HB 1042 — An Act amending Titles 61 (Prisons and Parole) and 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in general administration, providing for earned vocational training and education credit; in Pennsylvania Board of Probation and Parole, further providing for parole power and for short sentence parole; and, in powers and duties, further providing for consideration of criminal convictions.

PRINTER'S NO.   1131

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1042
                                                Session of
                                                  2025

     INTRODUCED BY N. NELSON, MIHALEK, HILL-EVANS, SANCHEZ, BOYD,
        CURRY AND D. WILLIAMS, MARCH 25, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2025


                                      AN ACT
 1   Amending Titles 61 (Prisons and Parole) and 63 (Professions and
 2      Occupations (State Licensed)) of the Pennsylvania
 3      Consolidated Statutes, in general administration, providing
 4      for earned vocational training and education credit; in
 5      Pennsylvania Board of Probation and Parole, further providing
 6      for parole power and for short sentence parole; and, in
 7      powers and duties, further providing for consideration of
 8      criminal convictions.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Chapter 11 of Title 61 of the Pennsylvania
12   Consolidated Statutes is amended by adding a subchapter to read:
13                               SUBCHAPTER E
14             EARNED VOCATIONAL TRAINING AND EDUCATION CREDIT
15   Sec.
16   1181.   Scope and purpose of subchapter.
17   1182.   Earned vocational training and education credit.
18   1183.   Rules and regulations.
19   § 1181.   Scope and purpose of subchapter.
20      This subchapter relates to earned vocational training and
21   education credits. This subchapter seeks to encourage inmate
 1   participation and completion of inmate vocational training and
 2   education programs for the purposes of improving public safety
 3   outcomes.
 4   § 1182.    Earned vocational training and education credit.
 5      (a)    Training and credit.--Except as provided under this
 6   section, an inmate sentenced on or after the effective date of
 7   this section and incarcerated under the supervision of the
 8   department shall earn vocational training and education credit
 9   toward sentence reduction according to the following schedule:
10             (1)   Up to 90 days for completing a vocational education
11      program as determined by the department.
12             (2)   90 days for completing programming required by the
13      department.
14             (3)   120 days for attaining a general education
15      development or high school diploma.
16             (4)   Up to 90 days for completing a course offered from
17      an institution of higher education, as determined by the
18      department.
19             (5)   180 days for attaining a degree from an institution
20      of higher education.
21      (b)    Limitation.--An inmate may not earn vocational training
22   and education credits under subsection (a) in excess of one-
23   fourth of the inmate's minimum sentence. Credits earned shall
24   not be applied until the inmate has completed programming
25   required by the department. Credits shall not be applied if the
26   inmate has less than four months to serve before parole
27   eligibility.
28      (c)    Exclusions.--An inmate sentenced for a conviction under
29   any of the following may not earn vocational training and
30   education credits under subsection (a):

20250HB1042PN1131                     - 2 -
 1             (1)   18 Pa.C.S. § 2502 (relating to murder).
 2             (2)   18 Pa.C.S. § 3011(b) (relating to trafficking in
 3      individuals).
 4             (3)   18 Pa.C.S. § 3012 (relating to involuntary
 5      servitude).
 6             (4)   18 Pa.C.S. § 3121 (relating to rape).
 7             (5)   18 Pa.C.S. § 3122.1(b) (relating to statutory sexual
 8      assault).
 9             (6)   18 Pa.C.S. § 3123 (relating to involuntary deviate
10      sexual intercourse).
11             (7)   18 Pa.C.S. § 3125(b) (relating to aggravated
12      indecent assault).
13             (8)   A crime subject to a mandatory term of imprisonment
14      under 42 Pa.C.S. § 9714 (relating to sentences for second and
15      subsequent offenses), 9717 (relating to sentences for
16      offenses against elderly persons), 9718 (relating to
17      sentences for offenses against infant persons) or 9718.1
18      (relating to sexual offender treatment).
19      (d)    Parole.--The board may exercise its power to parole an
20   inmate at the expiration of the minimum term of imprisonment
21   fixed by the court sentence less any earned vocational training
22   and education credits as provided under this subchapter.
23      (e)    Notice.--Eligibility for earned vocational training and
24   education credits shall be considered an element of the
25   disposition and sentence for the purposes of notice requirements
26   under section 213(f) of the act of November 24, 1998 (P.L.882,
27   No.111), known as the Crime Victims Act.
28   § 1183.    Rules and regulations.
29      The department and board may adopt and promulgate rules and
30   regulations as deemed necessary to implement and administer this

20250HB1042PN1131                     - 3 -
 1   subchapter.
 2      Section 2.      Sections 6137(a)(3) and (3.1)(i) and (g)(2),
 3   (2.1), (4) introductory paragraph and (5) and 6137.1(b) of Title
 4   61 are amended to read:
 5   § 6137.    Parole power.
 6      (a)    General criteria for parole.--
 7             * * *
 8             (3)   The power to parole granted under this section to
 9      the board may not be exercised in the board's discretion at
10      any time before, but only after, the expiration of the
11      minimum term of imprisonment fixed by the court in its
12      sentence, less any vocational training and education credits
13      under Subchapter E of Chapter 11 (relating to earned
14      vocational training and education credit), or by the Board of
15      Pardons in a sentence which has been reduced by commutation.
16             (3.1)   (i)   Following the expiration of the offender's
17             minimum term of imprisonment, less any vocational
18             training and education credits under Subchapter E of
19             Chapter 11, if the primary reason for not paroling the
20             offender is the offender's inability to access and
21             complete prescribed programming within the correctional
22             institution, the board may release the offender on parole
23             with the condition that the offender complete the
24             prescribed programming while on parole.
25                   * * *
26      (g)    Procedures for Recidivism Risk Reduction Incentive.--
27             * * *
28             (2)   Upon identification of an inmate as an eligible
29      offender, as defined under section 4503 (relating to
30      definitions), the department shall send notice to the board.

20250HB1042PN1131                      - 4 -
 1    The board shall send notice to the prosecuting attorney and
 2    the court no less than six months before the expiration of
 3    the offender's minimum sentence or the inmate's minimum
 4    sentence less any vocational training and educational credits
 5    under Subchapter E of Chapter 11, whichever occurs first,
 6    indicating that the department has preliminarily identified
 7    the offender as an eligible offender. The notice shall be
 8    sent by United States mail unless the board, the court and
 9    the prosecutor have consented to receipt of notice via
10    electronic means. For offenders committed to the department
11    whose expiration of the minimum sentence is six months or
12    less from the date of admission, the department shall give
13    prompt notice.
14        (2.1)     The department shall provide the board all
15    information related to the offender's adjustment while
16    incarcerated, misconducts, if any, information related to
17    programming and treatment, including success, completion or
18    failure to complete, any vocational training and education
19    credit earned under Subchapter E of Chapter 11, or any other
20    information the department deems relevant. The board shall
21    send such information to the prosecuting attorney and to the
22    court no less than six months before the expiration of the
23    offender's minimum sentence. The notice may be sent
24    electronically. For offenders committed to the department
25    whose expiration of the minimum sentence is six months or
26    less from the date of admission, such information shall be
27    sent at the same time prompt notice under paragraph (2) is
28    given.
29        * * *
30        (4)   If no notice of objection has been filed under

20250HB1042PN1131                  - 5 -
 1      paragraph (3), the eligible offender shall be paroled at the
 2      minimum date, or the minimum date less any vocational
 3      training and education credits under Subchapter E of Chapter
 4      11, whichever occurs first, upon a determination by the board
 5      or the board's designee that all of the following apply:
 6                  * * *
 7            (5)    If the court or prosecuting attorney files a timely
 8      objection under paragraph (3), the board shall make a
 9      determination as to whether the offender is an eligible
10      offender. The board shall notify the department, prosecuting
11      attorney and court of its determination no later than 30 days
12      prior to the minimum parole date[.], or a minimum parole date
13      less any earned vocational training and education credits
14      under Subchapter E of Chapter 11, whichever occurs first. If
15      the board determines that the offender is an eligible
16      offender under this chapter, the board shall follow the
17      provisions under paragraph (4). If the board determines that
18      the offender is not an eligible offender under section 4503
19      (relating to definitions), the board shall retain exclusive
20      jurisdiction to grant parole and shall determine whether the
21      offender should be paroled at the minimum date, less any
22      earned vocational training and education credits under
23      Subchapter E of Chapter 11, paroled at a later date or denied
24      parole.
25            * * *
26   § 6137.1.      Short sentence parole.
27      * * *
28      (b)   Approval of parole.--The board shall, without requiring
29   an interview, approve for parole a person eligible for short
30   sentence parole under this section at the expiration of the

20250HB1042PN1131                     - 6 -
 1   person's minimum date or recidivism risk reduction incentive
 2   minimum date, less any earned vocational training and education
 3   credits under Subchapter E of Chapter 11 (relating to earned
 4   vocational training and education credit), whichever is shorter.
 5   If the person was committed to the department after expiration
 6   of the person's minimum date, the board shall approve the person
 7   for parole within 30 days after commitment to the department.
 8      * * *
 9      Section 3.     Section 3113(c)(6) and (e)(1) of Title 63 are
10   amended to read:
11   § 3113.    Consideration of criminal convictions.
12      * * *
13      (c)    Individualized assessment.--A licensing board or
14   licensing commission shall conduct an individualized assessment
15   of the individual with respect to criminal convictions and
16   rehabilitation. The licensing board or licensing commission
17   shall only consider the following factors in order to determine
18   whether the individual meets the requirements for issuance of a
19   license, certificate, registration or permit under subsection
20   (b)(1) or (b)(2):
21             * * *
22             (6)   Successful completion of education and training
23      activities, including those in a county correctional facility
24      or the Department of Corrections, and earning of vocational
25      training and education credits, if applicable.
26             * * *
27      (e)    Crimes of violence.--An individual convicted of a crime
28   of violence as defined in 42 Pa.C.S. § 9714 (relating to
29   sentences for second and subsequent offenses) may be granted a
30   license, registration, certificate or permit by a licensing

20250HB1042PN1131                     - 7 -
 1   board or licensing commission if all of the following apply:
 2          (1)    If the individual was incarcerated, at least three
 3      years have elapsed since release from incarceration. The
 4      period of three years shall be tolled for a violation of
 5      parole. The period of three years under this paragraph shall
 6      be reduced by a period of time equal to any earned vocational
 7      training and education credits under 61 Pa.C.S. Ch. 11 Subch.
 8      E (relating to earned vocational training and education
 9      credit).
10          * * *
11      Section 4.   This act shall take effect in one year.




20250HB1042PN1131                   - 8 -