreasing the term of probation under section 9771(d); or
(3) diminish the court's power to:
(i) otherwise, at any time, terminate continued supervision or lessen the conditions upon which an order of probation has been imposed;
(ii) create or administer a process or program which seeks to terminate continued supervision or lessen the conditions upon which an order of probation has been imposed; or
(iii) seek information from the Commonwealth, defendant, victim, county probation officer or any other individual or entity to assist in these processes or programs.
(k) 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:
"Administrative probation."
A term of imposed probation that:
(1) Requires a defendant to make supervision contact at least one time and no more than four times per year.
(2) Requires a defendant to notify the court or the designated person of any change in address or employment within a reasonable period of time.
(3) Requires a defendant to pay the remaining restitution, as ordered by the court on a schedule or payment plan that the defendant can afford to pay.
(4) Does not require the defendant to pay monthly probation administration fees or any additional costs for the continuation of supervision on administrative probation.
(5) Does not impose any other condition of probation.
"Crime of violence."
As defined in section 9714(g) (relating to sentences for second and subsequent offenses).
"Dangerous weapon."
Any of the following:
(1) A "weapon" as defined in 18 Pa.C.S. § 907 (relating to possessing instruments of crime); or
(2) An "offensive weapon" as defined in 18 Pa.C.S. § 908 (relating to prohibited offensive weapons).
"Family or household members."
As defined in 23 Pa.C.S. § 6102(a) (relating to definitions).
"Firearm."
As defined in 18 Pa.C.S. § 908.
"Technical violation."
A violation of the specific terms and conditions of a defendant's probation, other than by the commission of a new crime of which the defendant is convicted or found guilty by a judge or jury or to which the defendant pleads guilty or nolo contendere in a court of record.
(Dec. 14, 2023, P.L.381, No.44, eff. 180 days)
2023 Amendment.
Act 44 added section 9774.1. Section 6 of Act 44 provided that nothing in Act 44 shall be construed to prevent a defendant from petitioning a court for early termination of probation or modification of the terms and conditions of probation as otherwise permitted by law. See sections 5, 7 and 8 of Act 44 in the appendix to this title for special provisions relating to applicability and sentencing.