SB 274 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in sentencing, providing for alternative sentencing for primary caretakers and further providing for contents of presentence report; and, in medical services, establishing the Maternity Medical Services Program; and making editorial changes.

PRINTER'S NO.   228

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 274
                                                Session of
                                                  2025

     INTRODUCED BY CAPPELLETTI, SCHWANK, COLLETT, HAYWOOD, HUGHES,
        SAVAL, KEARNEY, COMITTA, TARTAGLIONE, COSTA AND SANTARSIERO,
        FEBRUARY 20, 2025

     REFERRED TO JUDICIARY, FEBRUARY 20, 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, providing for alternative sentencing
 4      for primary caretakers and further providing for contents of
 5      presentence report; and, in medical services, establishing
 6      the Maternity Medical Services Program; and making editorial
 7      changes.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Title 42 of the Pennsylvania Consolidated
11   Statutes is amended by adding a section to read:
12   § 9722.1.   Alternative sentencing for primary caretakers.
13      (a)   Sentencing.--Except as otherwise provided under this
14   section, immediately after the conviction of a person for a
15   nonviolent offense and before sentencing, the court shall
16   determine if the person convicted is a primary caretaker of a
17   dependent child. If the court determines that the person
18   convicted of a nonviolent offense is a primary caretaker of a
19   dependent child, the court shall impose an individually assessed
20   sentence without confinement in a prison, work camp, halfway
 1   facility or similar institution and based on community
 2   rehabilitation with a focus on parent-child unity and support.
 3      (b)   Conditions.--In imposing a sentence on a primary
 4   caretaker of a dependent child convicted of a nonviolent
 5   offense, the court shall require the person to participate in a
 6   program that meets certain conditions that the court considers
 7   appropriate, including any of the following:
 8            (1)    Drug and alcohol treatment.
 9            (2)    Domestic violence education and prevention.
10            (3)    Physical and sexual abuse counseling.
11            (4)    Mental health treatment and counseling.
12            (5)    Vocational and educational services.
13            (6)    Job training and placement education.
14            (7)    Affordable and safe housing assistance education.
15            (8)    Financial literacy.
16            (9)    Evidence-based parenting skills classes.
17            (10)    Family and individual counseling.
18            (11)    Family case management services.
19      (c)   Appearance.--The court may require a primary caretaker
20   of a dependent child serving a sentence under this section to
21   appear in court at regularly scheduled intervals and otherwise
22   at any time as the court determines necessary during the
23   person's sentence for the following purposes:
24            (1)    Evaluating the person's progress in treatment or
25      rehabilitation.
26            (2)    Determining if the person has violated a condition
27      of the sentence.
28      (d)   Modification.--During an appearance in court under
29   subsection (c), the court may do any of the following:
30            (1)    Modify the conditions of a sentence imposed in

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 1      accordance with this section.
 2            (2)   Decrease the duration of a sentence imposed under
 3      this section based on the person's successful advancement.
 4            (3)   Sanction the person for a violation of a condition
 5      of the sentence imposed under this section, including
 6      requiring the person to serve a term of imprisonment within
 7      the range of the sentence for a person who is not a primary
 8      caretaker of a dependent child as specified under the laws of
 9      this Commonwealth.
10      (e)   Definitions.--As used in this section, the following
11   words and phrases shall have the meanings given to them in this
12   subsection unless the context clearly indicates otherwise:
13      "Dependent child."       A person who is under 18 years of age and
14   unemancipated.
15      "Nonviolent offense."       An offense which is not a crime of
16   violence as defined in section 9714(g) (relating to sentences
17   for second and subsequent offenses).
18      "Primary caretaker of a dependent child."       As follows:
19            (1)   Any of the following:
20                  (i)    A parent who has consistently assumed
21            responsibility for the housing, health and safety of a
22            child prior to incarceration.
23                  (ii)    A woman who is pregnant or has given birth to a
24            child after or while awaiting her sentencing hearing and
25            expresses a willingness to the court to assume
26            responsibility for the housing, health and safety of her
27            child.
28            (2)   A parent who, in the best interest of the child, has
29      arranged for the temporary care of the child in the home of a
30      relative or other responsible adult shall not, for that

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 1      reason, be excluded from this definition.
 2      Section 2.    Section 9732 of Title 42 is amended to read:
 3   § 9732.    Contents of presentence report.
 4      The presentence report shall include a summary of the
 5   circumstances attending the commission of the crime, the history
 6   of delinquency or criminality, physical and mental condition,
 7   family situation and background, including whether the defendant
 8   is pregnant or the primary caretaker of a dependent child,
 9   economic status, education, occupation and personal habits of
10   the defendant, any history of drug or alcohol abuse or addiction
11   and any other matters that the person preparing the report deems
12   relevant or that the court directs be included.
13      Section 3.    Chapter 33 of Title 61 is amended by adding a
14   subchapter heading immediately preceding section 3301 to read:
15                                 SUBCHAPTER A
16                             MEDICAL SERVICES ACT
17      Section 4.    Sections 3301, 3302 introductory paragraph and
18   3303(a) and (g) of Title 61 are amended to read:
19   § 3301.    Short title of [chapter] subchapter.
20      This [chapter] subchapter shall be known and may be cited as
21   the Correctional Institution Medical Services Act.
22   § 3302.    Definitions.
23      The following words and phrases when used in this [chapter]
24   subchapter shall have the meanings given to them in this section
25   unless the context clearly indicates otherwise:
26      * * *
27   § 3303.    Medical Services Program.
28      (a)    Establishment.--The Medical Services Program is
29   established in the department which shall include, but not be
30   limited to, the provisions of this [chapter] subchapter. The

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 1   program shall be a copay program requiring inmates to pay a fee
 2   to cover a portion of the actual costs of the medical services
 3   provided.
 4      * * *
 5      (g)    Deposits.--Medical services fees collected under this
 6   [chapter] subchapter shall be deposited in the General Fund.
 7      Section 5.    Chapter 33 of Title 61 is amended by adding a
 8   subchapter to read:
 9                                SUBCHAPTER B
10                      MATERNITY MEDICAL SERVICES ACT
11   Sec.
12   3321.    Short title of subchapter.
13   3322.    Definitions.
14   3323.    Maternity Medical Services Program.
15   3324.    Powers and duties of department.
16   3325.    Report to General Assembly.
17   § 3321.    Short title of subchapter.
18      This subchapter shall be known and may be cited as the
19   Correctional Institution Maternity Medical Services Act.
20   § 3322.    Definitions.
21      The following words and phrases when used in this subchapter
22   shall have the meanings given to them in this section unless the
23   context clearly indicates otherwise:
24      "Eligible inmate."     A woman who was convicted of a nonviolent
25   offense and who has been committed to the custody of the
26   department and who is pregnant or who has given birth to a
27   child.
28      "Nonviolent offense."     An offense which is not a crime of
29   violence as defined in 42 Pa.C.S. § 9714(g) (relating to
30   sentences for second and subsequent offenses).

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 1      "Program."         The Maternity Medical Services Program
 2   established for eligible inmates under section 3323(a) (relating
 3   to Maternity Medical Services Program).
 4   § 3323.    Maternity Medical Services Program.
 5      (a)    Establishment.--The Maternity Medical Services Program
 6   is established in the department. The department shall, by
 7   regulation, administer the program to provide maternity medical
 8   services and postpartum care for women who are pregnant or who
 9   have given birth to a child while in the custody of the
10   department. The program shall include the provisions of this
11   subchapter.
12      (b)    Administration.--The program shall be a copay program
13   requiring eligible inmates to pay a fee to cover a portion of
14   the actual costs of the medical services provided under the
15   program in accordance with Subchapter A (relating to Medical
16   Services Act). The department may not deny eligibility for the
17   program due to the inability of an eligible inmate to pay the
18   fee required under this subsection. The department shall also
19   utilize other funding methods, including private insurance or
20   funding available from the Federal Government or the
21   Commonwealth, for reimbursement of the medical services provided
22   under the program and associated labor, delivery and postpartum
23   care for the period specified under subsection (c).
24      (c)    Program requirements.--
25             (1)   The program shall provide medical services to the
26      following:
27                   (i)    An eligible inmate for a period of not more than
28             eight months during the eligible inmate's pregnancy prior
29             to a child's birth.
30                   (ii)    An eligible inmate who has given birth to a

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 1             child for a period of not less than 12 consecutive months
 2             or for the remainder of the term of incarceration,
 3             whichever is less.
 4             (2)   The program shall place an eligible inmate who has
 5      given birth to a child in a community corrections center or
 6      community corrections facility with the child for the period
 7      specified under paragraph (1)(ii). The community corrections
 8      center or community corrections facility shall provide
 9      adequate housing and accommodations to the eligible inmate
10      and the child, including access to pediatric care and other
11      appropriate medical services.
12             (3)   The program shall include community-based
13      programming for an eligible inmate, including postpartum care
14      programming for the purpose of promoting mother-child
15      bonding, in addition to other conditions required by the
16      court under 42 Pa.C.S. § 9722.1(b) (relating to alternative
17      sentencing for primary caretakers). The community-based
18      programming shall also include the following:
19                   (i)    Evidence-based parenting skills programming.
20                   (ii)    Vocational training, employment-seeking skills
21             and employment at a paid position.
22                   (iii)    Educational programming.
23                   (iv)    Drug and alcohol dependency treatment.
24                   (v)    Mental health treatment services.
25   § 3324.    Powers and duties of department.
26      (a)    Implementation.--The department shall implement the
27   program by:
28             (1)   Issuing regulations as required under section
29      3323(a) (relating to Maternity Medical Services Program).
30             (2)   Providing department staff and medical services

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 1      providers with training relating to the program.
 2             (3)   Developing administrative forms for the
 3      implementation of the program.
 4             (4)   Providing for administrative and accounting
 5      procedures for the program and an annual audit of the
 6      program.
 7             (5)   Providing written notice to all current inmates
 8      regarding implementation of the program.
 9      (b)    Explanation of program.--Each inmate shall be advised of
10   the medical services fees and payment procedures at the time of
11   intake. An explanation of the program regulations shall be
12   included in the inmate handbook.
13      (c)    Written notice of changes.--Each inmate shall receive
14   written notice of any changes in medical services fees and
15   payment procedures and an initial written notice of the
16   program's implementation.
17      (d)    Payment for medical services.--
18             (1)   No eligible inmate shall be denied access to medical
19      services under the program because of an inability to pay the
20      required fees under section 3323(b).
21             (2)   The department shall devise and implement a program
22      whereby inmates of State correctional institutions who have
23      medical insurance shall pay for their own maternal medical
24      needs through that insurance. This program shall be contained
25      in regulations promulgated by the department.
26   § 3325.    Report to General Assembly.
27      The department shall submit to the chair and minority chair
28   of the Appropriations Committee of the Senate, the chair and
29   minority chair of the Appropriations Committee of the House of
30   Representatives, the chair and minority chair of the Judiciary

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1   Committee of the Senate and the chair and minority chair of the
2   Judiciary Committee of the House of Representatives an annual
3   report on the program established by this subchapter. The report
4   may recommend legislative changes for the program and propose
5   model legislation for counties which may wish to develop similar
6   programs.
7      Section 6.   This act shall take effect in 60 days.




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