HB 150 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment and providing for modification of an imposed term of imprisonment for reasons of illness.

PRINTER'S NO.   1386

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 150
                                                Session of
                                                  2025

     INTRODUCED BY KRAJEWSKI, ECKER, HILL-EVANS, RABB, GUENST,
        McNEILL, FIEDLER, MAYES, CEPEDA-FREYTIZ, VENKAT, SANCHEZ,
        KHAN, DALEY, BOROWSKI, D. WILLIAMS, WEBSTER, WAXMAN, KINKEAD,
        WARREN, HOHENSTEIN, MADDEN, DAVIDSON, GREEN AND M. JONES,
        APRIL 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025


                                     AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in sentencing, repealing
 3      provisions relating to transfer of inmates in need of medical
 4      treatment and providing for modification of an imposed term
 5      of imprisonment for reasons of illness.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.     Section 9777 of Title 42 of the Pennsylvania
 9   Consolidated Statutes is repealed:
10   [§ 9777.    Transfer of inmates in need of medical treatment.
11      (a)     Inmates committed to custody of department.--If an
12   inmate is committed to the custody of the department, the
13   department, the inmate or a person to whom the court grants
14   standing to act on behalf of the inmate may petition the
15   sentencing court to temporarily defer service of the sentence of
16   confinement and temporarily remove the inmate committed to the
17   custody of the department, or other facility, for placement in a
18   hospital, long-term care nursing facility or hospice care
 1   location. The following shall apply:
 2          (1)   The sentencing court may approve the petitioner's
 3      request to temporarily defer service of the sentence of
 4      confinement and place the inmate in a hospital or long-term
 5      care nursing facility under electronic monitoring by the
 6      department upon clear and convincing proof that all of the
 7      following apply:
 8                (i)    The medical needs of the inmate can be more
 9          appropriately addressed in the hospital or long-term care
10          nursing facility.
11                (ii)    The hospital or long-term care nursing facility
12          requested by the petitioner has agreed to accept the
13          placement of the inmate and to provide necessary medical
14          care.
15                (iii)    The inmate is seriously ill and is expected by
16          a treating physician to not live for more than one year.
17                (iv)    There are no writs filed or detainers lodged
18          against the inmate and the inmate is not subject to any
19          court order requiring the inmate's presence.
20                (v)    The placement in the hospital or long-term care
21          nursing facility does not pose an undue risk of escape or
22          danger to the community. In making this determination,
23          the sentencing court shall consider the inmate's
24          institutional conduct record, whether the inmate was ever
25          convicted of a crime of violence, the length of time that
26          the inmate has been imprisoned and any other factors the
27          sentencing court deems relevant.
28                (vi)    The hospital or long-term care nursing facility
29          has agreed to notify the department and the court of any
30          material changes in the health status of the inmate, the

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 1        nature of the care provided or other information required
 2        by the department.
 3              (vii)    Each agency representing the Commonwealth at a
 4        proceeding which resulted in an order committing or
 5        detaining the inmate, the State or local correctional
 6        facility housing the inmate and any registered crime
 7        victim have been given notice and an opportunity to be
 8        heard on the petition.
 9        (2)   The sentencing court may approve the petitioner's
10    request to temporarily defer service of the sentence of
11    confinement in order for the inmate to receive care from a
12    licensed hospice care provider, proposed by the petitioner
13    and subject to electronic monitoring by the department, if
14    all of the following are established by clear and convincing
15    proof:
16              (i)    The inmate is terminally ill, not ambulatory and
17        likely to die in the near future.
18              (ii)    The licensed hospice care provider can provide
19        the inmate with more appropriate care.
20              (iii)    Appropriate medical care and palliative and
21        supportive services will be provided by the licensed
22        hospice care provider at the proposed hospice care
23        location.
24              (iv)    The placement of the inmate in the proposed,
25        licensed hospice care location does not pose an undue
26        risk of escape or danger to the community. In making this
27        determination, the sentencing court shall consider the
28        inmate's institutional conduct record, whether the inmate
29        was ever convicted of a crime of violence, the length of
30        time that the inmate has been imprisoned and any other

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 1        factors the sentencing court deems relevant.
 2              (v)    The licensed hospice care provider has agreed to
 3        notify the department and the sentencing court of any
 4        material changes in the health status of the inmate, the
 5        nature of the hospice care provided or other information
 6        required by the department or the sentencing court.
 7              (vi)   Each agency representing the Commonwealth at a
 8        proceeding which resulted in an order committing or
 9        detaining the inmate, the State or local correctional
10        facility housing the inmate and any registered crime
11        victim have been given notice and an opportunity to be
12        heard on the petition.
13        (3)   Any order entered pursuant to this subsection
14    temporarily deferring service of an inmate's sentence of
15    confinement shall include a provision that the department or
16    prosecuting attorney may at any time petition the sentencing
17    court for an order directing that the inmate be recommitted
18    to the custody of the department if the circumstances under
19    which the inmate was released change or for any previously
20    unknown circumstances, including a change in the inmate's
21    medical status, the inmate's risk of escape, the inmate's
22    danger to the community or the nature of the medical or other
23    care provided by the hospital, long-term care nursing
24    facility or hospice care provider.
25        (4)   The sentencing court may terminate at any time its
26    order authorizing the temporary deferral of the service of an
27    inmate's sentence of confinement entered pursuant to this
28    subsection. An inmate taken into custody pursuant to an order
29    directing the inmate's detention or recommitment under this
30    subsection shall be delivered to the nearest State

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 1      correctional institution pending a hearing on the matter.
 2      (b)   Inmates committed to custody of other facilities.--An
 3   inmate not committed to the custody of the department but
 4   confined in an institution authorized to incarcerate or detain
 5   persons for criminal sentences, violations of criminal law or
 6   orders of parole, probation, bail or other order related to a
 7   civil or criminal matter may have service of the sentence of
 8   confinement deferred and may be placed in a hospital, long-term
 9   care nursing facility or licensed hospice care location, subject
10   to electronic monitoring, by order of the judge that committed
11   the inmate to the facility or institution or by another
12   available judge designated to preside if all of the following
13   are established by clear and convincing proof:
14            (1)   The chief administrator, the chief administrator's
15      designee, the inmate or a person to whom the court grants
16      standing to act on behalf of the inmate petitions the court
17      or has given written consent to the grant of a petition under
18      this section filed on behalf of the inmate.
19            (2)   There is sufficient proof to establish the
20      requirements for a placement to a hospital or long-term care
21      nursing facility under subsection (a)(1) or a placement to a
22      hospice care location under subsection (a)(2).
23            (3)   An entry of an order pursuant to this subsection
24      temporarily deferring service of an inmate's sentence of
25      confinement shall include a provision that the chief
26      administrator or the prosecuting attorney may at any time
27      petition the sentencing court seeking the issuance of a bench
28      warrant directing that the inmate be recommitted to the
29      custody of the appropriate correctional institution if the
30      circumstances under which the inmate was released change or

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 1      for previously unknown circumstances, including a change in
 2      the inmate's medical status, the inmate's risk of escape, the
 3      inmate's danger to the community or the nature of the medical
 4      or other care provided by the hospital, long-term care
 5      nursing facility or hospice care provider.
 6            (4)   The sentencing court may terminate at any time its
 7      order authorizing the temporary deferral of the service of an
 8      inmate's sentence of confinement entered pursuant to this
 9      subsection. An inmate taken into custody pursuant to an order
10      directing detention or recommitment under this subsection
11      shall be delivered to the county correctional institution or
12      other institution at which the inmate was confined prior to
13      the entry of the order deferring the service of the sentence
14      of confinement pending a hearing on the matter.
15      (c)   Service.--Any petition filed under this section shall be
16   served on each agency representing the Commonwealth at each
17   proceeding which resulted in an order by which the inmate is
18   committed or detained and to the correctional institution or
19   institution responsible for housing the inmate. Each party shall
20   have an opportunity to object and be heard as to the petition
21   for alternative placement, the circumstances of placement, the
22   conditions of return or any other relevant issue. The court
23   shall ensure that any crime victim entitled to notification
24   under section 201(7) or (8) of the act of November 24, 1998
25   (P.L.882, No.111), known as the Crime Victims Act, has been
26   given notice and the opportunity to be heard on the petition.
27   All parties served or notified under this subsection shall
28   receive a copy of the final order adjudicating the petition.
29      (d)   Notice.--
30            (1)   Any order entered under this section placing an

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 1      inmate in a hospital, long-term care nursing facility or
 2      hospice care location which provides care to persons who were
 3      not placed therein pursuant to an order entered under this
 4      section shall direct the individual in charge of the
 5      hospital, long-term care nursing facility or hospice care
 6      location to ensure that each person receiving care at, and
 7      each employee or contractor working in, the hospital, long-
 8      term care nursing facility or hospice care location is
 9      notified that the placement was ordered if it is foreseeable
10      that the person, employee or contractor will come into
11      contact with the inmate during the placement.
12            (2)   The sentencing court shall forward notice of any
13      order entered under this section placing an inmate in a
14      hospital, long-term care nursing facility or hospice care
15      location to the hospital, long-term care nursing facility or
16      hospice care location and to the Department of Human
17      Services.
18      (e)   Petition requirements.--Any petition filed pursuant to
19   this section must aver:
20            (1)   The name of the hospital, long-term care nursing
21      facility or hospice care location proposed for placement.
22            (2)   That the petitioner reasonably believes the named
23      hospital, long-term care nursing facility or hospice care
24      location has agreed to accept the placement of the inmate and
25      the facts upon which that belief is based.
26      (f)   Removal from placement.--If an inmate placed in a
27   hospital, long-term care nursing facility or hospice care
28   location pursuant to this chapter removes himself from the
29   hospital, long-term care nursing facility or hospice care
30   location, the inmate shall be subject to arrest upon probable

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 1   cause and shall, upon conviction thereof, be guilty of criminal
 2   contempt.
 3      (g)   Definitions.--As used in this section, the following
 4   words and phrases shall have the meanings given to them in this
 5   subsection unless the context clearly indicates otherwise:
 6      "Chief administrator."     As defined under 61 Pa.C.S. § 102
 7   (relating to definitions).
 8      "Department."   The Department of Corrections of the
 9   Commonwealth.
10      "Hospice care location."     A home, independent living
11   environment or inpatient setting that provides a coordinated
12   program of palliative and supportive services through a licensed
13   hospice care provider.
14      "Hospital."   An entity licensed as an acute-care general
15   hospital, a specialty hospital or a rehabilitation hospital
16   under the act of July 19, 1979 (P.L.130, No.48), known as the
17   Health Care Facilities Act.
18      "Licensed hospice care provider."     A hospice as defined under
19   section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
20   known as the Health Care Facilities Act.
21      "Long-term care nursing facility."     A long-term care nursing
22   facility as defined under section 802.1 of the act of July 19,
23   1979 (P.L.130, No.48), known as the Health Care Facilities Act.
24      "Prosecuting attorney."     The Office of Attorney General of
25   the Commonwealth or the office of a district attorney of a
26   county who represented the Commonwealth at the most recent
27   sentencing of an inmate.
28      "Sentencing court."     The trial judge who most recently
29   sentenced an inmate or, if the trial judge is no longer serving
30   as a judge of that court, the president judge of the county

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 1   court of common pleas.]
 2      Section 2.         Title 42 is amended by adding a section to read:
 3   § 9778.    Modification of an imposed term of imprisonment for
 4                   reasons of illness.
 5      (a)    Authority of court.--The court that imposed a sentence
 6   on a defendant or inmate may modify a term of imprisonment upon
 7   petition by the secretary, chief administrator of any other
 8   institution, the prosecuting attorney, the inmate or the court
 9   if either of the following conditions is satisfied:
10             (1)   Extraordinary and compelling family hardship
11      warrants the modification. A hardship may include the
12      following:
13                   (i)    the death or physical or mental incapacitation
14             of the caregiver for the inmate's minor child or
15             children; or
16                   (ii)    the physical or mental incapacitation of the
17             inmate's spouse or partner if the inmate would be the
18             only available caregiver for the spouse or partner.
19             (2)   The inmate has a substantially diminished ability to
20      function in a correctional facility due to:
21                   (i)    a terminal illness;
22                   (ii)    a chronic and debilitating physical or medical
23             condition or disease;
24                   (iii)    a serious functional or cognitive impairment;
25             or
26                   (iv)    deteriorating physical or mental health due to
27             the aging process.
28      (b)    Notification and decision requirements.--
29             (1)   If a petition for sentence modification is filed by
30      an inmate under subsection (a), the inmate shall provide a

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 1    copy of the petition to the department or other institution
 2    within seven business days of filing the petition.
 3        (2)   Within three business days of receiving the inmate's
 4    petition for modification under paragraph (1), or within
 5    three business days of the department or other institution
 6    filing a petition on behalf of an inmate under subsection
 7    (a), the department, other institution or the district
 8    attorney for the county where the conviction occurred shall,
 9    subject to any applicable confidentiality requirements,
10    notify the Office of the Victim Advocate and any registered
11    victim of the inmate's offense of the petition and the
12    general reasons for the petition and provide an opportunity
13    to respond to the court in writing within seven days.
14        (3)   The department or other institution shall, subject
15    to any applicable confidentiality requirements:
16              (i)   In the case of an inmate diagnosed with a
17        terminal illness:
18                    (A)   No later than 72 hours after the diagnosis
19              by a medical professional employed or contracted by
20              the department or other institution:
21                          (I)    Notify the inmate's last attorney of
22                    record, spouse or partner and immediate family
23                    members of the inmate's condition.
24                          (II)    Inform the inmate's attorney, spouse or
25                    partner and family members that they may prepare
26                    and submit on the inmate's behalf a petition for
27                    sentence modification under subsection (a)(2).
28                          (III)    Provide the inmate's medical records
29                    to the inmate and the inmate's attorney, spouse
30                    or partner or family member.

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 1                    (B)   No later than seven days after the date of
 2             the diagnosis, provide the inmate's spouse or partner
 3             and immediate or extended family members with an
 4             opportunity to visit the inmate in person unless
 5             compelling reasons exist for denying the visit and
 6             the reasons are provided in writing.
 7                    (C)   Upon request from the inmate or the inmate's
 8             attorney, spouse or partner or family members, ensure
 9             that the department or other institution employees
10             assist the inmate in the preparation, drafting or
11             submission of a petition for sentence modification
12             under subsection (a)(2).
13             (ii)    In the case of an inmate who is physically or
14        mentally unable to prepare or file a petition for
15        sentencing modification under subsection (a)(2):
16                    (A)   Inform the inmate's attorney, spouse or
17             partner and family members that they may prepare and
18             submit a petition for sentencing modification under
19             subsection (a)(2).
20                    (B)   Upon request from the inmate, the inmate's
21             attorney, spouse or partner or family members:
22                          (I)    Ensure that the department or other
23                    institution employee staff assist the inmate in
24                    the preparation, drafting and submission of a
25                    petition for sentence modification under
26                    subsection (a)(2).
27                          (II)    Within three days of the request,
28                    provide the inmate's medical records to the
29                    inmate, the inmate's attorney, spouse or partner
30                    or family members.

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 1                (iii)    Ensure that all department or other
 2          institutional facilities regularly and visibly post,
 3          including in inmate handbooks, staff training materials
 4          and facility law libraries and medical and hospice
 5          facilities, and make available to inmates upon demand,
 6          notice of:
 7                       (A)   An inmate's right to petition for a sentence
 8                modification under subsection (a).
 9                       (B)   The procedures and timelines for initiating
10                and resolving petitions described in subsections (c)
11                (2) and (d).
12    (c)   Judicial procedure.--
13          (1)   Upon receipt of a petition for a sentence
14    modification under subsection (a), the court:
15                (i)    Shall give the Commonwealth an opportunity to
16          respond to the petition in writing within 10 days or a
17          shorter time as set by the court.
18                (ii)    May order a hearing on the petition without
19          requiring the inmate to attend in person.
20                (iii)    Shall request, from the department or other
21          institution, the petitioner's disciplinary record. The
22          record shall be provided to the court within 10 days or a
23          shorter time as set by the court.
24          (2)   The court shall:
25                (i)    Issue a decision on the petition, stating the
26          reasons for the decision and the decision shall be made:
27                       (A)   Within 60 days of a petition made under
28                subsection (a)(1).
29                       (B)   Within 30 days of a petition made under
30                subsection (a)(2).

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 1              (ii)    Immediately provide a copy of the decision to
 2        the inmate, the inmates' attorney, the Office of Victim
 3        Advocate, the secretary, the chief administrator of any
 4        other facility and any registered victim of the inmate's
 5        offense.
 6        (3)   The court shall, when issuing a decision on the
 7    petition, consider the following:
 8              (i)    Any response to the petition for sentence
 9        modification by the Office of Victim Advocate and any
10        registered victim of the inmate's offense.
11              (ii)    Any recommendation of the secretary or chief
12        administrator of any other institution.
13              (iii)    The inmate's instant offense or offenses of
14        conviction.
15              (iv)    The inmate's sentence and time served on the
16        instant offense or offenses of conviction.
17              (v)    The inmate's current age, physical and mental
18        condition and ability to function within a correctional
19        environment.
20              (vi)    The inmate's postrelease care plan, if any.
21              (vii)    The inmate's disciplinary record while
22        incarcerated as well as any history of accomplishments,
23        programing attended or other records demonstrating
24        rehabilitation.
25              (viii)    The likelihood that the inmate would pose an
26        unreasonable risk of danger to others or the community if
27        released.
28        (4)   In granting a petition under subsection (a), the
29    court may impose any reasonable condition of release that
30    might be imposed under a sentence of probation under section

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 1      9754 (relating to order of probation) and any other condition
 2      specifically tailored to the circumstances giving rise to the
 3      order that is least restrictive of an inmate's liberty.
 4            (5)   An order granting or denying a petition under this
 5      section shall be a final order for the purposes of Pa.R.A.P.
 6      No. 341 (relating to final orders; generally).
 7      (d)   Annual report.--No later than one year after September
 8   1, 2026, and once every year thereafter, the secretary shall
 9   submit to the Judiciary Committee of the Senate and the
10   Judiciary Committee of the House of Representatives a report on
11   petitions for sentence modifications under subsection (a), which
12   shall include descriptions of the following:
13            (1)   The number of inmates granted and denied sentence
14      modifications, categorized by the criteria relied on for the
15      grounds for a modification in sentence.
16            (2)   The number of petitions initiated by or on behalf of
17      inmates, categorized by the criteria relied on as the grounds
18      for a modification in sentence.
19            (3)   The number of petitions that the department
20      employees assisted inmates in drafting, preparing or filing,
21      categorized by the criteria relied on as the grounds for a
22      modification in sentence and the final decision made in each
23      petition.
24            (4)   The number of petitions that the attorneys, spouses
25      or partners or family members submitted on an inmate's
26      behalf, categorized by the criteria relied on as the grounds
27      for a modification in sentence and the final decision made in
28      each petition.
29            (5)   The number of petitions filed in court by the
30      secretary, categorized by the criteria relied on as the

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 1      grounds for a modification in sentence and the final decision
 2      made in each petition.
 3            (6)    For each petition filed in court by the secretary
 4      under subsection (a)(2), the time elapsed between the date
 5      the inmate was diagnosed with a terminal illness and the date
 6      the secretary filed the petition in court, categorized by the
 7      criteria relied on as the grounds for a modification in
 8      sentence and the final decision made in each petition.
 9            (7)    For each criteria listed in subsection (a), the
10      number of inmates who died while a petition for sentence
11      modification was pending.
12            (8)    The number of department notifications to attorneys,
13      spouses or partners and family members of their right to
14      visit a terminally ill inmate as required under subsection
15      (b)(3)(i) and, for each notification, whether the visit
16      occurred and how much time elapsed between the notification
17      and the visit.
18            (9)    The number of visits to each terminally ill inmates
19      that were denied by the department due to security or other
20      concerns and the reason given for each denial.
21      (e)   Regulations.--The department and the Administrative
22   Office of Pennsylvania Courts shall promulgate rules and
23   regulations to comply with the requirements of this section
24   within 180 days of the effective date of this subsection.
25      (f)   Definitions.--As used in this section, the following
26   words and phrases shall have the meanings given to them in this
27   subsection unless the context clearly indicates otherwise:
28      "Chronic and debilitating physical or medical condition or
29   disease."      The term includes a medical condition that is
30   persistent or permanent, requires medication or ongoing care

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 1   from a physician or impairs a person's ability to perform
 2   routine daily tasks or self care.
 3      "Department."     The Department of Corrections of the
 4   Commonwealth.
 5      "Deteriorating physical or mental health."     The term includes
 6   a loss of mobility in the limbs or body, inability to walk
 7   without assistance, incontinence, forgetfulness, disorientation
 8   or inability to perform routine daily tasks or self care without
 9   assistance or supervision.
10      "Other institution."     An institution other than the
11   department that is authorized to incarcerate or detain
12   individuals for criminal sentences, violations of criminal law
13   or orders of parole, probation, bail or other order related to a
14   civil or criminal matter.
15      "Secretary."    The Secretary of Corrections of the
16   Commonwealth.
17      "Serious functional or cognitive impairment."     A condition
18   that is persistent or permanent and limits the inmate's ability
19   to reason, perceive, comprehend or communicate. The term
20   includes intellectual disabilities, mental illness, dementia and
21   brain damage from injury or stroke.
22      "Substantially diminished."     The inmate is unable or only
23   partially able to perform one or more essential daily tasks or
24   self care without partial or total assistance or supervision.
25      "Terminal illness."     A disease or condition with an end-of-
26   life trajectory, with or without a specific prognosis of life
27   expectancy. The term includes metastatic solid tumor cancer,
28   amyotrophic lateral sclerosis, end-stage organ disease and
29   advanced dementia.
30      Section 3.   Any regulations or parts of regulations are

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1   abrogated insofar as they are inconsistent with the repeal or
2   addition of 42 Pa.C.S. §§ 9777 and 9778.
3      Section 4.   This act shall apply to an individual sentenced
4   on, before or after the effective date of this section.
5      Section 5.   This act shall take effect in 60 days.




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