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PA Bulletin, Doc. No. 20-895

THE GENERAL ASSEMBLY

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART VIII. CRIMINAL SENTENCING

COMMISSION ON SENTENCING

[ 204 PA. CODE CH. 309 ]

Proposed State Parole Guidelines

[50 Pa.B. 3409]
[Saturday, July 11, 2020]

 The Pennsylvania Commission on Sentencing hereby publishes for public comment proposed State Parole Guidelines, 204 Pa. Code Chapter 309, Subchapter A, §§ 309.1—309.5. The proposed State Parole Guidelines are set forth in Annex A.

 The Commission was authorized by 42 Pa.C.S. § 2154.5, to adopt guidelines that shall be considered by the Pennsylvania Parole Board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines are to:

 (1) Give primary consideration to the protection of the public and to victim safety;

 (2) Provide for due consideration of victim input;

 (3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board;

 (4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs;

 (5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety; and

 (6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.

 There is no right to parole in the Commonwealth. There is, however, the right to consideration of parole. The State Parole Guidelines are advisory and do not remove the discretionary authority of the Pennsylvania Parole Board.

 On June 4, 2020, the Commission approved for the purpose of public comment proposed State Parole Guidelines.

 In accordance with 42 Pa.C.S. § 2155, the Commission shall publish in the Pennsylvania Bulletin all proposed sentencing guidelines and risk assessment instruments and hold public hearings not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following persons and organizations to testify:

 (i) Pennsylvania District Attorneys Association

 (ii) Chiefs of Police Associations

 (iii) Fraternal Order of Police

 (iv) Public Defenders Organization

 (v) Law School faculty members

 (vi) Pennsylvania Parole Board

 (vii) Pennsylvania Department of Corrections

 (viii) Pennsylvania Bar Association

 (ix) Pennsylvania Wardens Association

 (x) Pennsylvania Association on Probation, Parole and Corrections

 (xi) Pennsylvania Conference of State Trial Judges

 (xii) Any other interested person or organization

 The Commission has scheduled the following public hearings, to be held using Zoom Webinar, and providing limited opportunities for on-site testimony consistent with COVID-19 social distancing safeguards:

Hearing I.

Date: Monday, August 31, 2020
Time: 10:00 a.m.
Zoom: Webinar Registration Link: https://bit.ly/PCSPUBPAR1
Onsite Location: SCI-Benner Township, 301 Institution Drive, Bellefonte, PA 16823

 Testimony and in-person attendance during Hearing I is limited to inmates of the Pennsylvania Department of Corrections. Those wishing to attend Hearing I via Zoom Webinar may register at the link provided above.

Hearing II.

Date: Wednesday, September 9, 2020
Time: 2:00 p.m.
Zoom: Webinar Registration Link: https://bit.ly/PCSPUBPAR2
Onsite Location: Pennsylvania Commission on Sentencing (State College Office), 204 East Calder Way, Suite 400, State College, PA 16801

 Those wishing to attend Hearing II and/or testify during Hearing II via Zoom Webinar may register at the link provided above. Those wishing to testify in person during Hearing II may register by contacting the Commission (Cathy Dittman—814-863-5729 or cwd2@psu.edu) to schedule a specific time for on-site testimony.

 Persons or organizations wishing to testify are asked to register at least five business days prior to the hearing and to provide an electronic copy of any testimony. Written comments from persons or organizations not wishing to testify should be received by the Commission at least five business days before the last-scheduled public hearing. Forward all testimony and documents to Cathy Dittman (CWD2@PSU.EDU).

 The Commission will evaluate the proposed State Parole Guidelines after consideration of the testimony and written comments received. The Commission anticipates addressing these proposals at its next quarterly meeting, which will be held on Thursday, September 10, 2020.

 All Commission meetings are open to the public. Any proposals adopted by the Commission will be submitted to the General Assembly for review by way of publication in the Pennsylvania Bulletin, and will become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly.

REPRESENTATIVE TODD STEPHENS, 
Chair

Commentary

 This Commentary provides selected highlights of the proposed State Parole Guidelines. The proposed State Parole Guidelines are set forth in Annex A.

 As provided in statute, 61 Pa.C.S. § 6102 (relating to operation of parole system generally):

 The parole system shall operate consistently with the following provisions:

 (1) The parole system provides several benefits to the criminal justice system, including the provision of adequate supervision of the offender while protecting the public, the opportunity for the offender to become a useful member of society and the diversion of appropriate offenders from prison.

 (2) In providing these benefits to the criminal justice system, the board and any other paroling entity shall first and foremost seek to protect the safety of the public.

 (3) In addition to this goal, the board and any other paroling entity shall address input by crime victims, assist in the fair administration of justice by ensuring the custody, control and treatment of paroled offenders, shall consider any applicable guidelines established by the commission and shall ensure that parole proceedings, release and recommitment are administered in an efficient and timely manner.

 Act 81 of 2008 requires the Commission to adopt guidelines for parole that consider the following:

 (1) Give primary consideration to the protection of the public and to victim safety;

 (2) Provide for due consideration of victim input;

 (3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board;

 (4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs;

 (5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety; and

 (6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.

 Act 83 of 2008 requires the Board to consider guidelines for parole and reparole established by the Commission, and to report to the Commission the parole and reparole decision and provide a contemporaneous written statement of reasons for any deviation from the guidelines. In addition to consideration of the guidelines, the Board may develop and use internal decisional instruments.

 The guidelines for parole established by the Commission are advisory guidelines, which must be considered by the Board but for which the Board may exercise discretion in deviating from the guidelines. The guidelines do not remove the discretionary authority of the Pennsylvania Parole Board, and do not prevent the Board from developing policies and procedures related to parole decision-making.

Development of State Parole Guidelines

 Development of the guidelines for parole involved a research collaboration between the Commission, the Pennsylvania Parole Board, and Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota Law School. The research focused on the Board's use of an internal decisional instrument and studied two outcomes: the decision-makers' conformity with the recommendations, and the successes or failures of those decisions based on revocations for technical violations or new convictions. Analysis showed that overall, the Board's internal decisional instrument suggested parole in 83% of cases while the Board's overall grant rate is 58%. The Board conformed with its instrument in 66% of the cases. Variation was found based on the type of offense and the type of interview. The highest percentage of conformity to its internal instrument was for drug offenses (78%) and the lowest level of conformity was found in violent (60%) and sex offense (53%) cases. RRRI cases agreed with the instrument in 81% of cases while application cases only conformed in 23% of cases.

 Commission staff analyzed the significance of weighted factors in the internal decisional instrument and evaluated the point value assigned to each factor. Each of the four actual factors were significantly related to parole release, supporting the inclusion of these factors in the internal instrument. For the most part, the point values assigned to those factors were appropriate, with higher point values assigned to categories with a decreased likelihood of parole release.

 Analysis identified additional unweighted factors predictive of parole release. Inclusion of these factors would improve conformity to the existing decisional instrument. They included development of a parole release plan, placement in a treatment program, and a detainer and/or transfer of supervision to another state.

 Commission staff next analyzed the accuracy of the existing internal decisional instrument in predicting recidivism. Analysis found that the existing instrument has a small predictive value for recidivism (AUC value of .57 out of a score of 0 to 1). The two weighted factors most important for parole decisions (programming and behavior) are least predictive. Risk assessments alone have better predictive value.

 Robina conducted two qualitative studies involving interviewing Board Members and inmates previously denied parole. The studies identified Board Members' primary concerns: 1) ensuring public safety; 2) rehabilitation of the offender; and 3) offering second chances. Members rely on a wide variety of information reviewed prior to interviews and consider input from victims, Department of Corrections staff, sentencing judges, and district attorneys. The parole interview itself carries weight in making a release decision. Inmate interviews illustrated how individuals viewed the parole release process.

 With the Commission's analyses and Robina study results in mind, the Commission surveyed both Board Members and Hearing Examiners to ascertain the importance of underlying factors considered in the parole decision. They were asked to provide their opinions on the importance of various parole decisional factors for different types of cases and offenses. The survey found that the type of case does not impact the perceived importance of parole decisional factors.

 One deficiency identified with the use of the internal decisional instrument was the lack of objective criteria and the weighting of factors identified during the parole interview, as well as a mechanism for communicating this information to other decision-makers. Another factor not captured effectively in the internal decisional instrument was the role of statutory mandates or efficacious practices that may require or suggest a decision counter to the recommendation. To address these concerns, the Commission created a scoring mechanism for assessing readiness based on key factors considered during the interview and identified common override factors linked to statute or practice.

 Based on its evidence-driven data findings, the Commission proposes a new two-dimensional approach to parole guidelines. As the primary factor considered in the parole decision is public and victim safety, the first factor or dimension considered is risk. A score is assigned to this factor based on a single validated risk assessment tool. The second factor or dimension is preparedness. Preparedness is how well an offender is prepared for parole release. It based on pre-interview factors and interview factors.

 The intersection of risk and preparedness is the parole recommendation to grant or refuse parole. The recommendations differ between violent and non-violent offenders.

Commentary on Annex A

§ 309.1(1). Preliminary provisions.

 The Commission is authorized to adopt parole guidelines by statute: 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole). The guidelines give primary consideration to public and victim safety. They provide for consideration of victim input. The guidelines should be designed to encourage good conduct by offenders and their participation in programming. The guidelines will use validated risk assessment instruments and will prioritize criminal justice resources.

 Section (b) provides definitions of terms used in the State Parole Guidelines, as obtained from the Pennsylvania Parole Board, Department of Corrections, and Commission on Sentencing.

§ 309.2(a). Parole guidelines standards.

 The Pennsylvania Parole Board has authority to parole offenders sentenced to state incarceration. The State Parole Guidelines are advisory and will be considered by the Board. In every case, the Board will make reasons to grant or refuse parole as part of the record. Any reasons for overrides or reasons for departure from the State Parole Guidelines will be recorded on the Parole Guidelines Worksheet.

 The Commission's JNET-based Sentencing Guidelines Software application will be used at Board's direction to prepare and submit all guideline-required parole decision information.

 State Parole Guidelines apply to all state incarceration sentences imposed on or after July 1, 2021.

§ 309.3. Procedure for determining parole guidelines.

 The State Parole Guidelines categorize offenders into two groups: 1) a current or previous violent offense conviction and 2) no current or previous violent offense conviction. Recommendations for parole vary slightly between the two groups.

 The State Parole Guidelines include two dimensions: 1) the risk to public safety, as measured by the risk of recidivism and 2) an assessment of an offender's preparedness for parole release, as measured by pre-interview and interview factors. Both dimensions were developed based on data analysis of past parole decisions, recidivism, and decision makers' policies and philosophies.

 The risk score utilizes the ten criminogenic domains of the Level of Services Inventory-Revised (LSI-R). Scores range from 0 to 54, with higher scores indicating a higher rate of recidivism risk. The State Parole Guidelines group this risk score as low (0—19), medium (20—33), and high (34 and greater).

 The preparedness scores are based on seven pre-interview factors and four interview factors. Each is scored as a '1' or '0,' with '1' being more positive or indicating success. Pre-interview factors are a combination of actuarial and dynamic factors and include the Department of Corrections recommendation. Interview factors are grounded in the professional judgement of the decision makers. The preparedness score is grouped as low (0—7), medium (8-9), and high (10-11).

 The recommendation to grant or refuse parole is based on the intersection of the risk and preparedness categories. These slightly vary depending upon whether the offender has a current or past conviction for a violent offense.

 The State Parole Guidelines are advisory. Decision makers may deviate from the recommendation of the guidelines. Reasons for departing from the recommendations are required and placed in the record. Override factors are individually substantial and may justify a departure from the recommendations. They include an inmate's mental health or medication compliance status, an inmate's negative interest in parole, an outstanding detainer, judicial, prosecution or public safety input, and if the maximum sentence date occurs in less than one year.

 The State Parole Guidelines will apply to parole decisions for offenders initially being considered for parole and to those previously denied parole. They also apply to parole violators being considered for re-parole.

§ 309.4. Parole Guidelines Recommendations Matrices.

 The matrices are grids made of up the Risk Categories and Preparedness Categories. Each cell recommends either 'grant' or 'refuse' parole. One matrix (a) applies to offenders with a current (instant) or previous conviction for a violent offense. The other matrix (b) applies to offenders without a current (instant) or previous conviction for a violent offense. The differences between the two matrices is based on recidivism analysis and grant rates. The divergence between the two may be found at the intersection of the medium preparedness and medium risk categories.

§ 309.5. Parole Guidelines Worksheets.

 The Worksheets reflect the scoring for overall risk category and the pre-interview and interview categories. Override factors and reasons for departure are included. The recommendation matrices differ based on whether the offender is categorized as violent (a) or non-violent (b).

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART VIII. CRIMINAL SENTENCING

CHAPTER 309. PAROLE GUIDELINES

Subchapter A. STATE PAROLE GUIDELINES

 (Editor's Note: The following chapter is proposed to be added and is printed in regular type to enhance readability.)

Sec.

309.1.Preliminary provisions.
309.2.Parole guidelines standards.
309.3.Procedures for determining parole guidelines.
309.4(a).State Parole Guidelines Recommendations for Violent Offenders.
309.4(b).State Parole Guidelines Recommendations for Non-Violent Offenders.
309.5(a).Parole Guidelines Worksheet for Violent Offenders.
309.5(b).Parole Guidelines Worksheet for Non-Violent Offenders.

§ 309.1. Preliminary provisions.

 (a) Authorization.

 (1) As authorized by 42 Pa.C.S.A. § 2154.5 (relating to adoption of guidelines for parole), the Commission shall adopt guidelines that shall be considered by the Pennsylvania Parole Board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution.

 (i) The guidelines shall do all of the following:

 (A) Give primary consideration to the protection of the public and to victim safety;

 (B) Provide for due consideration of victim input;

 (C) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board;

 (D) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs;

 (E) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety; and

 (F) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.

 (ii) Notwithstanding any other provision of law, this section shall not remove the discretionary parole authority of the board and any other paroling entity when exercising its power to parole and reparole.

 (b) Definitions. For purposes of this chapter:

''Aggregated Sentence.'' Two or more consecutive sentences that have been combined whereby the aggregate minimum term is the sum of the consecutive minimum terms and the aggregate maximum term is the sum of the consecutive maximum terms.

''Conviction Offense.'' Offense for which the original sentence was imposed.

''Court.'' A court of record.

''Detainer.'' A written order of the court or paroling authority to hold a person in custody in a correctional institution pending further legal action.

''Hearing Examiner.'' An agent of the Parole Board who is empowered to sit on parole revocation panels, conduct parole hearings in lieu of panels and conduct parole interviews on behalf of the Parole Board.

''Judicial Proceeding.'' A sentencing hearing in which all offenses for which the offender is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple OTNs.

''Non-Violent Offender.'' An offender not currently or previously convicted of a violent offense, for which Parole Guidelines for Non-Violent Offenders applies. Non-violent offenders include the following:

''Rebuttable Parole.'' A statutorily designated non-violent inmate who has been certified by the DOC based on a good conduct record and nonviolent history.
''Recidivism Risk Reduction Incentive (RRRI).'' A sentence imposed upon a non-violent inmate that can allow them the opportunity to reduce their minimum sentence upon completion of recommended programming, and while maintaining a good conduct record.
''Short Sentence Parole.'' Offenders sentenced to state incarceration with an aggregate minimum sentence of two years or less or a recidivism risk reduction incentive minimum sentence of two years or less, excluding ineligibility as defined in 61 Pa.C.S. § 6137.1, may be approved by the Board for parole without requiring an interview. If an offender is committed to the Department of Corrections after the expiration of the minimum sentence, parole may be approved within 30 days after commitment.

''Original Sentence.'' The sentence resulting from the original conviction. It is from this sentence the Board paroles the inmate and the parolee serves the remaining time on the street unless recommitted by the Board.

''Override Factors.'' A number of common reasons found for deviation from parole guidelines, including: mental health/medication compliance, negative interest in parole, judicial input, prosecution/public safety input, detainer status, and less than one year until maximum sentence reached. Based on the identification of one or more overriding factors, parole decision makers may deviate from the parole guidelines recommendation.

''Panel.'' A two-member unit of the Parole Board comprised of either two Board Members or one Board Member and one Hearing Examiner, empowered to make parole release decisions and recommitment decisions.

''Parole.'' The conditional release from imprisonment of an inmate from a correctional facility to serve the remainder of his/her unexpired sentence in the community under supervision as long as (s)he satisfactorily complies with all terms and conditions provided in the parole order.

''Parole Guideline Recommendation.'' Advisory guidelines adopted by the Pennsylvania Commission on Sentencing and considered by the Pennsylvania Parole Board as part of the parole review process. The parole guidelines take into account the risk of recidivism and preparedness for reentry in determining a parole recommendation. Separate guidelines have been adopted for Violent Offenders and Non-Violent Offenders.

''Parole Preparedness Category.'' One of two factors used to determine the parole guidelines recommendation. The parole preparedness category is a scale based on 11 factors identified prior to and during the parole interview, intended to measure an inmate's readiness for parole release. A higher score indicates greater preparedness. One point is assigned for each positive assessment; 0 points for each negative assessment.

''Parole Risk Category.'' One of two factors used to determine the parole guidelines recommendation. The parole risk category is determined through the Level of Service Inventory-Revised (LSI-R). The LSI-R is a validated risk-screening instrument used by the Department of Corrections. LSI-R assesses an inmate's general risk based on each of 10 criminogenic domains. Scores range from 0 to 54, with scores of 0 to 19 designated as low risk, scores of 20 to 33 designated as medium risk, and scores of 34 to 54 designated high risk.

''Pennsylvania Parole Board (Board).'' An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms.

''Sentencing Guidelines Software Web Application (SGS Web).'' A JNET-based application operated by the Commission which includes the modules for Sentencing, Resentencing, and Parole Guidelines. SGS Web serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences.

''State Parole.'' The Pennsylvania Parole Board has paroling authority for offenders sentenced to state incarceration.

''Underlapping Concurrent Sentence.'' A sentence that is served at the same time as the controlling sentence but has a shorter minimum and/or maximum sentence than the controlling sentence

''Violent Offender.'' An offender with a current or previous conviction as provided below, or an offense otherwise designated by the Pennsylvania Parole Board as violent offense, for which Parole Guidelines for Violent Offenders applies:

42 Pa.C.S.A. § 9714(g)
42 Pa.C.S.A. § 9718.1
42 Pa.C.S.A. § 9799.14
44 Pa.C.S.A. § 2301

§ 309.2. Parole guidelines standards.

 (a) Guidelines. The Board shall consider the parole guidelines in the parole decision.

 (b) Effective Date. The parole guidelines apply to consideration of parole for all state incarceration sentences effective July 1, 2021. Amendments to the parole guidelines shall apply to consideration of parole for all state incarceration sentences on or after the effective date of the Amendment.

 (c) Reasons. In every case in which the Board renders a parole decision, the Board shall make as part of the record a statement of the reason or reasons for the decision to grant or refuse parole.

 (d) Deviation from the Guidelines. In every case in which the Board deviates from the guidelines, the Board shall identify override factors or reasons for departure from the guidelines, and the factors or reasons for the deviation from the guidelines shall be recorded on the Parole Guidelines Worksheet, a copy of which shall be electronically transmitted to the Pennsylvania Commission on Sentencing in the manner described in § 309.2(e).

 (e) Reporting decision. Unless otherwise provided by the Commission, the JNET-based Sentencing Guidelines Software application (SGS Web) shall be used at the Board's direction to prepare and submit all guideline-required parole decision information.

 (1) The completed Parole Guidelines Worksheet shall be made a part of the record and the information electronically submitted to the Commission via SGS Web no later than 30 days after the date of the parole decision.

 (2) The completed Parole Guidelines Worksheet shall be used to report any and all subsequent revocations of parole and any and all subsequent decision to reparole an offender and made part of the record in manner described in § 309.2(e)(1).

§ 309.3. Procedures for determining parole guidelines.

 (a) The Parole Guidelines categorizes offenders into two groups:

 (1) Violent offenders. Inmates with convictions for current (instant) or past violent offense(s), and

 (2) Non-violent offenders. Inmates with no convictions for current or no past violent offenses.

 (b) The Parole Guidelines recommendation is based upon two categories.

 (1) The first measure is Risk of Recidivism.

 (i) The LSI-R score is calculated prior to the interview.

 (ii) The LSI-R score is grouped into three categories:

 (A) High Risk (scores 34 and greater)

 (B) Medium Risk (scores of 20 to 33)

 (C) Low Risk (scores 19 and less)

 (2) The second measure is Preparedness Score.

 (i) The pre-interview factors are scored as a '1' or a '0,' with 1 being successful or positive.

 (A) Factors directly related to the offender's behavior and compliance include:

 (I) Completion of required programs or current enrollment in required programs;

 (II) Misconduct free for the past 12 months;

 (III) Free of criminal or assaultive misconducts for the past 12 months;

 (IV) One or no prior probation or parole revocations;

 (V) Free of alcohol or drug dependence; and

 (VI) Compliance with all prescribed medications.

 (B) Factor related to the recommendation of the Department of Corrections.

 (ii) The interview preparedness factors are based on the professional judgement of the decision maker(s) and scored as a '1' or a '0,' with 1 being positive or successful.

 (A) Motivation for success.

 (B) Acceptance of responsibility.

 (C) Insight and positive response to address criminal behavior.

 (D)  Stable release plan (community and/or family support).

 (iii) The overall Preparedness Score is the total of the pre-interview and interview factors and ranges from 0 to 11

 (A) Low preparedness: Score 0 to 7.

 (B) Medium preparedness: Score 8 to 9.

 (C) High preparedness: Score 10 to 11.

 (c) The Parole Guidelines recommendation is based upon the Risk Category and Preparedness Category in § 309.4(a) and (b), depending upon whether the offender is classified as violent or non-violent.

 (d) Deviations from the Guidelines. The Parole Guidelines are advisory. Decision makers may deviate from the recommendation of the Parole Guidelines.

 (1) Reasons for deviations from the Parole Guideline recommendations are placed on the record.

 (2) Override factors are substantial individual factors that may justifying a departure from the parole guidelines recommendation:

 (i) Mental health or medication compliance;

 (ii) An inmate's negative interest in parole;

 (iii) Judicial, prosecution and public safety input;

 (iv) Outstanding detainer;

 (vi) Maximum sentence date is less than one year from interview date.

 (3) Departure reasons are required for decisions contrary to the Parole Guidelines recommendations when an overriding factor is not identified:

 (e) Additional Applications.

 (1) The Parole Guidelines must be considered in all cases for which the Board is authorized to exercise discretionary parole, including all initial and subsequent parole decisions.

 (2) For individuals recommitted as parole violators, the Parole Guidelines must be considered prior to re-parole.

§ 309.4(a). State Parole Guidelines Recommendations for Violent Offenders.


§ 309.4(b). State Parole Guidelines Recommendations for Non-Violent Offenders.

§ 309.5(a). Parole Guidelines Worksheet for Violent Offenders.

§ 309.5(b). Parole Guidelines Worksheet for Non-Violent Offenders.


[Pa.B. Doc. No. 20-895. Filed for public inspection July 10, 2020, 9:00 a.m.]



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