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Senate Bill 913 Printer's Number 1144

PENNSYLVANIA, October 27 - subject of an active protection from abuse order under 23

Pa.C.S. Ch. 61 or an active protection from intimidation

order under 18 Pa.C.S. Ch. 49 Subch. B.

(ii) The defendant has not successfully completed

all treatment or other programs required as a condition

of probation, and termination of probation would either

prevent the defendant from continuing in the court-

mandated treatment or programming that the court

determines is still necessary to aid in the defendant's

rehabilitation or would create a substantial likelihood

that the defendant would discontinue the treatment or

programs.

(iii) The defendant has failed to pay the total

restitution owed by the defendant.

(9.1) The court may terminate probation pursuant to

paragraph (9) even if the defendant's probation, sentence or

plea of guilty was the result of an agreement between the

Commonwealth and the defendant.

(10) If the court does not terminate probation at a

probation review conference solely because of the defendant's

failure to pay restitution in full, the court shall order

that the defendant be placed on administrative probation if

either the defendant has paid at least 50% of the restitution

owed or the court determines, considering the defendant's

resources, income and family, legal or other obligations,

that the defendant has made a good faith effort to pay. For

purposes of this paragraph, "administrative probation" shall

be defined as probation imposed under this paragraph that:

(i) Requires a defendant to make supervision contact

at least one time per year.

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