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Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 2152. Composition of commission

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Members.--The commission shall consist of the following:

(1) One individual selected by the Speaker of the House of Representatives, who shall be a district attorney.

(2) One individual selected by the President pro tempore of the Senate, who shall be a defense attorney.

(3) Two judges of courts of record selected by the Chief Justice of Pennsylvania.

(4) Two judges of courts of record, one of whom shall be selected by the President Judge of Commonwealth Court and one of whom shall be selected by the President Judge of Superior Court.

(5) One individual selected by the Chief Justice of Pennsylvania, who shall be a professor of law knowledgeable in criminal sentencing.

(6) One member of the Senate selected by the President pro tempore of the Senate.

(7) One member of the Senate selected by the Minority Leader of the Senate.

(8) One member of the House of Representatives selected by the Majority Leader of the House of Representatives.

(9) One member of the House of Representatives selected by the Minority Leader of the House of Representatives.

(b) Ex officio members.--The Secretary of Corrections and the chairperson of the board, during their tenure in their respective positions, shall serve as ex officio nonvoting members of the commission.

(c) Terms of office.--The members of the commission shall serve for terms of two years and until a successor has been selected and qualified. A vacancy on the commission shall be filled for the balance of the term.

(d) Chairperson and Executive Director.--The commission shall select a chairperson from its members and an Executive Director. The chairperson shall:

(1) Preside at meetings of the commission.

(2) Direct the preparation of requests for appropriations for the commission and the use of funds made available to the commission.

(e) Meetings and quorum.--

(1) The commission shall meet at least four times a year and not less than semiannually to establish the commission’s general policies and rules.

(2) The commission shall be deemed an “agency” within the meaning of and shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(3) Seven commissioners shall constitute a quorum for the purpose of adopting proposed initial and subsequent guidelines. A majority of commissioners shall constitute a quorum for all other purposes.

(4) Minutes of meetings shall be kept by the Executive Director and filed at the executive office of the commission.

(f) Records of action.--Except as otherwise provided by law, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by the commission.

(g) Expenses.--Each commissioner shall be entitled to reimbursement for each commissioner's accountable expenses incurred while engaged in the business of the commission.

(h) Competency to testify.--In a judicial, administrative or similar proceeding, a commissioner or commission staff shall not be competent to testify and may not be required to produce records or other discovery as to any statement, conduct, decision or deliberation occurring during the course of official business, to the same extent as a legislator or legislative staff of this Commonwealth acting in a legislative capacity.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 2152. Composition of commission - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-2152/

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