204 Pa. Code § 311.5 - Convicted 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 is convicted of a new criminal offense while on parole and the Board orders recommitment as a convicted parole violator after the revocation hearing.
(b) Convicted parole violators as defined in 61 Pa.C.S. § 6138(a)(1) and (1.1) are subject to revocation of state parole and recommitment. Recommitment time is served in a correctional facility.
(c) If the Board orders the recommitment of a convicted parole violator, the parolee shall be recommitted to serve an additional part of the term which the parolee would have been compelled to serve had the parolee not been paroled.
(d) The convicted parole violator will complete the original sentence, including recommitment time, and complete a sentence for the new crime in accordance with 61 Pa.C.S. § 6138(a)(5) and (a)(5.1).
(e) The Board may, at its discretion, award credit to a parolee recommitted for time spent at liberty on parole as established in criteria set forth in 61 Pa.C.S. § 6138(a)(2.1).
(f) The Board may, at its discretion, reparole a convicted parole violator (61 Pa.C.S. § 6138(a)(3)).
(g) The recommitment ranges for convicted parole violators are intended to structure the discretion of the Board while allowing for individual circumstances in terms of mitigation and aggravation to be considered in the final decision.
(h) The recommitment ranges for convicted state parole violators are based on the current Offense Gravity Score of the new offense as described below.

Offense Gravity Score Recommitment Range (in months)
15 60-Expiration of maximum sentence
14 48-Expiration of maximum sentence
13 48-Expiration of maximum sentence
12 36-Expiration of maximum sentence
11 36-Expiration of maximum sentence
10 24-48
9 24-36
8 18-36
7 18-24
6 12-24
5 12-18
4 6-18
3 6-12
2 3-9
1 1-6
(i) For individuals convicted of out-of-state or federal offenses, the Board will determine the current equivalent Offense Gravity Score.
(j) If a convicted parole violator who is re-paroled is convicted of a second offense while on parole for the initial sentence, the Board will consider a recommitment range increased by one Offense Gravity Score for the instant offense.
(k) If a convicted parole violator who is re-paroled is convicted of a third or subsequent offense while on parole for the initial sentence, the Board will consider a recommitment range increased by two Offense Gravity Scores for the instant offense.
(l) When the Board determines that an aggravating circumstance(s) is present, it may impose a recommitment period as follows:
(1) For Offense Gravity Score of 15, the Board may impose a recommitment period up to 24 months longer than the upper limit of the recommitment range.
(2) For Offense Gravity Scores of 11, 12, 13, and 14, the Board may impose a recommitment period up to 12 months longer than the upper limit of the recommitment range.
(3) For Offense Gravity Score of 9 and 10, the Board may impose a recommitment period up to nine months longer than the upper limit of the recommitment range.
(4) For Offense Gravity Scores of 5, 6, 7, and 8, the Board may impose a recommitment period up to six months longer than the upper limit of the recommitment range.
(5) For Offense Gravity Scores of 1, 2, 3, and 4, the Board may impose a recommitment period up to three months longer than the upper limit of the recommitment range.
(m) When the Board determines that a mitigating circumstance(s) is present, it may impose a recommitment period as follows:
(1) For an Offense Gravity Score of 15, the Board may impose a recommitment period up to 24 months less than the lower limit of the recommitment range.
(2) For Offense Gravity Scores of 11, 12, 13, and 14, the Board may impose a recommitment period up to 12 months less than the lower limit of the recommitment range.
(3) For an Offense Gravity Score of 9 and 10, the Board may impose a recommitment period up to nine months less than the lower limit of the recommitment range.
(4) For Offense Gravity Scores of 5, 6, 7, and 8, the Board may impose a recommitment period up to six months less than the lower limit of the recommitment range.
(5) For Offense Gravity Scores of 1, 2, 3, and 4, the Board may impose a recommitment period up to three months less than the lower limit of the recommitment range.
(6) If a paroled offender is recommitted on two or more offenses for the same criminal incident while on parole, the Board will consider the recommitment range for the offense with the greater Offense Gravity Score.
(n) If a paroled offender is convicted of another offense while on parole and the balance of the original sentence is less than the recommended minimum recommitment time, the balance of the sentence is the minimum.

Notes

204 Pa. Code § 311.5
Adopted by Pennsylvania Bulletin, Vol 50, No. 28. July 11, 2020, effective 7/11/2020

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