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2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 38 - JUDICIAL CODE (42 PA.C.S.) - PROBLEM-SOLVING COURTS AND MODIFICATION OR REVOCATION OF ORDER OF PROBATION

Universal Citation:
Act of Jul. 21, 2025, P.L. , No. 38
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Session of 2025

No. 2025-38

 

SB 475

 

AN ACT

 

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, 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.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  Sections 916 and 9771(c)(2)(iv)(B) of Title 42 of the Pennsylvania Consolidated Statutes are amended to read:

§ 916.  [Problem-solving] Treatment courts.

(a)  Establishment.--The court of common pleas of a judicial district and the Municipal Court of Philadelphia may establish, from available funds, one or more [problem-solving] treatment courts which have specialized jurisdiction, including, but not limited to, veterans courts, drug courts, mental health courts and driving under the influence courts, whereby defendants are admitted to a court-supervised individualized treatment program. The court may adopt local rules for the administration of [problem-solving] treatment courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

(b)  Statewide [problem-solving] treatment courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide [problem-solving] treatment courts coordinator. The coordinator may:

(1)  Encourage and assist in the establishment of [problem-solving] treatment courts in each judicial district.

(2)  Identify sources of funding for [problem-solving] treatment courts and their related treatment services, including the availability of grants.

(3)  Provide coordination and technical assistance for grant applications.

(4)  Develop model guidelines for the administration of [problem-solving] treatment courts and their related treatment services.

(5)  Establish procedures for monitoring [problem-solving] treatment courts and their related treatment services and for evaluating the effectiveness of [problem-solving] treatment courts and their related treatment services.

(c)  Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide [problem-solving] treatment courts coordinator in monitoring and administrating [problem-solving] treatment courts Statewide.

(d)  Veterans courts.--

(1)  If a court of common pleas of a judicial district or the Municipal Court of Philadelphia has established a veterans court under subsection (a), the court may provide for participation by defendants from another county or counties.

(2)  A court of common pleas of a judicial district or the Municipal Court of Philadelphia may join with the court in another county or counties to establish a multicounty veterans court.

(e)  Veterans track.--If a court of common pleas of a judicial district or the Municipal Court of Philadelphia established a [problem-solving] treatment court under subsection (a), except for a veterans court, the court may establish a veterans track within the [problem-solving] treatment court. As used in this subsection, the term "veterans track" means a program that utilizes some components of a veterans court, including, but not limited to, treatment resources and veteran mentors and does not have the population and judicial resources to sustain a full veterans court.

(f)  Local rules.--A court of common pleas of a judicial district or the Municipal Court of Philadelphia that established a veterans court, multicounty veterans court or veterans track under this section may adopt local rules for the administration of the courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

§ 9771.  Modification or revocation of order of probation.

* * *

(c)  Limitation on sentence of total confinement.--There is a presumption against total confinement for technical violations of probation. The following shall apply:

* * *

(2)  If a court imposes a sentence of total confinement following a revocation, the basis of which is for one or more technical violations under paragraph (1)(ii) or (iii), the court shall consider the employment status of the defendant. The defendant shall be sentenced as follows:

* * *

(iv)  The time limitations contained in this paragraph shall not apply to the extent that a reasonable term of additional total confinement, not to exceed 30 days, is necessary to allow a defendant to either be evaluated for or to participate in:

* * *

(B)  a [problem-solving] treatment court provided for in section 916 (relating to [problem-solving] treatment courts).

* * *

Section 2.  This act shall take effect in 90 days.

 

APPROVED--The 21st day of July, A.D. 2025.

 

JOSH SHAPIRO

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