§ 6137. Parole power.
(a) General criteria for parole.--
(1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is granted to the board by this chapter, except an inmate condemned to death or serving life imprisonment, whenever in its opinion:
(i) The best interests of the inmate justify or require that the inmate be paroled.
(ii) It does not appear that the interests of the Commonwealth will be injured by the inmate's parole.
(2) Parole shall be subject in every instance to the Commonwealth's right to immediately retake and hold in custody without further proceedings any parolee charged after his parole with an additional offense until a determination can be made whether to continue his parole status.
(3) The power to parole granted under this section to the board may not be exercised in the board's discretion at any time before, but only after, the expiration of the minimum term of imprisonment fixed by the court in its sentence or by the Board of Pardons in a sentence which has been reduced by commutation.
(3.1) (i) Following the expiration of the inmate's minimum term of imprisonment, if the primary reason for not paroling the inmate is the inmate's inability to access and complete prescribed programming within the correctional institution, the board may release the inmate on parole with the condition that the inmate complete the prescribed programming while on parole.
(ii) This paragraph shall not apply to offenders who are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses) or for a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
(iii) For those inmates to whom subparagraph (ii) is applicable, the board may release the inmate on parole if the inmate is subject to another jurisdiction's detainer, warrant or equivalent writ.
(4) Unless the inmate has served at least one year in a community corrections center or community corrections facility, the board shall not act upon an application of an inmate who is granted clemency by the Governor, is subject to parole supervision and:
(i) whose term of imprisonment was commuted from life to life on parole;
(ii) who was serving a term of imprisonment for a crime of violence; or
(iii) who is serving a sentence under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).
(5) Upon parole, a parolee subject to paragraph (4) shall:
(i) be subject to weekly supervision for the first six months of parole; and
(ii) have any violations of a condition of parole immediately made known to the Board of Pardons. This subparagraph shall apply to all parolees under supervision by other jurisdictions under Subchapter B of Chapter 71 (relating to interstate compact for the supervision of adult offenders).
(b) Cases involving deviations from guidelines.--In each case in which the board deviates from the guidelines established under 42 Pa.C.S. § 2154.5, the board shall provide a contemporaneous written statement of the reason for the deviation from the guidelines to the commission as established under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties). The board may develop and use internal decisional instruments. This subsection shall not be construed to prevent the board from also developing forms or other documents, policies and procedures consistent with this chapter, including internal decisional instruments.
(c) Administrative parole.--
(1) An eligible offender shall be placed on administrative parole one year after release on parole and until the maximum sentence date if the board's supervision staff determines that:
(i) (A) the eligible offender has not violated the terms and conditions of the eligible offender's parole; or
(B) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole; and
(ii) there is no substantial information indicating dangerousness or that placement on administrative parole would compromise public safety.
(2) An eligible offender placed on administrative parole shall continue to be subject to recommitment at the board's discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date.
(3) An eligible offender placed on administrative parole shall do all of the following:
(i) Make supervision contact at least one time per year.
(ii) Provide updated contact information upon a change in residence or employment.
(iii) Continue to pay any restitution owed.
(iv) Comply with other requirements imposed by the board.
(d) Recidivism risk reduction incentive minimum.--The board shall have the power and its duty shall be to comply with the requirements of section 4506 (relating to recidivism risk reduction incentive minimum).
(e) Drug screening tests.--
(1) The board may not release a person on parole unless the person achieves a negative result within 45 days prior to the date of release in a screening test approved by the Department of Health for the detection of the presence of controlled substances or designer drugs under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(2) The cost of these preparole drug screening tests for inmates subject to the parole release jurisdiction of the board, whether confined in a correctional institution or county prison, shall be paid by the board. The board shall establish rules and regulations for the payment of these costs and may limit the types and cost of these screening tests that would be subject to payment by the board.
(3) (i) The board shall establish, as a condition of continued parole for a parolee who, as an inmate, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, the parolee's achievement of negative results in such screening tests randomly applied.
(ii) The random screening tests shall be performed at the discretion of the board, and the parolee undergoing the tests shall be responsible for the costs of the tests.
(iii) The funds collected for the tests shall be applied against the contract for such testing.
(4) For a parolee who was not paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, the board may establish, as a condition of parole, that the parolee achieve negative results in screening tests randomly conducted. The parolee shall be responsible for testing costs.
(f) Crimes of violence.--The board may not release on parole a person who is sentenced after February 19, 1999, and is serving a sentence for a crime of violence unless the person has received instruction from the Department of Corrections on the impact of crime on victims and the community.
(g) Procedure.--
(1) The department shall identify all inmates committed to the custody of the department that meet the definition of an eligible offender.
(2) Upon identification of an inmate as an eligible offender, the department shall send notice to the board. The board shall send notice to the prosecuting attorney and the court no less than six months before the expiration of the inmate's minimum sentence indicating that the department has preliminarily identified the inmate as an eligible offender. The notice shall be sent by United States mail unless the board, the court and the prosecutor have consented to receipt of notice via electronic means. For inmates committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, the department shall give prompt notice.
(3) Within 30 days of receipt of notice under paragraph (2), the court or prosecuting attorney may file a written objection to the department's preliminary identification of the inmate as an eligible offender. Notice of the objection shall be provided to the department and the board.
(4) If no notice of objection has been filed under paragraph (3), the board or its designee shall approve for parole at the expiration of the eligible offender's minimum date upon a determination that all of the following apply:
(i) The department certified that the inmate has maintained a good conduct record and continues to remain an eligible offender.
(ii) The reentry plan for the inmate is adequate.
(iii) Individual conditions and requirements for parole have been established.
(iv) There is no reasonable indication that the inmate poses a risk to public safety.
(5) If the court or prosecuting attorney files a timely objection under paragraph (3), the board shall make a determination as to whether the inmate is an eligible offender. The board shall notify the department, prosecuting attorney and court of its determination no later than 30 days prior to the minimum parole date. If the board determines that the inmate is an eligible offender under this chapter, the board shall follow the provisions under paragraph (4). If the board determines that the inmate is not an eligible offender under section 4503 (relating to definitions), the board shall retain exclusive jurisdiction to grant parole and shall determine whether the inmate should be paroled at the minimum date, paroled at a later date or denied parole.
(6) Nothing in this subsection shall be construed as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(7) Except as provided under this subsection, nothing in this chapter shall otherwise affect the powers and duties of the board or the department.
(h) Power to recommit.--
(1) The board may, during the period for which an inmate shall have been sentenced, recommit the inmate, if paroled, for violation of the terms and conditions of his parole and from time to time to reparole and recommit in the same manner and with the same procedure as in the case of an original parole or recommitment if, in the judgment of the board:
(i) There is a reasonable probability that the inmate will be benefited by paroling the inmate again.
(ii) It does not appear that the interests of the Commonwealth will be injured by paroling the inmate again.
(2) In exercising these powers, the board shall consider any applicable recommitment ranges established by the commission under 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by board).
(i) Cases involving deviations from guidelines.--In each case in which the board deviates from the recommitment ranges established under 42 Pa.C.S. § 2154.6, the board shall provide a contemporaneous written statement of the reason for the deviation from the recommitment ranges to the commission, as established under 42 Pa.C.S. § 2153(a)(14).
(j) Notice to county probation department.--When the board releases a parolee from a correctional facility, the board shall provide written notice to the probation department located in the county where the sentencing order was imposed of the release and new address of the parolee.
(k) Definitions.--The following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
"Eligible offender." As defined in section 4503 (relating to definitions).
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013)
2012 Amendment. Act 122 amended subsec. (a)(4).
2011 Amendment. Act 111 amended subsec. (a)(3.1)(ii).
2010 Amendment. Act 95 amended subsecs. (e) and (g), added subsec. (a)(3.1) and carried without amendment subsec. (a)(1), (2) and (3).
Cross References. Section 6137 is referred to in sections 4506, 6113, 6131 of this title.
Section: Previous 6131 6132 6133 6134 6134.1 6135 6136 6137 6138 6139 6140 6141 6142 6143 6151 NextLast modified: October 8, 2016