GREENLEAF ADDICTION TREATMENT SENTENCING BILL PASSES HOUSE

HARRISBURG—Legislation offered by Sen. Stewart J. Greenleaf to provide alternative sentencing, including intensive addiction treatment, for eligible nonviolent offenders convicted of addiction-related crimes was approved unanimously by the House of Representatives.

Senate Bill 217, which awaits the Governor's signature to become law, is modeled upon a successful alternative sentencing program for county-level offenders—a program that was initiated almost 15 years ago as the result of intermediate punishment legislation authored by Greenleaf.  "Based on the proven ability of the county-level program to promote rehabilitation and reduce incarceration, I offered legislation providing for a similar state-level program in 1991," Greenleaf said.  "It is gratifying to know that this measure is finally on the brink of becoming law."

Greenleaf noted that the intermediate punishment proposal, which would apply only in crimes that do not involve personal injury or use of deadly weapons, would target offenders who might be facing lengthy prison time at state correctional facilities.

"This legislation would provide for intensive addiction treatment as part of an offender's sentence, and the first seven months of the treatment program would take place at the correctional facility.  The goal is to encourage rehabilitation of prisoners, thereby reducing recidivism and prison costs," Greenleaf said.  The measure would create an alternative sentencing program that punishes the person who commits a crime but provides treatment so that the person has the chance to address their drug and/or alcohol abuse problem.  Under the bill, a motion by a district attorney would result in an offender being evaluated by the State Department of Corrections to determine suitability for the program, including the offender's potential to benefit from treatment.  Offenders would be eligible for consideration if they do not have a violent history, including not having committed a personal injury or sex offense and not being subject to a deadly weapon sentencing enhancement.

The bill would establish the State Intermediate Punishment Program under the Department of Corrections.  Treatment programs would be individualized and administered at state correctional institutions and at other facilities designated by the department. Treatment programs would last 24 months, with the first seven months spent in residential treatment at a state correctional institution.  Treatment would continue in community based therapeutic facilities, with drug testing a required component of the program.  Those who fail drug testing or fail to meet other conditions of the program would be subject to re-sentencing up to the original maximum term.  Corrections department officials would inform the sentencing court when an offender successfully completes treatment and then release the offender to any remaining period of probation imposed by the court.

The Department of Corrections and the Pennsylvania Commission on Sentencing would report to the General Assembly on the progress of the intermediate punishment program after a year of its operation, and then every other year after that.

Greenleaf commended the active role of House Judiciary Chairman Dennis M. O'Brien, R-Philadelphia, in moving the bill through the House.  "If signed by the Governor, this measure will provide nonviolent offenders with addiction problems an opportunity for a productive life and will help prevent the societal burden and costs associated with recidivism resulting from continued addiction."