61 Pennsylvania Consolidated Statutes § 6134.1 - General Criteria For Parole By Court

§ 6134.1. General criteria for parole by court.

(a) Guidelines.--The court may parole or reparole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole).

(b) Report of decision to commission.--If a court paroles or reparoles a person, the court shall report the parole or reparole decision and shall provide a contemporaneous written statement for any deviation from the guidelines established under 42 Pa.C.S. § 2154.5, to the commission under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).

(c) Procedure.--

(1) Prior to making a decision to parole a person committed to county confinement within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) from a sentence of imprisonment imposed following conviction for a personal injury crime, each victim who has registered to receive victim services in connection with the personal injury crime shall be given an opportunity by the court to submit a preparole statement to the court expressing concerns or recommendations regarding the parole or parole supervision of the person.

(2) The district attorney shall, immediately following sentence in cases where a sentence of confinement has been imposed and the sentenced person remains within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762, notify all registered victims that they shall have the opportunity to submit a preparole statement to the court.

(3) Victims shall notify the court of their intention to submit a preparole statement and shall provide and keep current an appropriate mailing address.

(4) Preparole statements submitted pursuant to this subsection shall be subject to the confidentiality provisions contained in section 6140 (relating to victim statements, testimony and participation in hearing) applicable to preparole statements submitted to the board and shall be considered by the court prior to any parole decision, and each victim submitting a preparole statement shall be given notice of the court's parole decision.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Personal injury crime." The term shall have the meaning set forth in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Victim." The term shall mean, in addition to the meaning set forth in section 103 of the act of November 24, 1998 (P.L.
882, No.111), known as the Crime Victims Act, a member of the victim's family if the victim is incapable of communicating or has died.

(July 5, 2012, P.L.1050, No.122, eff. imd.)

2012 Amendment. Act 122 amended subsec. (c)(1) and (2).

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Last modified: October 8, 2016