Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB838

Introduced
6/21/23  
Refer
6/21/23  
Refer
6/26/23  
Report Pass
6/27/23  
Engrossed
6/27/23  
Refer
6/28/23  
Refer
9/26/23  
Report Pass
12/12/23  
Refer
12/13/23  
Report Pass
12/13/23  
Enrolled
12/14/23  
Chaptered
12/14/23  

Caption

In sentencing, further providing for order of probation, for conditions of probation and for modification or revocation of order of probation and providing for probation review conference.

Impact

If enacted, SB838 would update and streamline the legal frameworks surrounding probation, potentially impacting how judges exercise their discretion in sentencing. By refining the conditions for probation and introducing structured processes for the modification and revocation of probation, the bill aims to reduce ambiguities and enhance clarity in the judicial process. This could lead to improved outcomes for both defendants and victims, promoting a more balanced approach in the administration of justice.

Summary

Senate Bill 838, titled to enhance the judicial procedures relating to probation, seeks to make significant amendments to existing laws governing sentencing and probation conditions. The bill specifically focuses on providing clearer guidelines for the modification and revocation of probation orders. This legislation is designed to ensure that probationary measures are handled more effectively within the judicial system, thus allowing for more consistent application across various cases.

Sentiment

The sentiment surrounding SB838 appears to be predominantly supportive among legal professionals and reform advocates. Many believe that the changes proposed in the bill would lead to a more effective probation system, contributing to better public safety outcomes. However, there remain concerns about the level of discretion still afforded to judges, with some advocates cautioning against potential disparities in sentencing based on subjective interpretations of the law.

Contention

A notable point of contention in discussions around SB838 revolves around the balance of judicial discretion and the imposition of strict conditions for probation. While many support the idea of clearer guidelines, there are fears that overly rigid conditions may not account for the nuances of individual cases, thereby undermining the intended rehabilitative purpose of probation. The discussions highlight the ongoing debate between ensuring accountability and providing fair, individualized treatment in the judicial system.

Companion Bills

No companion bills found.

Previously Filed As

PA SB493

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.

PA SB475

In organization and jurisdiction of courts of common pleas, further providing for problem-solving courts; and, in sentencing, further providing for modification or revocation of order of probation.

PA HB1237

In organization and jurisdiction of courts of common pleas, further providing for problem-solving courts; and, in sentencing, further providing for modification or revocation of order of probation.

PA SB333

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.

PA HB2296

Probationers; search; seizure authority

PA H1037

Education and Employment Incentives for Probationers

PA HB05550

An Act Providing Federal Probation Officers With Access To Firearm Data Regarding Probationers.

PA H0387

Probationary or Supervision Services for Misdemeanor Offenders

PA SB217

Establish work time credit for probationers and parolees

PA HB2318

Arrest of probationer without a warrant; repeals provision.

Similar Bills

PA HB1615

In licensing of drivers, further providing for grading, for penalties and for prior offenses; and establishing the Driving Under the Influence Treatment Program.

PA HB1290

In licensing of drivers, further providing for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for penalties, for ignition interlock and for Accelerated Rehabilitative Disposition.

PA SB875

In criminal history record information, further providing for clean slate limited access; in motivational boot camp, further providing for definitions, for selection of inmate participants, for motivational boot camp program, for procedure for selection of participant in motivational boot camp program, for completion of motivational boot camp program and for evaluation; in State drug treatment program, further providing for definitions; and, in miscellaneous provisions, providing for report on incarcerated individuals with certain health conditions.

PA HB190

In enforcement, further providing for jurisdiction and penalties; in sentencing, further providing for sentencing generally, for fine, for collection of restitution, reparation, fees, costs, fines and penalties and for payment of court costs, restitution and fines, repealing provisions relating to fine and further providing for failure to pay fine; in licensing of drivers, repealing provisions relating to suspension of operating privilege for failure to respond to citation, providing for fee for restoration of operating privilege and further providing for restoration of operating privilege, for occupational limited license and for probationary license; in financial responsibility, further providing for definitions; and, in penalties and disposition of fines, repealing provisions relating to inability to pay fine and costs.

PA SB626

In court-ordered involuntary treatment of certain sexually violent persons, providing for court-ordered involuntary treatment of certain persons for controlled substance addiction; imposing duties on the Department of Human Services; and making editorial changes.

PA SB908

In firearms and other dangerous articles, further providing for definitions, for the offense of persons not to possess, use, manufacture, control, sell or transfer firearms, for sale or transfer of firearms, for Pennsylvania State Police, for firearm sales surcharge, for retail dealer required to be licensed and for licensing of dealers and providing for ammunition purchase authorization permits and for transporting ammunition into this Commonwealth; establishing the Ammunition Safety and Enforcement Fund; and making editorial changes.

PA SB328

In sentencing, further providing for payment of court costs, restitution and fines, for fine and for failure to pay fine; in licensing of drivers, further providing for suspension of operating privilege for failure to respond to citation; and, in penalties and disposition of fines, further providing for inability to pay fine and costs.

PA SB334

In sentencing, further providing for payment of court costs, restitution and fines, for fine and for failure to pay fine; in licensing of drivers, further providing for suspension of operating privilege for failure to respond to citation; and, in penalties and disposition of fines, further providing for inability to pay fine and costs.