Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-44 Pa.C.S. Chapter 53 (relating to
					 recidivism risk reduction incentive).
Board
-The Pennsylvania Board of Probation
					 and Parole.
Court
-The trial judge exercising
					 sentencing jurisdiction over an eligible offender under the act or the
					 president judge or the president judge's designee if the original trial judge
					 is no longer serving as a judge of the sentencing court.
Defendant
-An individual charged with a
					 criminal offense.
Department
-The Department of Corrections
					 of the Commonwealth.
Eligible offender
-A defendant or prisoner
					 convicted of a criminal offense who will be committed to the custody of the
					 Department and who meets the following eligibility requirements:
(i) Does not demonstrate a history of present
				  or past violent behavior.
(ii) Has
				  not been subject to a sentence the calculation of which includes an enhancement
				  for the use of a deadly weapon as defined under law or the sentencing
				  guidelines promulgated by the Pennsylvania Commission on Sentencing, or the
				  attorney for the Commonwealth has not demonstrated that the defendant has been
				  found guilty of or was convicted of an offense involving a deadly weapon or
				  offense under 18 Pa.C.S. Chapter 61 (relating to firearms and other dangerous
				  articles) or the 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.
(iii) Has not been found guilty or previously
				  convicted or adjudicated delinquent for or an attempt or conspiracy to commit a
				  personal injury crime as defined under section 103 of the Crime Victims Act
				  (18
				  P. S. §
											11.103), 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.
(iv) Has not been found guilty or previously
				  convicted or adjudicated delinquent for violating 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:
(A)
											18 Pa.C.S. §
												4302
				  (relating to incest).
(B)
											18 Pa.C.S. §
												5901
				  (relating to open lewdness).
(C)
											18 Pa.C.S. §
												6312
				  (relating to sexual abuse of children).
(D)
											18 Pa.C.S. §
												6318
				  (relating to unlawful contact with minor).
(E)
											18 Pa.C.S. §
												6320
				  (relating to sexual exploitation of children).
(F) 18 Pa.C.S. Chapter 76, Subchapter C
				  (relating to Internet child pornography).
(G) Received a criminal sentence under
				  42 Pa.C.S. §
												9712.1
				  (relating to sentences for certain drug offenses committed with
				  firearms).
(H) Any offense listed
				  under
				  42 Pa.C.S. §
												9795.1
				  (relating to registration).