204 Pa. Code § 311.1 - Preliminary provisions

Current through Register Vol. 52, No. 16, April 16, 2022

(a) Authorization.
(1) As authorized by 42 Pa.C.S.A. § 2154.6 (relating to recommitment ranges following revocation of parole by the Board), the Commission shall adopt recommitment ranges that shall be considered by the Board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution.
(i) The recommitment ranges shall take into account:
(A) The seriousness of the initial conviction offense;
(B) The level of seriousness of the violation; and
(C) The rehabilitative needs of the defendant.
(ii) At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.
(b) Definitions. For purposes of this chapter:

"Convicted Parole Violator." Parolee under the jurisdiction of the Board who, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere at any time thereafter in a court of record, may at the discretion of the board be recommitted as a parole violator (61 Pa.C.S. § 6138(a)).

"Conviction." A finding of guilt or the entering of a plea of guilty or nolo contendere for a misdemeanor or felony offense in a court of record, whether or not judgement of sentence has been imposed.

"Conviction Offense." Offense for which the original sentence was imposed.

"Detainer." A written order of the court or paroling authority to hold a person in custody in a correctional institution pending further legal action.

"Hearing Examiner." An agent of the Parole Board who is empowered to sit on parole revocation panels, conduct parole hearings in lieu of panels and conduct parole interviews on behalf of the Parole Board.

"Hearings."

Detention. Held within 30 days of parolee's detention, unless waived or a criminal preliminary hearing has been previously held, to determine whether there is probable cause that a parolee should be detained or returned pending disposition of new criminal charge(s).

Gagnon I Hearing. A first-level, probable cause hearing held to determine whether there is sufficient evidence to charge an offender with a violation of parole.

Gagnon II Hearing. A second-level, fact finding hearing held by a Common Pleas Court to determine whether an offender has in fact violated the terms and conditions of parole, and if so, whether the offender should be sent to prison as a violator or continue on parole.

Preliminary. Held no later than 14 days after a parolee's detention, to determine whether there is probable cause to believe that a parolee committed a violation of a condition of parole.

Rescission. To decide whether there is good cause for rescinding parole.

Revocation. Held within 120 days of a plea of guilty, nolo contendere, or a guilty verdict, or from official notification of return to state institution, if detained elsewhere, to determine whether a parolee should be recommitted as a convicted parole violator.

Violation. Held no later than 120 days from the preliminary hearing, to determine whether a parolee should be recommitted as a technical violator.

"Judicial Proceeding." A sentencing hearing in which all offenses for which the offender is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple OTNs.

"Non-Violent Offender." An offender who is not currently or was previously convicted of a violent offense.

"Offense Gravity Score (OGS)." An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense (see: 204 Pa. Code § 303.3 and § 303.15).

"Order of Service of Sentence." The Parole Act specifies that a Convicted Parole Violator must serve any new sentence of confinement before his/her backtime, if the new sentence is to a prison other than the prison of original parole (all state prisons are considered to be one prison). If the new sentence is to the same prison, backtime must be served first.

"Parole." The conditional release of an inmate from incarceration. There is no right to parole. An offender sentenced to state or county incarceration is eligible for parole upon reaching minimum sentence. Offenders may be paroled prior to their minimums if made eligible for county re-entry programs at the time of sentencing to county incarceration or upon reaching an RRRI minimum for state incarceration. Upon release to parole, the offender serves the balance of the sentence (maximum) in the community under supervision and with conditions imposed, unless the parole is revoked.

"Parole Decision." The Board or the Court (sentencing judge) renders a decision to grant parole or refuse to grant parole.

"Parole Violation." A finding following a hearing that the offender failed to comply with terms and conditions of parole.

Technical Violation. Failure to comply with the terms and conditions of parole, other than by the commission of a new offense of which the offender is convicted in a court of record.

Conviction Violation. Commission of a new offense during the period of parole, resulting in a conviction for a misdemeanor or felony in a court of record, whether or not judgement of sentence has been imposed. Violations including both technical and conviction violation are considered conviction violations.

"Parole Violator." An offender under parole supervision in the community who commits a technical violation or conviction violation.

"Pennsylvania Parole Board (Board)." An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms. The Board makes parole, parole revocation and recommitment, and reparole decisions.

"Presumptive Range." A period of recommitment, set as a minimum and maximum term of months for each condition of parole as well as most criminal offenses, that a parolee who violates his/her parole may expect to spend in confinement prior to being eligible for reparole.

"Prior record score (PRS)." A category in the sentencing guidelines reflecting the seriousness of the criminal history of an offender (see: 204 Pa. Code § 303.4).

"Recommitment." The return of a parolee to incarceration for violation of the conditions of his/her parole or because of a conviction for a new crime. It is an administrative determination that an offender, because he/she violated parole, should be returned to an institution to serve all or part of the unexpired term of the sentence.

"Recommitment Range." A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled.

"Revocation." A decision to revoke parole and to recommit an offender to incarceration after a revocation or violation hearing.

"Sentencing Guidelines Software Web Application (SGS Web)." A JNET-based application operated by the Commission which includes the modules for Sentencing, Resentencing, and Parole Guidelines. SGS Web serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences.

"Street Time." The period of conditional liberty and freedom from confinement on a particular sentence that a parolee enjoys during which time the parolee is in compliance with the terms and conditions of parole.

"Technical Parole Violator." Parolee who violates the terms and conditions of his parole, other than by the commission of a new crime of which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere in a court of record, may be detained pending a hearing before the board or waiver of the hearing or recommitted after a hearing before the board or a waiver of the hearing (61 Pa.C.S. § 6138(c)).

"Violent Offender." An offender with a current or previous conviction as provided below, or an offenses otherwise designated by the Pennsylvania Parole Board as violent offense, for which Parole Guidelines for Violent Offenders applies:

42 Pa.C.S.A. § 9714(g)

42 Pa.C.S.A. § 9718.1

42 Pa.C.S.A. § 9799.14

44 Pa.C.S.A. § 2301

Notes

204 Pa. Code § 311.1
Adopted by Pennsylvania Bulletin, Vol 50, No. 28. July 11, 2020, effective 7/11/2020

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