Pennsylvania Senate Republican News Brief

"It will go a long way to not only reform our prison system and save tens of millions of dollars, it will also make our criminal justice system more effective."

-- Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery) on Senate passage of three prison reform bills aimed at saving taxpayer dollars by using alternatives to incarceration for non-violent offenders.

Preview

JUVENILE JUSTICE, transportation, MARCELLUS SHALE SAFETY ISSUES

The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery), will hold a public hearing Tuesday to receiving testimony on best practices in juvenile justice. The Senate Transportation Committee, chaired by Sen. John Rafferty (R-Montgomery), will hold a public hearing on transportation funding needs and proposals.

On Wednesday, the Senate Environmental Resources and Energy Committee, chaired by Sen. Mary Jo White (R-Venango), will meet for a briefing on Marcellus Shale safety issues.

Department of Environmental Protection Secretary John Hanger and a representative of the Marcellus Shale Coalition are expected to brief committee members and respond to questions regarding recent events associated with natural gas development in the Commonwealth.

Senator White

SEN. McIlhinney to Discuss E-Verify Legislation

Senate State Government Committee Chairman Chuck McIlhinney (R-Bucks) will discuss bipartisan legislation designed to prevent the hiring of illegal workers in the construction trade today at a 3 p.m. press conference in the Capitol Media Center.

Review

Senate Approves Sen. Greenleaf's Prison Reform Bills

The Senate on Tuesday approved three prison reform bills aimed at saving taxpayer dollars by using alternatives to incarceration for non-violent offenders.

The measures, sponsored by Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery), would provide for alternative sentencing programs for non-violent offenders, allow offenders with short minimum sentences to serve their time in community corrections centers, and provide punishment alternatives for technical parole violators.

Senator Greenleaf said: "These bills are based on empirical evidence showing that alternative sentencing works and keeps non-violent inmates out of prison and leading productive lives. As well, this legislation will save Pennsylvania the enormous cost of incarcerating non-violent offenders."

For more on the issue and a list of bills, please see In the Spotlight and Fast Facts, below.

EDUCATION COMMITTEE APPROVES THREE MEASURES

Reducing the Burden of Mandates on School Districts

The Senate Education Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), approved legislation sponsored by Sen. Jake Corman (R-Centre) to extend a provision of the state's Empowerment Act that allows school districts to apply for waivers from certain mandates.

Under Senate Bill 250, the sunset date for the Mandate Waiver Program will be removed, allowing the program to continue past the scheduled ending date of June 30, 2010.

The Mandate Waiver Program allows school districts, intermediate units and vocational-technical schools to apply for waivers from certain requirements in the Public School Code. To be eligible for a waiver, school entities must have their application approved by the Department of Education and show the waiver will allow them to improve their instructional programs or operate in a more efficient or economical manner.

Senate Bill 250 also allows the department to grant a waiver in cases where the school district intends to solicit multiple prime and single prime construction bids and award the contract to the lowest responsible bidder.

Senator Corman said: "Mandate waivers have proven a successful means to give school districts more flexibility to operate effectively. The program is worth continuing and provides a significant costs savings to both school districts and taxpayers."

Raising the Bar for School Property Tax Increases

The Senate Education Committee approved legislation sponsored by Sen. John Rafferty (R-Montgomery) that would require a "super majority" vote for school boards to raise taxes.

Senate Bill 553 would amend the Public School Code to require all millage property tax increases to be approved by a two-thirds majority vote by the members elected to the board of school directors. The legislation would provide greater taxpayer protections and ensure that school boards of directors first seek to control spending before raising taxes.

Senator Rafferty said: "Taxpayers are rightfully concerned that property taxes continue to increase, as does school spending. Many tax increases are being passed by a single vote. I believe there should be a compelling need and strong support by the board before property taxes go up."

Interscholastic Athletics Disclosure

Legislation sponsored by state Sen. Mary Jo White (R-Venango) to help ensure that female students are offered equal athletic opportunities compared to their male counterparts was approved by the Senate Education Committee.

Senate Bill 890 requires any public or private school entity that provides interscholastic athletic opportunities for students in grades 7 through 12 to submit annual reports to the state Department of Education demonstrating that they have met the requirements of Title IX, the federal statute mandating equal education opportunities for students. The report would be made available to the public and posted online.

Senator White said: "Current disclosure requirements cover only colleges and universities. Senate Bill 890 would allow students and parents in middle and high schools to determine if their schools are treating girls and boys equally when it comes to athletics."

In the Spotlight

The state's inmate population has increased by 618 percent between 1980 and 2010 (from 8,243 in 1980 to more than 51,000 inmates in 2010). If the prison population continues to increase at the current rate, beginning in 2012 Pennsylvania may have to build a new prison every year at a cost of over $200 million to build and $60 million annually to operate.

The past five years have seen the sharpest increase in incarceration, exacerbated by a two month moratorium on parole following the shooting of a Philadelphia police officer in 2008. The three new facilities currently under construction are expected to open in 2013 and will be immediately filled to capacity.

Prison population growth in Pennsylvania, as in most states across the country, is mainly due to the mass incarceration of non-violent offenders. Sixty percent of Pennsylvania's inmates do not have a history of violence or any significant drug dealing activity. Four out of five drug arrests in the state are for possession of illegal substances, while only one out of five drug arrests were for sales.

About 46 percent of offenders return to prison within months of their release for committing new crimes or for a technical violation of their parole. 3,000 Technical Parole Violators (TPVs) were re-incarcerated in 2008 alone for violations such as breaking curfew or failing to report to their parole officer. TPVs spend an average 14 months in prison, following their recommitment, with no real effect on recidivism over those diverted for shorter periods.

Fast Facts

SENATE APPROVES PRISON REFORM PACKAGE

SB 1145: Helps judges identify offenders with the lowest probability of being reconvicted of a serious crime. These offenders would then considered for alternative sentencing programs, so that correctional resources are focused on those who pose the greatest threat to public safety.
SB 1161: Allows inmates with short minimum sentences to be moved to community corrections centers for community-based treatment. The bill overturns a regulation that an inmate may not be transferred to a pre-release center until the inmate has served at least nine months in a state correctional institution.
SB 1275: Establishes a graduated sanctioning process for state parole violators. The system is designed to hold the parolee accountable for a technical parole violation while avoiding the cost of recommitting the parolee to prison.