204 Pa. Code § 311.3 - Procedure for Determining State Parole Violator Recommitment Range

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

(a) For each state parole recommitment of an offender, the procedure for determining the appropriate recommitment range is as follows:
(1) Upon recommitment, determine if the offender is classified as a convicted parole violator (61 Pa.C.S. § 6138(a)(1) and (1.1)) or a technical parole violator (61 Pa.C.S. § 6138(c)(1) or (c)(1.3)).
(i) A technical parole violator is a parolee under the jurisdiction of the Board 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.
(ii) A convicted parole violator is a 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)(1) and (1.1)).
(2) If the offender is a technical parole violator, determine if the offender meets criteria set forth in 61 Pa.C.S. § 6138(c)(1.3):
(i) offense was sexual in nature;
(ii) violation involved assaultive behavior or included a credible threat to cause bodily injury to another;
(iii) violation involved possession or control of a weapon;
(iv) parolee absconded and cannot be safely diverted to a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department;
(v) an identifiable threat exists to public safety and parolee cannot be safely diverted to a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department;
(vi) the violation involved an intentional and unexcused failure to adhere to recommended programming or conditions on more than three occasions, and the parolee cannot be safely diverted.
(3) Identify the appropriate recommitment range.
(b) Determine recommitment time to be served, taking into account the
(1) seriousness of the initial conviction offense,
(2) the level of seriousness of the violation or new offense, and
(3) the rehabilitative needs of the defendant.

Notes

204 Pa. Code § 311.3
Adopted by Pennsylvania Bulletin, Vol 50, No. 28. July 11, 2020, effective 7/11/2020

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