GREENLEAF ADDICTION TREATMENT SENTENCING BILL PASSES SENATE 

HARRISBURG—The Pennsylvania Senate unanimously approved a measure offered by Sen. Stewart J. Greenleaf to provide alternative sentencing for eligible nonviolent offenders convicted of drug related offenses that do not involve personal injury or use of deadly weapons.

Greenleaf noted that the intermediate punishment proposal, which is modeled on a successful county-level program that has been in effect for a decade, 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, upon a motion by a district attorney, an offender would be 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 Drug Treatment Offender 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 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 noted that he has sponsored the legislation for many years.  "Ever since it was determined that the county-level intermediate punishment program I had introduced worked well to reduce jail crowding and to give offenders a chance to change their lives for the better, I believed that the program could work for certain offenders sentenced to state institutions as well," Greenleaf said.  "If approved by the House and enacted, this measure will provide nonviolent offenders convicted of drug or alcohol related crime an opportunity for a productive life.  Also, it will help prevent the societal burden and costs associated with recidivism resulting from continued addiction."