SB 493 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for cash bail prohibited, for conditions of release and for collection and report of pretrial release data; in sentencing, further providing for modification or revocation of order of probation; and abrogating regulations.

PRINTER'S NO.   448

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 493
                                               Session of
                                                 2025

     INTRODUCED BY STREET, TARTAGLIONE, SAVAL, KEARNEY, HAYWOOD AND
        KANE, MARCH 21, 2025

     REFERRED TO JUDICIARY, MARCH 21, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in bonds and
 3      recognizances, providing for cash bail prohibited, for
 4      conditions of release and for collection and report of
 5      pretrial release data; in sentencing, further providing for
 6      modification or revocation of order of probation; and
 7      abrogating regulations.
 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 sections to read:
12   § 5703.   Cash bail prohibited.
13      A defendant's release may not be conditioned upon the deposit
14   of any amount of cash or upon the compliance with a monetary
15   condition.
16   § 5704.   Conditions of release.
17      (a)    Pretrial release.--A court, magistrate or judicial
18   official shall order the pretrial release of a defendant unless
19   the Commonwealth moves for the defendant's pretrial detention
20   and the court, magistrate or judicial officer finds, by clear
 1   and convincing evidence, that the defendant committed a felony
 2   offense as charged by the Commonwealth and the defendant poses
 3   an imminent risk of serious harm to an individual or the
 4   community and that no condition or combination of conditions of
 5   release can mitigate that serious risk of harm.
 6      (b)    Nonmonetary conditions.--The court, magistrate or
 7   judicial officer may impose one or more nonmonetary conditions
 8   of release when the condition or combination of conditions is
 9   necessary to reasonably ensure the defendant's appearance in
10   court or safety to an individual or the community.
11      (c)    Contest of court order.--If the court orders the
12   defendant's pretrial detention or the defendant is unable to
13   meet the nonmonetary conditions of release ordered by the court,
14   the defendant shall have the right to contest the order at a
15   detention review hearing. The detention review hearing shall be
16   held within 48 hours of the detention order or imposition of
17   unmet conditions of release.
18      (d)    Rights of defendant.--At a pretrial hearing which may
19   result in the loss of or infringement upon the defendant's
20   liberty, the defendant shall be entitled to the following:
21             (1)   The right to be present during the pretrial hearing.
22             (2)   The right to be represented by counsel. If the
23      defendant cannot afford an attorney and qualifies for
24      representation by a public defender in a criminal case, the
25      court shall appoint counsel.
26             (3)   The right to confront and cross-examine witnesses.
27             (4)   The right to present evidence.
28             (5)   The right to an expedited appeal of an order
29      resulting in pretrial detention.
30   § 5705.    Collection and report of pretrial release data.

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 1      (a)    Collection and publication.--Each county shall collect
 2   and annually publish data disaggregated by race, gender and
 3   ethnicity relating to the pretrial detention and release of
 4   defendants, including the following:
 5             (1)   The number of detention-eligible defendants.
 6             (2)   The number of defendants for whom the Commonwealth
 7      sought detention at the first hearing for which a detention
 8      decision was made.
 9             (3)   The number of defendants ordered to be detained at
10      the first hearing for which a detention decision was made.
11             (4)   The number of defendants for whom a detention review
12      hearing was scheduled.
13             (5)   The number of defendants for whom the Commonwealth
14      sought detention at the detention review hearing.
15             (6)   The number of defendants for whom pretrial detention
16      was ordered at the detention review hearing.
17             (7)   The percentage of detention-eligible defendants who
18      remain detained from arrest until the resolution of their
19      case.
20             (8)   The average number of days defendants ordered to
21      pretrial detention remain in custody from arrest to the
22      resolution of their case.
23      (b)    Publication.--A county shall publish the data collected
24   under subsection (a) on the county's publicly accessible
25   Internet website.
26      Section 2.     Section 9771(b) of Title 42 is amended and the
27   section is amended by adding a subsection to read:
28   § 9771.    Modification or revocation of order of probation.
29      * * *
30      (b)    Revocation.--The court may increase the conditions,

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 1   impose a brief sanction under section 9771.1 (relating to court-
 2   imposed sanctions for violating probation) or revoke an order of
 3   probation upon proof of the violation of specified conditions of
 4   the probation. Subject to the limitations of subsections (b.1),
 5   (b.2) and (c), upon revocation the sentencing alternatives
 6   available to the court shall be the same as were available at
 7   the time of initial sentencing, due consideration being given to
 8   the time spent serving the order of probation. The attorney for
 9   the Commonwealth may file notice at any time prior to
10   resentencing of the Commonwealth's intention to proceed under an
11   applicable provision of law requiring a mandatory minimum
12   sentence.
13      * * *
14      (b.2)    Nonpayment of electronic monitoring fees.--
15   Notwithstanding subsection (b), a court may not revoke an order
16   of probation due to the failure of a defendant to pay electronic
17   monitoring fees.
18      * * *
19      Section 3.   The regulations of 234 Pa. Code Ch. 5 Pt. C(1)
20   are abrogated insofar as they are inconsistent with the addition
21   of 42 Pa.C.S. §§ 5703, 5704 and 5705.
22      Section 4.   This act shall take effect in 60 days.




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