The following procedures shall be followed if a parolee, not
already detained after appropriate hearings for other criminal charges or
technical violations, has been charged with a new criminal offense:
(1) A parolee may be detained on a Board
warrant pending disposition of a criminal charge following the occurrence of
one of the following:
(i) A district justice
has conducted a criminal preliminary hearing and concluded that there is a
prima facie case against the parolee.
(ii) The parolee waives a criminal
preliminary hearing and is held for court.
(iii) The parolee is convicted of a crime at
a trial before a judge of the Philadelphia Municipal Court or a district
justice.
(iv) An examiner conducts
a detention hearing.
(2)
A parolee detained on a Board warrant upon the occurrence of one of the events
enumerated in paragraph (1) may be held, without further hearing, pending
disposition of the new criminal charge.
(3) If the decision of the agent, with
concurrence of the district director, is to detain a parolee, the agent shall
file a written report with the Board stating the reasons for
detention.
(4) The Board may either
concur in the decision of the agent to detain or reject the decision and order
the parolee continued on parole pending disposition of the new criminal
charge.
(5) If the Board concurs
with the agent's decision to detain the parolee, the parolee shall be notified
of the decision in writing.
(6) If
an agent determines that a parolee poses a risk to the community or to self and
that immediate incarceration or continued detention of the parolee is
necessary, the agent shall apply to the district director for authorization to
detain.
(7) If application is made
under paragraph (6), the district director shall promptly grant or deny the
request.
(8) If the application is
granted, the parolee may be detained up to 30 days without the occurrence of
one of the events enumerated in paragraph (1).
(9) The Board will follow the procedures
generally governing preliminary hearings contained in §
71.2(1)-(8)
(relating to procedure for violation of parole conditions) in conducting
detention hearings, except that a detention hearing shall be held within 30
days of the parolee's detention. After the detention hearing, a panel shall
determine whether to continue to detain the parolee pending disposition of the
new criminal charge.
(10) In
determining whether a parolee should be detained under this section, the agent
and the district director shall consider the following criteria:
(i) Risk to the community if the parolee is
not detained.
(ii) Evidence that
the parolee has violated parole in a sufficiently serious manner to warrant
return as a technical violator.
(iii) The history of the parolee while under
supervision.
(iv) Whether the
parolee is in delinquent status by absconding.
(v) Seriousness of the offense with which the
parolee has been charged.
(vi)
Possibility that the parolee may abscond from parole supervision if not
detained.
(vii) Whether the new
criminal charge involves an alleged use of a weapon or physical
assault.
(viii) Whether the parolee
already has another pending criminal charge.
Notes
The provisions
of this § 71.3 adopted August 4, 1972,
effective 8/14/1972, 2 Pa.B.
1465; amended February 18, 1977, effective 3/1/1977, 7 Pa.B. 487; amended July 10, 1981,
effective 7/11/1981, 11 Pa.B.
2478; amended January 15, 1988, effective 1/16/1988, 18 Pa.B.
250.
The provisions of this § 71.3 issued under: section 506 of
The Administrative Code of 1929 (71 P. S. §
186); amended under section 506 of The
Administrative Code of 1929 (71 P. S. §
186); and the act of August 6, 1941 (P. L.
861, No. 323) (61 P. S. §
§
331.1-331.34).
