THE GENERAL ASSEMBLY
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
COMMISSION ON SENTENCING
[ 204 PA. CODE CH. 311 ]
Proposed State Parole Recommitment Ranges
[50 Pa.B. 3417]
[Saturday, July 11, 2020]The Pennsylvania Commission on Sentencing hereby publishes for public comment proposed State Parole Recommitment Ranges, 204 Pa. Code §§ 311.1—311.5. The proposed State Parole Recommitment Ranges are set forth in Annex A.
The Commission was authorized by 42 Pa.C.S. § 2154.6 to adopt recommitment ranges following revocation of parole to be considered by the Pennsylvania Parole Board when exercising its power to reparole, commit, and recommit for parole violations. Recommitment ranges shall take into account the: 1) seriousness of the initial conviction offense, 2) the level of seriousness of the violation, and 3) rehabilitative needs of the defendant.
The State Parole Recommitment Ranges 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 Recommitment Ranges.
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 Recommitment Ranges 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 Recommitment Ranges. The proposed State Parole Recommitment Ranges 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.
With regard to recommitment following violation of terms, 61 Pa.C.S. § 6137(h) (relating to power to recommit), authorizes:
(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).
Act 81 of 2008 requires the Commission to adopt recommitment ranges following revocation of parole by the Board when exercising its power to reparole, commit and recommit for violations of parole that consider the following:
(1) the seriousness of the initial conviction offense;
(2) the level of seriousness of the violation; and
(3) the rehabilitative needs of the defendant.
The recommitment range is a range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled. At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.
Act 83 of 2008 requires the Board to consider recommitment ranges established by the Commission, and to report to the Commission the recommitment decision and provide a contemporaneous written statement of reasons for any deviation from the recommitment ranges. In addition to consideration of the guidelines, the Board may develop and use internal decisional instruments.
The recommitment ranges established by the Commission are advisory recommendations, which must be considered by the Board but for which the Board may exercise discretion in deviating from the recommendations. The recommitment ranges do not remove the discretionary authority of the Pennsylvania Parole Board, and do not prevent the Board from developing policies and procedures related to recommitment decisions.
Development of State Parole Recommitment Ranges
Development of the state parole recommitment ranges began in 2013 and included a review of the existing statutes, practices, and policies followed by the Parole Board in assigning recommitment time. The review included analyses of parole data and recidivism data prepared by the Board. A more recent review of statutes and practices occurred in 2019 in concert with the final development of the proposed parole guidelines.
For conviction violations, in order to provide proportionality in consideration of the seriousness of the violation, the Commission's proposal links the offense gravity scores of the new conviction with the recommended recommitment range. For repeat violations, the Commission has proposed a one-point increase in the offense gravity score for a second conviction violation and a two-point increase in the offense gravity score for a third or subsequent conviction violation.
For technical violation, while statute controls the maximum period of recommitments, the Commission's proposal includes a minimum period for the more serious technical violators who, by statute, are housed in a state correctional facility or contracted county jail.
Commentary on Annex A
§ 311.1(a). Preliminary Provisions. Authorization.
Statute 42 Pa.C.S. § 2154.6 authorizes the Commission to adopt recommitment ranges following revocation of parole by the Pennsylvania Board of Parole.
§ 311.1(b). Preliminary Provisions. Definitions.
This section provides definitions of terms used in the proposed State Parole Recommitment Ranges, as obtained from the PA Parole Board, PA Department of Corrections, and Pennsylvania Commission on Sentencing.
§ 311.2. State Parole Violator Recommitment Range Standards.
The recommitment ranges are advisory and will be considered by the Pennsylvania Parole Board. They apply to revocations of parole following the appropriate hearings. The State Parole Recommitment Ranges will apply to any violations and hearings initiated on or after the effective date of the State Parole Recommitment Ranges.
The Parole Board will provide to the Commission a contemporaneous written statement of reasons for any deviations from the State Parole Recommitment Ranges. The Commissions JNET-based Sentencing Guidelines Software Web application will be used to report identify or calculate the appropriate recommitment range, report the recommitment time ordered, and report the recommitment and reparole or release of an offender.
§ 311.3. Procedure for Determining State Parole Violator Recommitment Range.
The Parole Board will determine if the revocation is due to a technical or conviction violation. Conviction violations include those circumstances involving both a technical and conviction violation.
The Board will determine recommitment time considering the seriousness of the initial conviction offense, the seriousness of the technical violation or the new offense, and the rehabilitative needs of the offender.
§ 311.4. Technical State Parole Violator Ranges: General.
Recommitment ranges for technical state parole violations is first based upon whether it meets the criteria for incarceration in a state correctional institution or contracted county jail 61 Pa.C.S. § 6138(c)(1.3). A technical offender is recommitted to a state correctional institution or contracted county jail if the violation was of a sexual nature, assaultive or had a threat of bodily harm, involved a weapon, or a threat to public safety. Additional criteria include if the offender absconded or cannot be diverted to a community center or if the violation included an intentional or unexcused failure to adhere to programming or conditions on more than three occasions.
If it meets those criteria set forth in 61 Pa.C.S. § 6138(c)(1.3), statute caps recommitment at six months (61 Pa.C.S. § 6138(d)(3)(i)) for the first recommitment. Statute caps the second recommitment on the initial sentence at 9 months (61 Pa.C.S. § 6138(d)(3)(ii)); the State Parole Recommitment Ranges recommend a recommitment of not less than 6 months. A third or subsequent revocation on the initial sentence is capped at 12 months by statute (61 Pa.C.S. § 6138(d)(3)(iii)); the State Parole Recommitment Ranges recommends not less than 9 months recommitment. Statute also states that these caps are not applicable if there are disciplinary infractions or if an offender spent more than 90 days in segregated housing or refused programming or work assignments.
If the technical violation does not meet those criteria in 61 Pa.C.S. § 6138(c)(1.3), recommitment time may be served at another facility operated or contracted by the Department of Corrections. Statute recommends not more than six months recommitment time (61 Pa.C.S. § 6138(e)).
§ 311.5. Convicted State Parole Recommitment Ranges: General.
If a parolee is convicted of a new criminal offense while on parole, the Parole Board orders recommitment of the offender after a revocation hearing. A convicted parole violator is subject to recommitment in a state correctional facility. The Board will order the offender to serve an additional part of the term which the offender would have been compelled to serve if not paroled.
The recommitment time is determined using the recommitment ranges based on the offense gravity score of the new offense. Ranges increase for the second revocation and third/subsequent revocation of the initial offense if there is a new offense conviction. If the balance of the original sentence is less than the recommitment time, the balance of the sentence is the minimum recommitment time.
The Board has discretion to decrease or increase recommitment time as provided in aggravating and mitigating ranges also based on the offense gravity score of the new conviction offense. Statute 61 Pa.C.S. § 6138(a)(2.1) provides the Board discretion to award credit time to a parolee for paroled time based on criteria set forth.
An offender completes the original sentence, including recommitment time, prior to completion of the sentence for the new crime.
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 311. STATE PAROLE RECOMMITMENT RANGES (Editor's Note: The following chapter is proposed to be added and is printed in regular type to enhance readability.)
Sec.
311.1. Preliminary provisions. 311.2. State Parole Violator Recommitment Range standards. 311.3. Procedure for Determining State Parole Violator Recommitment Range. 311.4. Technical State Parole Violator Recommitment Ranges: General. 311.5. Convicted State Parole Violator Recommitment Rages: General. § 311.1. Preliminary provisions.
(a) Authorization.
(1) As authorized by 42 Pa.C.S.A. § 2154.6 (relating to recommitment ranges following revocation of parole by the Board), the Commission shall adopt recommitment ranges that shall be considered by the Board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution.
(i) The recommitment ranges shall take into account:
(A) The seriousness of the initial conviction offense;
(B) The level of seriousness of the violation; and
(C) The rehabilitative needs of the defendant.
(ii) At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.
(b) Definitions. For purposes of this chapter:
''Convicted Parole Violator.'' Parolee under the jurisdiction of the Board who, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere at any time thereafter in a court of record, may at the discretion of the board be recommitted as a parole violator (61 Pa.C.S. § 6138(a)).
''Conviction.'' A finding of guilt or the entering of a plea of guilty or nolo contendere for a misdemeanor or felony offense in a court of record, whether or not judgement of sentence has been imposed.
''Conviction Offense.'' Offense for which the original sentence was imposed.
''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.
''Hearings.''
Detention. Held within 30 days of parolee's detention, unless waived or a criminal preliminary hearing has been previously held, to determine whether there is probable cause that a parolee should be detained or returned pending disposition of new criminal charge(s).Gagnon I Hearing. A first-level, probable cause hearing held to determine whether there is sufficient evidence to charge an offender with a violation of parole.Gagnon II Hearing. A second-level, fact finding hearing held by a Common Pleas Court to determine whether an offender has in fact violated the terms and conditions of parole, and if so, whether the offender should be sent to prison as a violator or continue on parole.Preliminary. Held no later than 14 days after a parolee's detention, to determine whether there is probable cause to believe that a parolee committed a violation of a condition of parole.Rescission. To decide whether there is good cause for rescinding parole.Revocation. Held within 120 days of a plea of guilty, nolo contendere, or a guilty verdict, or from official notification of return to state institution, if detained elsewhere, to determine whether a parolee should be recommitted as a convicted parole violator.Violation. Held no later than 120 days from the preliminary hearing, to determine whether a parolee should be recommitted as a technical violator.''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 who is not currently or was previously convicted of a violent offense.
''Offense Gravity Score (OGS).'' An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense (see: 204 Pa. Code § 303.3 and § 303.15).
''Order of Service of Sentence.'' The Parole Act specifies that a Convicted Parole Violator must serve any new sentence of confinement before his/her backtime, if the new sentence is to a prison other than the prison of original parole (all state prisons are considered to be one prison). If the new sentence is to the same prison, backtime must be served first.
''Parole.'' The conditional release of an inmate from incarceration. There is no right to parole. An offender sentenced to state or county incarceration is eligible for parole upon reaching minimum sentence. Offenders may be paroled prior to their minimums if made eligible for county re-entry programs at the time of sentencing to county incarceration or upon reaching an RRRI minimum for state incarceration. Upon release to parole, the offender serves the balance of the sentence (maximum) in the community under supervision and with conditions imposed, unless the parole is revoked.
''Parole Decision.'' The Board or the Court (sentencing judge) renders a decision to grant parole or refuse to grant parole.
''Parole Violation.'' A finding following a hearing that the offender failed to comply with terms and conditions of parole.
Technical Violation. Failure to comply with the terms and conditions of parole, other than by the commission of a new offense of which the offender is convicted in a court of record.Conviction Violation. Commission of a new offense during the period of parole, resulting in a conviction for a misdemeanor or felony in a court of record, whether or not judgement of sentence has been imposed. Violations including both technical and conviction violation are considered conviction violations.''Parole Violator.'' An offender under parole supervision in the community who commits a technical violation or conviction violation.
''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. The Board makes parole, parole revocation and recommitment, and reparole decisions.
''Presumptive Range.'' A period of recommitment, set as a minimum and maximum term of months for each condition of parole as well as most criminal offenses, that a parolee who violates his/her parole may expect to spend in confinement prior to being eligible for reparole.
''Prior record score (PRS).'' A category in the sentencing guidelines reflecting the seriousness of the criminal history of an offender (see: 204 Pa. Code § 303.4).
''Recommitment.'' The return of a parolee to incarceration for violation of the conditions of his/her parole or because of a conviction for a new crime. It is an administrative determination that an offender, because he/she violated parole, should be returned to an institution to serve all or part of the unexpired term of the sentence.
''Recommitment Range.'' A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled.
''Revocation.'' A decision to revoke parole and to recommit an offender to incarceration after a revocation or violation hearing.
''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.
''Street Time.'' The period of conditional liberty and freedom from confinement on a particular sentence that a parolee enjoys during which time the parolee is in compliance with the terms and conditions of parole.
''Technical Parole Violator.'' Parolee who violates the terms and conditions of his parole, other than by the commission of a new crime of which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere in a court of record, may be detained pending a hearing before the board or waiver of the hearing or recommitted after a hearing before the board or a waiver of the hearing (61 Pa.C.S. § 6138(c)).
''Violent Offender.'' An offender with a current or previous conviction as provided below, or an offenses 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
§ 311.2. State Parole Violator Recommitment Range Standards.
(a) The Pennsylvania Parole Board shall consider recommitment ranges in determining the appropriate recommitment time for technical and convicted parole violators
(b) In every case in which the Pennsylvania Parole Board deviates from the recommitment ranges, the Board shall provide a contemporaneous written statement of the reasons for the deviation from the recommitment ranges to the Commission as established under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
(c) The parole violator recommitment ranges apply to revocations of parole following the appropriate hearing(s) and recommitment by the Pennsylvania Parole Board.
(d) The parole violator recommitment ranges shall apply to all state parole violation and revocation hearings initiated on or after the effective date of the recommitment ranges.
(e) Unless otherwise provided by the Commission, the JNET-based Sentencing Guideline Software Web application (SGS Web) shall be used by the Pennsylvania Parole Board to:
(1) identify or calculate the appropriate recommitment range,
(2) report recommitment time ordered, and
(3) report the recommitment and re-parole or release of the offender.
§ 311.3. Procedure for Determining State Parole Violator Recommitment Range.
(a) For each state parole recommitment of an offender, the procedure for determining the appropriate recommitment range is as follows:
(1) Upon recommitment, determine if the offender is classified as a convicted parole violator (61 Pa.C.S. § 6138(a)(1) and (1.1)) or a technical parole violator (61 Pa.C.S. § 6138(c)(1) or (c)(1.3)).
(i) A technical parole violator is a parolee under the jurisdiction of the Board who violates the terms and conditions of his parole, other than by the commission of a new crime of which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere in a court of record, may be detained pending a hearing before the board or waiver of the hearing or recommitted after a hearing before the board or a waiver of the hearing.
(ii) A convicted parole violator is a parolee under the jurisdiction of the Board who, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere at any time thereafter in a court of record, may at the discretion of the board be recommitted as a parole violator (61 Pa.C.S. § 6138(a)(1) and (1.1)).
(2) If the offender is a technical parole violator, determine if the offender meets criteria set forth in 61 Pa.C.S. § 6138(c)(1.3):
(i) offense was sexual in nature;
(ii) violation involved assaultive behavior or included a credible threat to cause bodily injury to another;
(iii) violation involved possession or control of a weapon;
(iv) parolee absconded and cannot be safely diverted to a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department;
(v) an identifiable threat exists to public safety and parolee cannot be safely diverted to a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department;
(vi) the violation involved an intentional and unexcused failure to adhere to recommended programming or conditions on more than three occasions, and the parolee cannot be safely diverted.
(3) Identify the appropriate recommitment range.
(b) Determine recommitment time to be served, taking into account the
(1) seriousness of the initial conviction offense,
(2) the level of seriousness of the violation or new offense, and
(3) the rehabilitative needs of the defendant.
§ 311.4. Technical State Parole Violator Recommitment Ranges: General.
(a) Ranges of parole recommitment to be served shall be utilized if a parolee violates a general or specific condition of parole, and the Pennsylvania Parole Board orders recommitment as a technical violator after the appropriate violation hearing(s).
(b) Technical parole violators as defined in 61 Pa.C.S. § 6138(c)(1) are subject to revocation of state parole and recommitment. Recommitment is served in a community corrections center, community corrections facility, or any secured facility operated or contracted by the Department.
(1) Technical parole violators shall serve not more than six (6) months (61 Pa.C.S. § 6138(e)(1)).
(2) The Pennsylvania Parole Board may re-parole an offender prior to the six (6) months provided written justification is given (61 Pa.C.S. § 6138(e)(2)).
(3) Technical parole violators as defined in 61 Pa.C.S. § 6138(c)(1.3) are subject to revocation of state parole and recommitment. Recommitment is served in a state correctional institution or a contracted county jail.
(i) For the first recommitment, a technical parole violator shall serve not more than six (6) months (61 Pa.C.S. § 6138(d)(3)(i)). The Pennsylvania Parole Board may re-parole an offender prior to the six (6) months provided written justification is given (61 Pa.C.S. § 6138(d)(4)).
(ii) For the second recommitment for the same sentence, a technical parole violator shall serve not less than six (6) months and not more than nine (9) months (61 Pa.C.S. § 6138(d)(3)(ii)).
(iii) For the third and subsequent recommitment for the same sentence, a technical parole violator shall serve not less than nine (9) months and not more than one (1) year (61 Pa.C.S. § 6138(d)(3)(iii)).
(iv) Maximum recommitment time shall not be applicable (61 Pa.C.S. § 6138(d)(5)) for a recommitted technical parole violator who 1) commits a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substance, 2) spent more than 90 days in segregated housing due to one or more disciplinary infractions, or 3) refused programming or work assignments.
§ 311.5. Convicted State Parole Violator Recommitment Ranges: General.
(a) Ranges of parole recommitment to be served shall be utilized if a parolee is convicted of a new criminal offense while on parole and the Board orders recommitment as a convicted parole violator after the revocation hearing.
(b) Convicted parole violators as defined in 61 Pa.C.S. § 6138(a)(1) and (1.1) are subject to revocation of state parole and recommitment. Recommitment time is served in a correctional facility.
(c) If the Board orders the recommitment of a convicted parole violator, the parolee shall be recommitted to serve an additional part of the term which the parolee would have been compelled to serve had the parolee not been paroled.
(d) The convicted parole violator will complete the original sentence, including recommitment time, and complete a sentence for the new crime in accordance with 61 Pa.C.S. § 6138(a)(5) and (a)(5.1).
(e) The Board may, at its discretion, award credit to a parolee recommitted for time spent at liberty on parole as established in criteria set forth in 61 Pa.C.S. § 6138(a)(2.1).
(f) The Board may, at its discretion, reparole a convicted parole violator (61 Pa.C.S. § 6138(a)(3)).
(g) The recommitment ranges for convicted parole violators are intended to structure the discretion of the Board while allowing for individual circumstances in terms of mitigation and aggravation to be considered in the final decision.
(h) The recommitment ranges for convicted state parole violators are based on the current Offense Gravity Score of the new offense as described below.
Offense Gravity Score Recommitment Range (in months) 15 60—Expiration of maximum sentence 14 48—Expiration of maximum sentence 13 48—Expiration of maximum sentence 12 36—Expiration of maximum sentence 11 36—Expiration of maximum sentence 10 24—48 9 24—36 8 18—36 7 18—24 6 12—24 5 12—18 4 6—18 3 6—12 2 3—9 1 1—6 (i) For individuals convicted of out-of-state or federal offenses, the Board will determine the current equivalent Offense Gravity Score.
(j) If a convicted parole violator who is re-paroled is convicted of a second offense while on parole for the initial sentence, the Board will consider a recommitment range increased by one Offense Gravity Score for the instant offense.
(k) If a convicted parole violator who is re-paroled is convicted of a third or subsequent offense while on parole for the initial sentence, the Board will consider a recommitment range increased by two Offense Gravity Scores for the instant offense.
(l) When the Board determines that an aggravating circumstance(s) is present, it may impose a recommitment period as follows:
(1) For Offense Gravity Score of 15, the Board may impose a recommitment period up to 24 months longer than the upper limit of the recommitment range.
(2) For Offense Gravity Scores of 11, 12, 13, and 14, the Board may impose a recommitment period up to 12 months longer than the upper limit of the recommitment range.
(3) For Offense Gravity Score of 9 and 10, the Board may impose a recommitment period up to nine months longer than the upper limit of the recommitment range.
(4) For Offense Gravity Scores of 5, 6, 7, and 8, the Board may impose a recommitment period up to six months longer than the upper limit of the recommitment range.
(5) For Offense Gravity Scores of 1, 2, 3, and 4, the Board may impose a recommitment period up to three months longer than the upper limit of the recommitment range.
(m) When the Board determines that a mitigating circumstance(s) is present, it may impose a recommitment period as follows:
(1) For an Offense Gravity Score of 15, the Board may impose a recommitment period up to 24 months less than the lower limit of the recommitment range.
(2) For Offense Gravity Scores of 11, 12, 13, and 14, the Board may impose a recommitment period up to 12 months less than the lower limit of the recommitment range.
(3) For an Offense Gravity Score of 9 and 10, the Board may impose a recommitment period up to nine months less than the lower limit of the recommitment range.
(4) For Offense Gravity Scores of 5, 6, 7, and 8, the Board may impose a recommitment period up to six months less than the lower limit of the recommitment range.
(5) For Offense Gravity Scores of 1, 2, 3, and 4, the Board may impose a recommitment period up to three months less than the lower limit of the recommitment range.
(6) If a paroled offender is recommitted on two or more offenses for the same criminal incident while on parole, the Board will consider the recommitment range for the offense with the greater Offense Gravity Score.
(n) If a paroled offender is convicted of another offense while on parole and the balance of the original sentence is less than the recommended minimum recommitment time, the balance of the sentence is the minimum.
[Pa.B. Doc. No. 20-896. Filed for public inspection July 10, 2020, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
