204 Pa. Code § 311.4 - Technical State Parole Violator Recommitment Ranges: General

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

(a) Ranges of parole recommitment to be served shall be utilized if a parolee violates a general or specific condition of parole, and the Pennsylvania Parole Board orders recommitment as a technical violator after the appropriate violation hearing(s).
(b) Technical parole violators as defined in 61 Pa.C.S. § 6138(c)(1) are subject to revocation of state parole and recommitment. Recommitment is served in a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department.
(1) Technical parole violators shall serve not more than six (6) months (61 Pa.C.S. § 6138(e)(1)).
(2) The Pennsylvania Parole Board may re-parole an offender prior to the six (6) months provided written justification is given (61 Pa.C.S. § 6138(e)(2)).
(3) Technical parole violators as defined in 61 Pa.C.S. § 6138(c)(1.3) are subject to revocation of state parole and recommitment. Recommitment is served in a state correctional institution or a contracted county jail.
(i) For the first recommitment, a technical parole violator shall serve not more than six (6) months (61 Pa.C.S. § 6138(d)(3)(i)). The Pennsylvania Parole Board may re-parole an offender prior to the six (6) months provided written justification is given (61 Pa.C.S. § 6138(d)(4)).
(ii) For the second recommitment for the same sentence, a technical parole violator shall serve not less than six (6) months and not more than nine (9) months (61 Pa.C.S. § 6138(d)(3)(ii)).
(iii) For the third and subsequent recommitment for the same sentence, a technical parole violator shall serve not less than nine (9) months and not more than one (1) year (61 Pa.C.S. § 6138(d)(3)(iii)).
(iv) Maximum recommitment time shall not be applicable (61 Pa.C.S. § 6138(d)(5)) for a recommitted technical parole violator who 1) commits a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substance, 2) spent more than 90 days in segregated housing due to one or more disciplinary infractions, or 3) refused programming or work assignments.

Notes

204 Pa. Code § 311.4
Adopted by Pennsylvania Bulletin, Vol 50, No. 28. July 11, 2020, effective 7/11/2020

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.