§ 6143. Early parole of inmates subject to Federal removal order.
(a) Eligibility.--Notwithstanding any other provision of law, the board may parole an inmate into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the inmate's minimum term of imprisonment if all of the following requirements are satisfied:
(1) The board has received a final order of removal for the inmate from the United States Immigration and Customs Enforcement.
(2) The inmate is at least 18 years of age and is not a native or citizen of the United States.
(3) The offender has never been convicted or adjudicated delinquent of a crime of violence or a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
(4) The board certifies that removal of the inmate is appropriate and in the best interests of the Commonwealth.
(5) The inmate has been advised of all of the following:
(i) Unlawful reentry into the United States will result in the inmate's return to the department to serve the remainder of the inmate's maximum term of imprisonment without the possibility of parole.
(ii) If the inmate reenters the United States and commits a criminal offense, upon conviction the inmate shall be subject to 42 Pa.C.S. § 9720.3 (relating to sentencing for certain paroled offenders).
(iii) Reentry into the United States may subject the inmate to prosecution by the United States under 8 U.S.C. § 1326 (relating to reentry of removed aliens).
(b) Parole discretionary.--The decision to parole an inmate under subsection (a) shall be within the sole discretion of the board. Nothing under this section shall be construed to confer a legal right upon the inmate to parole under subsection (a).
(c) Return of inmate by United States.--If the United States Immigration and Customs Enforcement is unable to or does not deport the inmate, the inmate shall be returned to the custody of the department and the board shall rescind the inmate's parole.
(d) Unlawful reentry.--An inmate paroled under this section who returns unlawfully to the United States shall be given a hearing before the board and recommitted as a parole violator upon a determination by the board that the inmate did unlawfully return to the United States. Upon recommitment, the inmate shall be required to serve the remainder of the inmate's maximum term of imprisonment without the possibility of parole. The inmate shall not be entitled to credit for any time on parole under this section.
(e) Definition.--As used in this section, the term "crime of violence" shall be defined as provided in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
(July 5, 2012, P.L.1050, No.122, eff. 60 days)
2012 Amendment. Act 122 added section 6143.
Cross References. Section 6143 is referred to in section 9720.3 of Title 42 (Judiciary and Judicial Procedure).
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