SB 136 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in sentencing, repealing provisions relating to transfer of inmates in need of medical treatment; and, in Pennsylvania Board of Probation and Parole, providing for parole for reasons of age or illness and for medical parole due to public or disaster emergency related to health or contagious disease outbreak.

PRINTER'S NO.   136

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 136
                                                Session of
                                                  2025

     INTRODUCED BY STREET, SAVAL, KEARNEY, HUGHES, TARTAGLIONE,
        COSTA, HAYWOOD, KANE AND SCHWANK, JANUARY 29, 2025

     REFERRED TO JUDICIARY, JANUARY 29, 2025


                                     AN ACT
 1   Amending Titles 42 (Judiciary and Judicial Procedure) and 61
 2      (Prisons and Parole) of the Pennsylvania Consolidated
 3      Statutes, in sentencing, repealing provisions relating to
 4      transfer of inmates in need of medical treatment; and, in
 5      Pennsylvania Board of Probation and Parole, providing for
 6      parole for reasons of age or illness and for medical parole
 7      due to public or disaster emergency related to health or
 8      contagious disease outbreak.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     Section 9777 of Title 42 of the Pennsylvania
12   Consolidated Statutes is repealed:
13   [§ 9777.    Transfer of inmates in need of medical treatment.
14      (a)     Inmates committed to custody of department.--If an
15   inmate is committed to the custody of the department, the
16   department, the inmate or a person to whom the court grants
17   standing to act on behalf of the inmate may petition the
18   sentencing court to temporarily defer service of the sentence of
19   confinement and temporarily remove the inmate committed to the
20   custody of the department, or other facility, for placement in a
21   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 61 is amended by adding sections to read:
 3   § 6144.    Parole for reasons of age or illness.
 4      (a)    Eligibility.--Notwithstanding any other provision of
 5   law, the board may grant parole to an incarcerated individual
 6   upon petition by the department or the incarcerated individual
 7   if any of the following apply:
 8             (1)   The incarcerated individual has a substantially
 9      diminished ability to function in a correctional institution
10      due to any of the following:
11                   (i)    A terminal illness.
12                   (ii)    A chronic and debilitating physical or medical
13             condition or disease.
14                   (iii)    A serious functional or cognitive impairment.
15                   (iv)    Deteriorating physical or mental health due to
16             the aging process.
17             (2)   All of the following criteria are met:
18                   (i)    The incarcerated individual is at least 55 years
19             of age and has served the lesser of 25 years in prison or
20             one-half of the minimum term imposed for the offense for
21             which the incarcerated individual is currently
22             imprisoned.
23                   (ii)    The board determines that the incarcerated
24             individual would not presently pose a danger to others or
25             the general public if released.
26      (b)    Medical records.--The medical records of an incarcerated
27   individual shall be made readily available to the incarcerated
28   individual for purposes of filing a petition under subsection
29   (a).
30      (c)    Department notification.--If the petition for parole is

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 1   filed by the incarcerated individual under subsection (a), the
 2   incarcerated individual shall provide a copy of the petition to
 3   the department within seven business days of filing the
 4   petition.
 5      (d)   Victim notification.--Within three business days of
 6   receiving an incarcerated individual's petition for parole or of
 7   the department's filing of a petition for parole on behalf of an
 8   incarcerated individual under subsection (a), the board shall,
 9   subject to any applicable confidentiality requirements, take all
10   of the following actions:
11            (1)   Notify the Office of Victim Advocate and any
12      registered victim of the incarcerated individual's offense of
13      the petition and the general reasons for the petition.
14            (2)   Provide the Office of Victim Advocate and any
15      registered victims of the incarcerated individual an
16      opportunity to respond within seven days in writing to the
17      board.
18      (e)   Attorney and family notification.--
19            (1)   No later than 72 hours after an incarcerated
20      individual is diagnosed with a terminal illness, the
21      department shall, subject to any applicable confidentiality
22      requirements, take all of the following actions:
23                  (i)    Notify the attorney, spouse or partner or an
24            immediate family member of the incarcerated individual of
25            the incarcerated individual's condition.
26                  (ii)    Inform the attorney, spouse or partner or an
27            immediate family member of the incarcerated individual
28            that the attorney, spouse or partner or immediate family
29            member may prepare and submit on the incarcerated
30            individual's behalf a petition for parole in accordance

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 1        with subsection (a).
 2              (iii)    Provide the incarcerated individual's medical
 3        records to the incarcerated individual and the attorney,
 4        spouse or partner or an immediate family member of the
 5        incarcerated individual.
 6        (2)   No later than seven days after the date an
 7    incarcerated individual is diagnosed with a terminal illness,
 8    the department shall provide the spouse or partner and family
 9    members of the incarcerated individual, including extended
10    family, with an opportunity to visit the incarcerated
11    individual in person unless compelling reasons exist for
12    denying visitation and the reasons are provided in writing.
13        (3)   Upon request from an incarcerated individual or the
14    attorney, spouse or partner or a family member of the
15    incarcerated individual, the department shall ensure that
16    department employees assist the incarcerated individual in
17    the preparation, drafting and submission of a petition for
18    parole in accordance with subsection (a). In the case of an
19    incarcerated individual who is physically or mentally unable
20    to prepare or file a petition for parole under subsection
21    (a), the department shall have all of the following duties:
22              (i)    Inform the attorney, spouse or partner or an
23        immediate family member of the incarcerated individual
24        that the attorney, spouse or partner or immediate family
25        member may prepare and submit on the incarcerated
26        individual's behalf a petition for parole under
27        subsection (a).
28              (ii)    Upon request from the incarcerated individual
29        or the attorney, spouse or partner or an immediate family
30        member of the incarcerated individual, take all of the

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 1          following actions:
 2                       (A)   Ensure that department employees assist the
 3                incarcerated individual in the preparation, drafting
 4                and submission of a petition for parole under
 5                subsection (a).
 6                       (B)   Within three days of the request, provide
 7                the incarcerated individual's medical records to the
 8                incarcerated individual and the attorney, spouse or
 9                partner or an immediate family member of the
10                incarcerated individual.
11          (4)   The department shall ensure that employees at all
12    correctional institutions regularly and visibly post,
13    including an incarcerated individual's handbook, staff
14    training materials, law libraries and medical and hospice
15    facilities, and make available to incarcerated individuals
16    upon demand, notice of all of the following:
17                (i)    An incarcerated individual's right to petition
18          for parole under subsection (a).
19                (ii)    The procedures and deadlines for initiating and
20          resolving petitions made under this subsection and
21          subsections (d) and (f).
22    (f)   Duties of board.--
23          (1)   Within two days of receipt of a petition for parole
24    under subsection (a), the board shall notify the secretary of
25    the receipt of the petition and offer the secretary an
26    opportunity to make a recommendation on the petition. No
27    later than 10 days after receipt of notice that the board has
28    received a petition, the secretary may offer a recommendation
29    in writing to the board.
30          (2)   The board shall issue a decision on a petition for

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 1    parole under subsection (a) and state the reasons for the
 2    decision as follows:
 3              (i)    Within 15 days for a petition made based on the
 4        criteria under subsection (a)(1).
 5              (ii)    Within 30 days for a petition made based on the
 6        criteria under subsection (a)(2).
 7        (3)   The board shall immediately provide a copy of the
 8    decision under paragraph (2) to all of the following:
 9              (i)    The incarcerated individual.
10              (ii)    The incarcerated individual's attorney.
11              (iii)    The Office of Victim Advocate and any
12        registered victim of the incarcerated individual's
13        offense.
14              (iv)    The secretary.
15        (4)   The board shall, when issuing a decision on the
16    petition under paragraph (2), consider all of the following:
17              (i)    A response to the petition by the Office of
18        Victim Advocate and any registered victim of the
19        incarcerated individual's offense.
20              (ii)    Recommendations by the secretary, if any.
21              (iii)    The incarcerated individual's offense that
22        resulted in the conviction.
23              (iv)    The incarcerated individual's sentence and time
24        served for the conviction.
25              (v)     The incarcerated individual's current age,
26        physical and mental condition and ability to function
27        within a correctional environment.
28              (vi)     The incarcerated individual's postrelease care
29        plan if a plan exists.
30              (vii)     The incarcerated individual's disciplinary

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 1            record, a full set of records of accomplishments and any
 2            records demonstrating rehabilitation while incarcerated.
 3                  (viii)    The likelihood that the incarcerated
 4            individual would pose a danger to others or the general
 5            public if released.
 6            (5)   In granting parole under paragraph (2), the board
 7      may impose any reasonable terms and conditions of parole
 8      specifically tailored to the circumstances relating to the
 9      sentence that is the least restrictive of the incarcerated
10      individual's individual liberty.
11      (g)   Denial of petition.--If the board denies a petition for
12   parole under subsection (f):
13            (1)   The incarcerated individual may file a State court
14      habeas corpus petition challenging the denial. The court
15      shall act upon a petition by holding a hearing within 60 days
16      of receipt of the petition.
17            (2)   The incarcerated individual or the department may
18      submit another petition for parole under subsection (a) for
19      reconsideration by the board:
20                  (i)    within 30 days of receipt of notice of the
21            denial; or
22                  (ii)    if the incarcerated individual's medical
23            condition demonstrably worsens.
24            (3)   In addition to paragraphs (1) and (2), the
25      incarcerated individual or the department may submit another
26      petition for parole under subsection (a) one year after the
27      date that the initial petition was filed.
28      (h)   Right to counsel.--An incarcerated individual who
29   submits a petition under subsection (a) or (g)(2) shall have the
30   right to assistance of counsel, including appointment of counsel

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 1   if the incarcerated individual is indigent, for proceedings in
 2   front of the board and for any State court habeas petition filed
 3   under subsection (g).
 4      (i)   Reports.--No later than September 1, 2025, and each
 5   September 1 thereafter, the secretary shall submit to the
 6   chairperson and minority chairperson of the Judiciary Committee
 7   of the Senate and the chairperson and minority chairperson of
 8   the Judiciary Committee of the House of Representatives a report
 9   on petitions for parole under subsection (a) and shall make the
10   report available on the department's publicly accessible
11   Internet website. The report shall include a description of all
12   of the following for the previous year:
13            (1)   The number of incarcerated individuals granted and
14      denied parole, categorized by the criteria relied on as the
15      grounds for parole.
16            (2)   The number of petitions initiated by or on behalf of
17      incarcerated individuals, categorized by the criteria relied
18      on as the grounds for parole.
19            (3)   The number of petitions that department
20      employees assisted incarcerated individuals in drafting,
21      preparing or filing, categorized by the criteria relied on as
22      the grounds for parole, and the final decision made in each
23      petition.
24            (4)   The number of petitions that attorneys, spouses or
25      partners and immediate family members of incarcerated
26      individuals submitted on behalf of the incarcerated
27      individuals, categorized by the criteria relied on as the
28      grounds for parole, and the final decision made in each
29      petition.
30            (5)   The number of petitions filed by the department,

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 1      categorized by the criteria relied on as the grounds for
 2      parole, and the final decision made in each petition.
 3            (6)    For each petition filed by the department based on
 4      the criteria under subsection (a)(1), the time elapsed
 5      between the date the incarcerated individual was diagnosed
 6      and the date the department filed the petition, categorized
 7      by the criteria relied on as the grounds for parole, and the
 8      final decision made in each petition.
 9            (7)    For each criteria specified under subsection (a),
10      the number of incarcerated individuals who died while a
11      petition for parole was pending.
12            (8)    The number of notifications by the department to
13      attorneys, spouses or partners and family members of
14      incarcerated individuals of their right to visit terminally
15      ill incarcerated individuals as required under subsection (e)
16      (2), whether visits occurred and how much time elapsed
17      between the notifications and the visits.
18            (9)    The number of visits to terminally ill incarcerated
19      individuals that were denied by the department due to
20      security or other concerns and the reasons given for the
21      denials.
22      (j)   Regulations.--The board and the department shall
23   promulgate regulations necessary to implement the provisions of
24   this section.
25      (k)   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."      A medical condition that is persistent or permanent,
30   requires medication or ongoing care from a physician or impairs

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 1   a person's ability to perform routine daily tasks or self-care.
 2      "Deteriorating physical or mental health."    A loss of
 3   mobility in the limbs or body, an inability to walk without
 4   assistance, incontinence, forgetfulness or disorientation, an
 5   inability to perform routine daily tasks or self-care without
 6   assistance or supervision or a similar health issue.
 7      "Serious functional or cognitive impairment."    A condition
 8   that is persistent or permanent and limits the incarcerated
 9   individual's ability to reason, perceive, comprehend or
10   communicate. The term includes, but is not limited to,
11   intellectual disability, mental illness, dementia or brain
12   damage from injury or stroke.
13      "Substantially diminished."     The incarcerated individual is
14   unable or only partially able to perform one or more essential
15   daily tasks or self-care without partial or total assistance or
16   supervision.
17      "Terminal illness."   A disease or condition with an end-of-
18   life trajectory, with or without a specific prognosis of life
19   expectancy. The term includes metastatic solid-tumor cancer,
20   amyotrophic lateral sclerosis, end-stage organ disease, advanced
21   dementia or a similar disease or condition.
22   § 6145.   Medical parole due to public or disaster emergency
23               related to health or contagious disease outbreak.
24      If a public or disaster emergency related to health is
25   declared or a contagious disease outbreak occurs in a department
26   facility which the facility is unable to contain or from which
27   the facility cannot protect vulnerable individuals, the board
28   may grant medical parole to an incarcerated individual who, due
29   to the individual's age or underlying health conditions, is at
30   risk of serious complications or death should the individual

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1   contract the disease or virus. When granting medical parole
2   under this section, the board may use any expedited review
3   process it deems necessary and appropriate to release vulnerable
4   individuals in a timely fashion.
5      Section 3.   All regulations and parts of regulations are
6   abrogated to the extent of any inconsistency with the provisions
7   of this act.
8      Section 4.   This act shall take effect in 60 days.




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