State Intermediate Punishment

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State Intermediate Punishment

• Steven L. Chanenson
• Villanova University School of Law
• Pennsylvania Institute on Criminal Sentencing
• July 2005

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Key Issues in State IP.

• What?
• Why?
• Who?
• How?

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What is State IP?

• State Intermediate Punishment (IP) is a new
  sentencing alternative.
• It is a flat 24-month term for serious offenders
  needing drug treatment who would otherwise get
  State time.
• It revolves around step-down drug treatment
  starting behind the walls and transitioning to
  the community.

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What is State IP?

• It is an individualized treatment plan roughly
  following this timeline
• At least 7 mos in an SCI, at least 4 of which are
  in a therapeutic community treatment program.
• At least 2 mos in a community-based residential
  therapeutic community program.
• At least 6 mos of outpatient treatment.
• The balance of the 24 months is spent under DOCs
  supervision for community reintegration.

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What is State IP?

• The State IP participant is under the control of
  the DOC for the entire 24 months.
• The DOC may move State IP participants between
  stages as it deems appropriate.
• The Court may NOT unilaterally modify the DOCs
  proposed treatment plan.

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What is State IP?

• Revocation/Failure
• DOC largely runs the show.
• 42 Pa. Cons. Stat. 9774(b).
• Defendant is housed in SCI or county jail pending
  Court action.
• Upon revocation, all sentencing alternatives are
  available again.
• Commonwealth may file notice for mandatory after
  State IP revocation.

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What is State IP?

• The Judge may order a period of probation to run
  consecutively to the State IP sentence.
• Of course, the total sentence may not exceed the
  maximum term to which the offender can be
  sentenced.

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What is State IP?

• State IP does NOT involve Parole Board release.
• State IP is NOT the same as County IP (formerly
  known just as Intermediate Punishment).
• Broadly speaking, State IP and County IP target
  different offender populations.
• Guideline 303.11.

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Why do we have State IP?

• State IP is designed to provide an individualized
  drug treatment program for defendants with a drug
  problem who have committed drug-related offenses.
• The hope is that these defendants will be less
  likely to re-offend in the future.
• It may also save the DOC several million dollars
  over 5 years.

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Why do we have State IP?

• State IP is another arrow in the Judges
  sentencing quiver.
• By proposing and passing State IP, the Rendell
  Administration and the General Assembly were
  trying to move beyond simple incarcerative
  solutions and think about sentencing more
  holistically.

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Why do we have State IP?

• As the State IP statute notes
• The purpose of this chapter is to create a
  program that punishes persons who commit crimes,
  but also provides treatment that offers the
  opportunity for those persons to address their
  drug or alcohol addiction or abuse and thereby
  reduce the incidents of recidivism and enhance
  public safety.
• 42 Pa. Cons. Stat. 9902(6).

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Who is eligible for State IP?

• In order to be sentenced to State IP, the
  defendant must both
• Be convicted of a drug-related offense
• Benefit from drug treatment.
• The defendant must otherwise be facing a state
  prison sentence.
• Ideally, a minimum term of at least 30 months.
  Guideline 303.11.

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Who is eligible for State IP?

• What is a drug-related offense?
• A criminal offense for which a defendant is
  convicted and that the court determines was
  motivated by the defendant's consumption of or
  addiction to alcohol or drugs with several
  important EXCLUSIONS.
• 42 Pa. Cons. Stat. 9903.

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Who is eligible for State IP?

• There are numerous statutory EXCLUSIONS from
  State IP.
• The following defendants are NOT eligible for
  State IP
• Defendants with a history of past or present
  violent behavior.
• Defendants presently subject to the Guidelines
  deadly weapon enhancement.

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More State IP Exclusions.

• Defendants who have been convicted of a personal
  injury crime (under the Crime Victims Act) or an
  attempt or conspiracy to commit such a crime.
• Defendants who have been convicted of a variety
  of sexually related offenses involving children.
• See List in the State IP statute.

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How is State IP imposed?

• There has been confusion about the mechanics of
  State IP.
• It is a new tool with its own quirks.
• Yet much of State IP is consistent with
  long-standing procedures for pre-sentence
  evaluations and County IP approaches.

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How is State IP imposed?

• All of the interested actors litigants, Judge
  and DOC must agree.
• In fact, everyone but the DOC must agree more
  than once.
• Breaking it down into small components, it can be
  viewed as a 10-step program.
• Dont worry, most are small simple steps.

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10-Steps to State IP.

• 1. Motion by Commonwealth for defendant to
  undergo in-custody, pre-sentence evaluation by
  DOC.
• 2. Defendant agrees (or not).
• 3. Judge agrees (or not).
• 4. Judge refers defendant to DOC.
• Comparable to pre-sentence, custodial
  psychological evaluations. See Rule 702(b)
• See 42 Pa. Cons. Stat. 9904(a)(1) 37 Pa. Code
  97.3

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10-Steps to State IP.

• 5. DOC conducts in-custody drug and alcohol
  evaluation of referred defendant within 60 days.
• This time will count against whatever sentence is
  ultimately imposed.
• 6. DOC decides.
• If DOC declines to accept defendant, case
  proceeds to sentencing as normal with possible
  mandatory minimum, if eligible.
• If DOC would accept the defendant, it provides
  the Court and the parties with a proposed drug
  offender treatment program.

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10-Steps to State IP.

• 7. Prosecutor agrees again (or not).
• 8. Defendant agrees again (or not).
• 9. Judge agrees again (or not).
• 10. Judge imposes sentence.
• If all interested actors have agreed, the Judge
  may impose a State IP sentence.
• If not, the Judge will impose a sentence as
  normal.

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Mechanics of the referral.

• Judge issues a Commitment Order for Evaluation.
• The County Sheriff transports the defendant to
  the DOC just like any other inmate.
• The defendant is NOT sentenced at this point.
• PCS has sample order language.

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More Information

• More information is available from the PA
  Commission on Sentencing
• 814-863-2797
• pcs.la.psu.edu
• This PowerPoint presentation will be available
  from the PA Institute on Criminal Sentencing at
  Villanova Law School.
• www.pasentencing.org