HB 1454 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in judicial boards and commissions, further providing for powers and duties of commission, providing for adoption of guidelines for bail and pretrial release conditions and further providing for publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation.

PRINTER'S NO.   1702

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1454
                                                 Session of
                                                   2025

     INTRODUCED BY BONNER, STAATS, ZIMMERMAN, CIRESI AND GILLEN,
        MAY 13, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 13, 2025


                                      AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in judicial boards and
 3      commissions, further providing for powers and duties of
 4      commission, providing for adoption of guidelines for bail and
 5      pretrial release conditions and further providing for
 6      publication of guidelines for sentencing, resentencing and
 7      parole, risk assessment instrument and recommitment ranges
 8      following revocation.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.      Section 2153(a)(7), (8), (9), (10), (11), (12),
12   (13) and (16)(i) and (v) introductory paragraph of Title 42 of
13   the Pennsylvania Consolidated Statutes are amended and paragraph
14   (14) is amended by adding a subparagraph to read:
15   § 2153.    Powers and duties of commission.
16      (a)    Powers and duties.--The commission, in accordance with
17   the rules and regulations of the commission, shall have the
18   powers to:
19             * * *
20             (7)   Establish a research and development program within
21      the commission for the purpose of:
 1                  (i)    Serving as a clearinghouse and information
 2           center for the collection, preparation and dissemination
 3           of information on Commonwealth sentencing, resentencing
 4           [and], parole and bail practices.
 5                  (ii)    Assisting and serving in a consulting capacity
 6           to the board, State courts, departments and agencies in
 7           the development, maintenance and coordination of sound
 8           sentencing, resentencing [and], parole and bail
 9           practices.
10           (8)    Collect systematically the data obtained from
11    studies, research and the empirical experience of public and
12    private agencies concerning the sentencing and bail
13    processes.
14           (9)    Publish data concerning the sentencing [and], parole
15    and bail processes.
16           (10)    Collect systematically and disseminate information
17    concerning parole dispositions [and], sentences actually
18    imposed and bail and pretrial release conditions set,
19    including initial sentences and any subsequent modification
20    of sentences or resentences following revocation or remand,
21    and parole and reparole decisions by the board and any other
22    parole authority.
23           (11)    Collect systematically and disseminate information
24    regarding effectiveness of parole dispositions [and],
25    sentences imposed and bail and pretrial release conditions
26    set.
27           (12)    Make recommendations to the General Assembly
28    concerning modification or enactment of sentencing, parole
29    [and], bail and correctional statutes which the commission
30    finds to be necessary and advisable to carry out an

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 1    effective, humane and rational sentencing, resentencing, bail
 2    and parole policy.
 3        (13)    Establish a plan and timetable to collect and
 4    disseminate information relating to incapacitation,
 5    recidivism, deterrence and overall effectiveness of sentences
 6    [and], parole dispositions imposed and bail regulations and
 7    guidelines.
 8        (14)    Establish a program to systematically monitor
 9    compliance with the guidelines, with the risk assessment
10    instrument, with recommitment ranges and with mandatory
11    sentencing laws to document eligibility for a release in
12    accordance with a county reentry plan, to document
13    eligibility for and imposition of recidivism risk reduction
14    incentive minimum sentences and to document all parole and
15    reparole decisions by the board and any other paroling
16    authority by:
17               * * *
18               (i.1)   Promulgating forms which document the
19        application of bail and pretrial release conditions
20        guidelines.
21               * * *
22        (16)    Report to the General Assembly on:
23               (i)   implementation of revisions to the guidelines
24        under sections 2154 (relating to adoption of guidelines
25        for sentencing) [and], 2154.1 (relating to adoption of
26        guidelines for restrictive conditions) and 2154.8
27        (relating to adoption of guidelines for bail and pretrial
28        release conditions);
29               * * *
30               (v)   evaluations of the effectiveness and cost-

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 1            benefit of various criminal justice interventions and
 2            programming, including restrictive conditions of bail,
 3            probation, recidivism risk reduction incentive programs,
 4            the State Drug Treatment Program, the State Motivational
 5            Boot Camp Program, pretrial diversion programs, prisoner
 6            treatment programs and prison reentry programs. For
 7            evaluations of the effectiveness and cost-benefit of a
 8            program in reducing recidivism, the commission shall
 9            report on:
10                         * * *
11      Section 2.        Title 42 is amended by adding a section to read:
12   § 2154.8.      Adoption of guidelines for bail and pretrial release
13                  conditions.
14      (a)     Duty of commission.--The commission shall recommend to
15   the General Assembly guidelines for the setting of bail and
16   pretrial release conditions within the limits established by law
17   which shall be considered by any court exercising its power to
18   set bail and pretrial release conditions. In adopting the
19   guidelines, the commission shall recommend bail and pretrial
20   release conditions that are consistent with:
21                  (i)    the protection of the public;
22                  (ii)    the gravity of the offense charge as it relates
23            to the victim and community; and
24                  (iii)    the constitutional rights of the defendant.
25      (b)     Factors.--The guidelines shall address the following
26   factors:
27            (1)    The seriousness of the offense charged, by
28      specifying the range of bail and pretrial release conditions
29      applicable to crimes of a given degree of gravity.
30            (2)    Criminal history, by specifying a range of bail and

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 1      pretrial release conditions of increased amounts or
 2      restrictions for defendants previously convicted of or
 3      adjudicated delinquent for one or more misdemeanor or felony
 4      offenses committed prior to the current offense. The
 5      commission may exclude or reduce the valuation of less
 6      serious offenses and increase the valuation of offenses
 7      committed while under supervision or in a temporal or offense
 8      pattern.
 9            (3)   Criminal behavior, by specifying a range of bail and
10      pretrial release conditions of increased amounts or
11      restrictions for defendants who are alleged to have attempted
12      to inflict or inflicted substantial harm or threatened to or
13      caused a significant risk of death during the commission of
14      the alleged offense.
15            (4)   Failure to appear, by specifying a range of bail and
16      pretrial release conditions of increased amounts or
17      restrictions for defendants who have previously been released
18      on bail and have failed to appear as required or complied
19      with the conditions of a bail bond.
20            (5)   Community-based support systems, including:
21                  (i)    the presence of family with whom the accused
22            resides;
23                  (ii)    current connections to a school or employment
24            within the court's jurisdiction; and
25                  (iii)    membership or current participation in
26            organized social groups, athletic teams or religious
27            organizations.
28      (c)   Definitions.--As used in this section, the following
29   words and phrases shall have the meanings given to them in this
30   subsection unless the context clearly indicates otherwise:

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 1      "Previously convicted of or adjudicated delinquent."      Any
 2   finding of guilt or adjudication of delinquency, whether or not
 3   sentence has been imposed or disposition ordered, prior to the
 4   commission of the current alleged offense.
 5      Section 3.      Section 2155(a)(1) introductory paragraph and (c)
 6   (1) of Title 42 are amended to read:
 7   § 2155.    Publication of guidelines for sentencing, resentencing
 8                   and parole, risk assessment instrument and
 9                   recommitment ranges following revocation.
10      (a)    General rule.--The commission shall:
11             (1)   Prior to adoption, publish in the Pennsylvania
12      Bulletin all proposed sentencing guidelines, resentencing
13      guidelines following revocation of probation, guidelines for
14      restrictive conditions of probation, parole guidelines, bail
15      and pretrial release conditions guidelines, risk assessment
16      instrument and recommitment ranges following revocation by
17      the board of paroles granted, and hold public hearings not
18      earlier than 30 days and not later than 60 days thereafter to
19      afford an opportunity for the following persons and
20      organizations to testify:
21                   * * *
22      (c)    Effective date.--
23             (1)   Sentencing guidelines, resentencing guidelines
24      following revocation of probation, county intermediate
25      punishment and State intermediate punishment, parole
26      guidelines, bail and pretrial release conditions guidelines,
27      risk assessment instrument and recommitment ranges following
28      revocation by the board of paroles granted, adopted by the
29      commission shall become effective 90 days after publication
30      in the Pennsylvania Bulletin pursuant to subsection (a)(2)

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1     unless disapproved pursuant to subsection (b) and shall apply
2     to sentences and resentences and parole decisions made after
3     the effective date of the guidelines.
4         * * *
5     Section 4.    This act shall take effect in 60 days.




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