THE GENERAL ASSEMBLY
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
COMMISSION ON SENTENCING
PART VIII. CRIMINAL SENTENCING
[204 PA. CODE CH. 311]
Adopted State Parole Recommitment Ranges
[53 Pa.B. 5475]
[Saturday, August 26, 2023]On January 7, 2023, the Pennsylvania Commission on Sentencing (Commission) published in the Pennsylvania Bulletin (53 Pa.B. 260) proposed State Parole Recommitment Ranges, 204 Pa. Code §§ 311.1—311.6, and requested public comment. Six public hearings were held:
February 8, 2023 (Philadelphia)
February 17, 2023 (Easton)
February 22, 2023 (Pittsburgh)
February 27, 2023 (PA DOC via Zoom, limited to testimony from incarcerated individuals)
March 2, 2023 (Erie)
March 8, 2023 (Harrisburg and via Zoom)
The Commission is authorized by 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by board) 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 March 9, 2023, the Pennsylvania Commission on Sentencing adopted State Parole Recommitment Ranges, 204 Pa. Code §§ 311.1—311.6, which are hereby submitted to the General Assembly for review by way of publication in the Pennsylvania Bulletin.
State Parole Recommitment Ranges become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly and apply to all State parole violation hearings initiated on or after January 1, 2024.
State Parole Recommitment Ranges, as adopted by the Commission, are summarized as follows, and set forth in Annex A.
JUDGE TAMARA R. BERNSTEIN,
ChairCommentary on 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 persons 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.
Regarding recommitment following violation of terms, 61 Pa.C.S. § 6137(h) (relating to parole power) 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 the person's 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.
(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) (relating to powers and duties of commission).
Section 2154.6 of 42 Pa.C.S. requires the Commission to adopt recommitment ranges 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.
A recommitment range is a recommendation for a period of time for 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 recommitment period, the parole violator may be reviewed for parole or, without further review, shall be reparoled.
Section 6137 of 61 Pa.C.S. 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.
The adopted recommitment ranges standardize current practices, improve the consistency and transparency of decisions, and enhance data collection and analysis. By linking the recommitment ranges to the parole guidelines and the 8th Edition Sentencing Guidelines, the Commission is promoting coordination of information and decision-making.
On July 11, 2020, the Commission published at 50 Pa.B. 3417 (July 11, 2020) initial proposed State Parole Recommitment Ranges, 204 Pa. Code §§ 311.1—311.5, and held two public hearings. On September 10, 2020, the Commission tabled action on adoption of the recommitment ranges due to delays in adoption of the related parole guidelines. On March 10, 2022, the Commission voted to resume consideration of both the proposed parole guidelines and proposed recommitment ranges. The Commission approved without amendment the proposed State Parole Recommitment Ranges, republished the same at 52 Pa.B. 2351 (April 23, 2022), and held two public hearings.
On June 2, 2022, the Commission voted to delay action on adoption, providing staff with an opportunity to address the following issues: consideration of the seriousness of the initial conviction offense, as required by statute; consideration of the rehabilitative needs of the defendant, as required by statute; concerns that recommendations for technical violators included a minimum period of time, and did not address disciplinary infractions or recommitments to non-correctional facilities; and concerns that recommendations for convicted violators were linked to the 7th Edition Sentencing Guidelines, which would be inconsistent with proposals the Commission was preparing for new sentencing guidelines. Staff reviewed proposals with the Parole Board and drafted revised recommitment ranges for consideration by the Commission, which included an additional section (§ 311.6 (relating to parole violator tables)) with new tables for clearer presentation of recommendations.
On December 8, 2022, the Commission approved for the purpose of receiving public comment revised proposed State Parole Recommitment Ranges, which were published at 53 Pa.B. 260 (January 7, 2023), and six public hearings were held. The proposed recommitment ranges are intended to document existing practices and serve as interim recommitment ranges until validation of the Static Risk Offender Needs Guide—Revised (STRONG-R) risk assessment instrument by the Department of Corrections and the related reconstruction of the initial parole guidelines.
On March 9, 2023, the Commission adopted the State Parole Recommitment Ranges, 204 Pa. Code §§ 311.1—311.6. State Parole Recommitment Ranges become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly and apply to all state parole violation hearings initiated on or after January 1, 2024.
Description of Amendments
Provided as follows is a description of each of the sections of the adopted State Parole Recommitment Ranges. The adopted State Parole Recommitment Ranges are set forth in Annex A.
§ 311.1. Preliminary provisions
This section addresses the statutory authorization to adopt recommitment ranges and includes a list of definitions of words and phrases used in the recommitment ranges. Certain definitions provided in the proposed recommitment ranges are amended or other definitions added to conform with definitions adopted in the State Parole Guidelines and the 8th Edition Sentencing Guidelines.
§ 311.2. Parole violator recommitment range standards
This section addresses the requirements related to the consideration of the recommitment ranges and the reporting of decisions to the Commission. Procedures for reporting recommitment information and decisions are the same as those developed for the reporting of parole information and decisions, utilizing an export of data from the Board to the Commission by means of JNET and the Commission's sentencing guidelines application.
§ 311.3. Procedure for determining parole violator recommitment range
This section defines the two types of violators: technical parole violator and convicted parole violator; and describes the general procedures for determining the applicable range and consideration of aggravating or mitigating circumstances.
§ 311.4. Technical parole violator recommitment ranges
This section includes general provisions for consideration of ranges for technical parole violators, including the description of specified violation conditions for which individuals are recommitted to correctional facilities, and those otherwise recommitted to non-correctional facilities, including group facilities and parole violator centers; and the specific provisions for determining the recommitment ranges for technical parole violators. Amendments to the proposed recommitment ranges, for technical parole violators, consistent with § 311.6, include adjustments to recommendations for non-violent cases recommitted to correctional facilities and recommitments to community facilities and parole violator centers. These amendments are in response to comments received during public hearings and the consideration of time served following revocation.
§ 311.5. Convicted parole violator recommitment ranges
This section includes general provisions for consideration of ranges for convicted parole violators, including the specific provisions related to the recommended ranges determined in part on the seriousness of the new conviction offense based on the corresponding level of the 8th Edition Sentencing Guidelines. Amendments to the proposed recommitment ranges are limited to updating the designation of certain offense gravity scores consistent with the 8th Edition Sentencing Guidelines.
§ 311.6. Parole violator tables
This section includes two tables that display recommitment ranges. Subsection (a) (relating to table 1—technical parole violator recommitment ranges) addresses technical parole violator recommitment ranges; subsection (b) (relating to table 2—convicted parole violator recommitment ranges) addresses convicted parole violator recommitment ranges. Amendments to the proposed recommitment ranges, for technical parole violators, consistent with § 311.4 (relating to technical parole violator recommitment ranges), include adjustments to recommendations for non-violent cases recommitted to correctional facilities and recommitments to community facilities and parole violator centers. These amendments are in response to comments received during public hearings and the consideration of time served following revocation.
Effective Date
State Parole Recommitment Ranges shall become effective January 1, 2024, and apply to all State parole violation hearings initiated on or after that date, unless disapproved by the General Assembly, pursuant to 42 Pa.C.S. § 2155(b) (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation).
Resource Utilization
Prior to the adoption of amendments to the recommitment ranges, the Commission is required to use a correctional population simulation model to determine the resources that are required under current recommitment ranges and the resources that would be required to carry out any proposed amendments to the recommitment ranges. 42 Pa.C.S. § 2153(a)(15).
Since the State Parole Recommitment Ranges adopted by the Commission are initial ranges, there are no current ranges to serve as a baseline and no basis for determining Board compliance with the State Parole Recommitment Ranges. However, in developing the ranges in conjunction with the Board, the Commission sought to incorporate existing regulations and statutes as well as practices of Board decision-makers. For revocations and recommitments for technical violators, the adopted ranges reflect statutory requirements as provided in 61 Pa.C.S. § 6138 (relating to violation of terms of parole); and for revocations and recommitments for convicted violators, the new ranges standardize recommendations and provide more targeted ranges than existing regulations, while providing coordination with the sentencing guidelines for new conviction offenses. Taken together, the addition of recommitment ranges may result in modest reductions in the use of resources but should substantially improve the transparency of decisions and the data collected and available for future analysis.
The new State Parole Recommitment Ranges generally reflect current recommitment practices. Therefore, no substantial change in resource utilization is anticipated.
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 311. STATE PAROLE RECOMMITMENT RANGES Sec.
311.1. Preliminary provisions. 311.2. Parole violator recommitment range standards. 311.3. Procedure for determining parole violator recommitment range. 311.4. Technical parole violator recommitment ranges. 311.5. Convicted parole violator recommitment ranges. 311.6. Parole violator tables. § 311.1. Preliminary provisions.
(a) Authorization.
(1) As authorized by 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by 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, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
''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 maximum term is the sum of the consecutive maximum terms.
''At liberty on parole.'' The period of conditional liberty and freedom from confinement on a particular sentence that a [parolee] paroled person enjoys during which time the [parolee] person is in compliance with the terms and conditions of parole.
''Automatic reparole.'' An immediate release from a State correctional institution, contracted county jail, community corrections center, or community corrections facility based on the date stated on the Board action. Disciplinary infractions result in removal of automatic parole.
''Board.'' Pennsylvania Parole Board [(PB)]. An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms. The Board has the responsibility to parole, recommit for violations of parole, and to discharge from parole [offenders] persons sentenced to [two years or more] confinement in a State facility.
CCC—community corrections center. A residential facility operated and staffed by the Department of Corrections, Bureau of Community Corrections, to provide supportive, transitional, and accountable reentry by positively influencing individual behavior through professional interactions.
CCF—community corrections facility or community contracted facility. A residential facility contracted by the Department and operated by a private or public entity to provide supportive, transitional, and accountable reentry by positively influencing individual behavior through professional interactions.
CCJ—contracted county jail. Secure county facilities contracted by the Department for confinement of convicted persons.
''Commission.'' Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt guidelines for parole and recommitment ranges following revocation of parole to be considered by the Board.
''Concurrent sentence.'' Sentences imposed to be served simultaneously or at the same time.
''Consecutive sentence.'' Sentences imposed to be served one after another. [State law requires that consecutive sentences be aggregated into one sentence structure with one minimum and one maximum sentence] As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 42 Pa.C.S. § 9762(f) (relating to sentencing proceeding; place of confinement), consecutive confinement sentences shall be aggregated into a single sentence with one minimum term and one maximum term.
''Constructive parole.'' A grant of parole when an inmate is released from one sentence but remains confined while serving another sentence, rather than being released from confinement.
''Convicted parole violator.'' [Parolee] A paroled person 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] person is convicted or found guilty by a judge or jury or to which the [parolee] person pleads guilty or nolo contendere, as provided in 61 Pa.C.S. § 6138(a)(1) and (1.1) (relating to violation of terms of parole).
''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 violation. Commission of a new offense during the period of parole resulting in a conviction, as provided in 61 Pa.C.S. § 6138(a)(1) and (1.1), whether or not judgement of sentence has been imposed. Violations including both technical and conviction violation are considered conviction violations. Also see direct violation.
Correctional facilities. Secure facilities operated or contracted by the Department including SCI and CCJ.
''Court.'' Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
Cox hearing. An evidentiary hearing to determine if a paroled person's stay at a CCC/CCF is the equivalence of incarceration.
''Department.'' Pennsylvania Department of Corrections. An executive branch agency responsible for operating the state prison system and providing parole supervision of reentrants. Facilities included in statute for recommitment are CCC, CCF, PVC, and SCI.
[PVC—parole violator centers. Secure facilities operated or contracted by the Department to address violation behavior, which may be located at correctional facilities or group facilities. A CCC or CCF may be used for technical parole violators to provide immediate treatment and programming to address violation behavior using a Community Based Life Skills (CBLS) program. Participation is for a maximum period of six months with automatic reparole. An SCI or CCJ may be used for technical parole violators who are not eligible to be placed in a CCC or CCF to receive the treatment and programming otherwise provided in a CCC or CCF.
Correctional facilities. Secure facilities operated or contracted by the Department, including SCI and CCJ.
CCJ—contracted county jail. Secure county facilities contracted by the Department for confinement of offenders.SCI—State correctional institution. Secure facilities maintained by the Department for confinement of offenders, classified into four security levels: minimum, medium, close, and maximum; and including special facilities for diagnostics and classification, substance abuse treatment, psychiatric care and treatment, capital case inmates, and a motivational boot camp.Group facilities. Residential facilities operated or contracted by the Department, including CCC and CCF.
CCC—community corrections center. A residential facility operated and staffed by the Department of Corrections, Bureau of Community Corrections, to provide supportive, transitional, and accountable reentry by positively influencing individual behavior through professional interactions.CCF—community corrections facility or community contracted facility. A residential facility contracted by the Department and operated by a private or public entity to provide supportive, transitional, and accountable reentry by positively influencing individual behavior through professional interactions.]''Detainer.'' A written order of the Department to hold a person in custody in a correctional institution pending further legal action.
Detention hearing. A first-level, probable cause hearing to determine whether there is probable cause that a paroled person should be detained or returned pending disposition of a new criminal charge.
''Direct violation.'' Commission of a new offense during the period of parole resulting in a conviction, as provided in 61 Pa.C.S. § 6138(a)(1) and (1.1), whether or not judgement of sentence has been imposed. Also see conviction violation.
Group facilities. Residential facilities operated or contracted by the Department, including CCC and CCF.
''Hearing examiner.'' An agent of the 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 Board.
''Hearing.'' Includes Cox hearing, detention hearing, preliminary hearing, rescission hearing, revocation hearing and violation hearing.
[Cox hearing. An evidentiary hearing to determine if a parolee's stay at a CCC/CCF is the equivalence of incarceration.Detention hearing. A first-level, probable cause hearing to determine whether there is probable cause that a parolee should be detained or returned pending disposition of a new criminal charge.Preliminary hearing. A first-level, probable cause hearing to determine whether there is probable cause to believe that a parolee has committed a violation of a condition of parole.Rescission hearing. A hearing to decide whether there is good cause for rescinding parole.Revocation hearing. A second-level, fact-finding hearing held by the Board to determine whether a parolee violated the terms and conditions of parole and, if so, should be recommitted as a convicted parole violator.Violation hearing. A second-level, fact-finding hearing held by the Board to determine whether a parolee violated the terms and conditions of parole and, if so, should be recommitted as a technical violator.]''Indirect violation.'' A violation of parole by a breach of the terms and conditions of parole other than the commission of a new criminal offense of which the [offender] paroled person is found guilty or pleads guilty or nolo contendere. Also see technical violation.
''Judicial proceeding.'' A sentencing hearing in which all offenses for which [the offender] a person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple dockets and OTNs.
''NV—non-violent offender.'' [An offender] A paroled person who is not currently nor was previously convicted of a violent offense, used to determine the parole guidelines and the seriousness of the initial conviction offense for a conviction violation. Also see 204 Pa. Code Chapter 309 (relating to parole guidelines).
''OGS—offense gravity score.'' An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense, which is used to determine the sentencing level of a new conviction violation offense. Also see 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th edition).
''Order of service of sentence.'' As provided in 61 Pa.C.S. § 6138(a)(5) and (5.1), if a new sentence of confinement is imposed on a convicted parole violator, the service of the balance of the original sentence shall precede the commencement of the service of the new sentence imposed, if the person was paroled from an SCI and is sentenced to an SCI or by a foreign jurisdiction, or the person was paroled from a county jail and is sentenced to the same county jail or by a foreign jurisdiction. Otherwise, the service of the new confinement sentence shall precede the service of the recommitment on the original sentence.
''Original sentence.'' The sentence resulting from the original conviction. It is from this sentence the Board paroles the inmate and the [parolee] paroled person serves the remaining time on the street unless recommitted by the Board.
''Panel.'' A two-member unit of the 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 confinement of an inmate from a correctional facility, to serve the remainder of the unserved balance of the maximum term in the community under supervision, as long as the [parolee] paroled person satisfactorily complies with all terms and conditions provided in the parole order. There is no right to parole in this Commonwealth.
''Parole decision.'' A decision by the Board to grant parole or refuse to grant parole.
''Parole violation.'' A finding following a hearing that the [offender] paroled person failed to comply with terms and conditions of parole.
[Conviction violation. Commission of a new offense during the period of parole resulting in a conviction, as provided in 61 Pa.C.S. § 6138(a)(1) and (1.1), whether or not judgement of sentence has been imposed. Violations including both technical and conviction violation are considered conviction violations. Also see direct violation.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. Also see technical parole violation. Also see indirect violation.]''Parole violator.'' [An offender] A person under parole supervision in the community who commits a technical violation or conviction violation. Also see convicted parole violator and technical parole violator.
PVC—parole violator centers. Secure facilities operated or contracted by the Department to address violation behavior, which may be located at correctional facilities or group facilities. A CCC or CCF may be used for technical parole violators to provide immediate treatment and programming to address violation behavior using a Community Based Life Skills program. Participation is for a maximum period of six months with automatic reparole. An SCI or CCJ may be used for technical parole violators who are not eligible to be placed in a CCC or CCF to recieve the treatment and programming otherwise provided in a CCC or CCF.
Preliminary hearing. A first-level, probable cause hearing to determine whether there is probable cause to believe that a paroled person has committed a violation of a condition of parole.
''Recommitment range.'' A recommended range of time for which a parole violator may be recommitted, to serve all or part of the unserved balance of the sentence for which the [offender] person was paroled, based on the seriousness of the initial conviction, the seriousness of the violation, and the rehabilitative needs of the [offender] person.
''Rescission.'' The revocation of a grant of parole based upon an inmate's conduct occurring prior to release on parole which conduct is unknown to the Board at the time parole was granted.
Rescission hearing. A hearing to decide whether there is good cause for rescinding parole.
''Revocation.'' A decision to revoke parole and to recommit [an offender] a paroled person after a revocation or violation hearing.
Revocation hearing. A second-level, fact-finding hearing held by the Board to determine whether a paroled person violated the terms and conditions of parole and, if so, should be recommitted as a convicted parole violator.
SCI—State correctional institution. Secure facilities maintained by the Department for confinement of convicted persons, classified into four security levels: minimum, medium, close, and maximum; and including special facilities for diagnostics and classification, substance abuse treatment, psychiatric care and treatment, capital case inmates, and a motivational boot camp.
''[SGS Web—s]Sentencing guidelines [software web] application.'' A JNET web-based application developed and operated by the Commission [which includes the modules for sentencing, resentencing, and parole guidelines] and required to be used for the preparation of sentencing guidelines, sentence risk assessment instruments, and resentencing guidelines, and for the electronic reporting of all required information to the Commission. [SGS Web is the sentencing guidelines application used to prepare guidelines and report sentences during the initial implementation of the 8th Edition Sentencing Guidelines serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences].
''Sentencing level.'' A category of offense gravity scores, [determined by] provided in the 8th Edition [s]Sentencing [g]Guidelines, which is used to determine the recommitment ranges of a new conviction violation offense. Also see 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th edition).
''Technical parole violator.'' [Parolee] A paroled person 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] person is convicted or found guilty by a judge or jury or to which the [parolee] person pleads guilty or nolo contendere, as provided in 61 Pa.C.S. § 6138(c).
Technical violation. Failure to comply with the terms and conditions of parole, other than by the commission of a new offense of which the paroled person is convicted. Also see technical parole violation. Also see indirect violation.
''Unexpired term.'' The period of time the person has remaining on the unserved portion of the person's original sentence.
''V—violent offender.'' A designation used in the parole guidelines, based on a current or previous conviction for an offense identified in 42 Pa.C.S. §§ 9714(g), 9718.1 and 9799.14 (relating to sentences for second and subsequent offenses; sexual offender treatment; and sexual offenses and tier system), or for an offense otherwise designated by the Board as a violent offense. Also see 204 Pa. Code Chapter 309 (relating to parole guidelines).
Violation hearing. A second-level, fact-finding hearing held by the Board to determine whether a paroled person violated the terms and conditions of parole and, if so should be recommitted as a technical parole violator.
§ 311.2. Parole violator recommitment range standards.
(a) The Board shall consider recommitment ranges in determining the recommitment time recommended for technical and convicted parole violators.
(b) In every case in which the 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 of commission).
(c) The recommitment ranges apply to revocations of parole when recommitment is ordered by the Board.
(d) The recommitment ranges shall apply to all State parole violation hearings initiated on or after January 1, 2024. Amendments to the recommitment ranges shall apply to all State parole violation hearings initiated on or after the effective date of the amendment to the recommitment ranges.
(e) Unless otherwise provided by the Commission, the [SGS Web] sentencing guidelines application shall be used by the Board to do the following:
(1) Provide required information on the violation used to determine the recommended recommitment range.
(2) Provide details on the recommitment order, including the type of facility (i.e., correctional facility, group facility and/or parole violator center) and the duration of the recommitment.
(3) Report the date of recommitment and date of eligibility for re-parole or automatic [release] reparole.
(4) Attach a copy of the completed State Parole Guidelines Form, as provided in § 309.5 (relating to State Parole Guidelines Form), used to report the grant of parole.
§ 311.3. Procedure for determining parole violator recommitment range.
(a) For each parole recommitment of [an offender] a paroled person under the jurisdiction of the Board, the procedure for determining the recommended recommitment range is as follows:
(1) Determine if the [offender] paroled person is a technical parole violator or a convicted parole violator:
(i) A technical parole violator is a [parolee] paroled person under the jurisdiction of the Board who violates the terms and conditions of parole, other than by the commission of a new crime of which the [parolee] person is convicted or found guilty by a judge or jury or to which the [parolee] person pleads guilty or nolo contendere, as provided in 61 Pa.C.S. § 6138(c) (relating violation of terms of parole).
(ii) A convicted parole violator is a [parolee] paroled person 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] person is convicted or found guilty by a judge or jury or to which the [parolee] person pleads guilty or nolo contendere, as provided in 61 Pa.C.S. § 6138(a).
(2) Consider the recommitment ranges as follows:
(i) For a technical parole violator, consider the recommendations provided in § 311.6(a) (relating to table 1—technical parole violator recommitment ranges) in Table 1, based on the following:
(A) Determine if the [offender] paroled person is a violent offender, as provided in the parole guidelines, based on a current or previous conviction for an offense identified in 42 Pa.C.S. §§ 9714(g), 9718.1 and 9799.14 (relating to sentences for second and subsequent offenses; sexual offender treatment; and sexual offenses and tier system), or for an offense otherwise designated by the Board as a violent offense.
(B) Determine if the [offender] paroled person is being recommitted to a correctional facility, as provided in 61 Pa.C.S. § 6138(d), or to a group facility or parole violator center, as provided in 61 Pa.C.S. § 6138(e), and the number of recommitments to a correctional facility.
(C) Determine if any disciplinary infractions provided in 61 Pa.C.S. § 6138(d)(5) or (e)(3) apply to the [offender] paroled person.
(D) Identify the recommended recommitment range.
(ii) For a convicted parole violator, consider the recommendations provided in § 311.6(b) (relating to table 2—convicted parole violator recommitment ranges) in Table 2, based on the following:
(A) Determine if the [offender] paroled person is a violent offender, as provided in the parole guidelines based on a current or previous conviction for an offense identified in 42 Pa.C.S. §§ 9714(g), 9718.1 and 9799.14, or for an offense otherwise designated by the Board as a violent offense.
(B) Determine the offense gravity score and the corresponding sentencing level of the most serious new conviction offense.
(C) Identify the recommended recommitment range.
(b) Consider any aggravating and mitigating circumstances, including progress on parole prior to revocation and the rehabilitative needs of the [offender] paroled person, when determining the duration of recommitment and prescribed treatment and programming.
(c) Determine the recommitment period, and report the decision, reasons for deviation, and other required information to the Commission, as provided in § 311.2 (relating to parole violator recommitment range standards).
§ 311.4. Technical parole violator recommitment ranges.
(a) General provisions.
(1) Recommitment ranges shall be considered by the Board when a [parolee] paroled person violates a general or specific condition of parole and the Board orders recommitment as a technical parole violator after the necessary violation hearing(s).
(2) The Board shall determine if any of the following specified violation conditions, as provided in 61 Pa.C.S. § 6138(c)(1.3) (relating to violation of terms of parole), are present:
(i) Violation 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] The paroled person 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] the paroled person 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] paroled person cannot be safely diverted.
(3) As provided in 61 Pa.C.S. § 6138(c)(1), unless the Board determines a specified violation condition is present, a technical parole violator shall be committed to a group facility or [secured facility] parole violator center, and the following shall apply:
(i) The Board shall consider the applicable recommitment ranges described in subsection (b).
(ii) Except as provided in subparagraph (iii), a technical parole violator shall be recommitted, as provided in 61 Pa.C.S. § 6138(e), for a maximum period of six months, after which the [offender] person shall automatically be reparoled without further action by the Board.
(iii) The maximum period of recommitment and automatic reparole shall not be applicable to [an offender] a paroled person if any of the following apply:
(A) Commits a disciplinary infraction involving assaultive behavior, sexual assault, a weapon, or a controlled substance.
(B) Spends more than 61 days in segregated housing due to one or more disciplinary infractions.
(C) Refuses programming or a work assignment.
(D) Is not in compliance with all legal requirements applicable to the [offender] paroled person, including but not limited to, maintaining registration in any applicable sex offender registry.
(4) As provided in 61 Pa.C.S. § 6138(c)(1.3), when the Board determines that one or more specified violation conditions are present, a technical parole violator shall be committed to a correctional facility, and the following shall apply:
(i) The Board shall consider the applicable recommitment ranges described in subsection (b).
(ii) Except as provided in subparagraph (iii), a technical parole violator shall be recommitted, as provided in 61 Pa.C.S. § 6138(d), for a maximum period as described below, after which the [offender] person shall automatically be reparoled without further action by the Board:
(A) For the first recommitment, a technical parole violator shall serve not more than six months.
(B) For the second recommitment for the same sentence, a technical parole violator shall serve not more than nine months.
(C) For the third and subsequent recommitment for the same sentence, a technical parole violator shall serve not more than one year.
(iii) The maximum period of recommitment and automatic reparole shall not be applicable to [an offender] a paroled person if any of the following apply:
(A) Committed a disciplinary infraction involving assaultive behavior, sexual assault, a weapon, or a controlled substance.
(B) Spent more than 90 days in segregated housing due to one or more disciplinary infractions.
(C) Refused programming or a work assignment.
(b) Specific provisions.
(1) Technical violator recommitment ranges are to be considered by the Board in the exercise of its discretion, while accounting for the following factors:
(i) The seriousness of the initial conviction offense. Seriousness is based on the determination under the State parole guidelines whether the [offender] paroled person is designated as a violent offender or non-violent offender.
(ii) The type of facility to which the [offender] paroled person is being recommitted. Type of facility includes a correctional facility, as provided in 61 Pa.C.S. § 6138(d), and a group facility or parole violator center, as provided in 61 Pa.C.S. § 6138(e).
(iii) The number of recommitments for the same sentence. When recommitted to a correctional facility, the maximum period of a recommitment is determined by the number of recommitments, as provided in 61 Pa.C.S. § 6138(d)(3). For recommitment to a group facility or parole violator center, the maximum period is six months, notwithstanding the number of recommitments for the same sentence, as provided in 61 Pa.C.S. § 6138(e)(2).
(iv) Any disciplinary infractions committed by the [offender] paroled person. The time limits and automatic reparole provided in statute are not applicable in the case of [an offender] a person who commits certain disciplinary infractions, and separate recommitment recommendations are provided. The types of disciplinary infractions in a correctional facility are provided in 61 Pa.C.S. § 6138(d)(5); the types of disciplinary infractions in a group facility or parole violator center are provided in 61 Pa.C.S. § 6138(e)(3).
(v) The time required to receive treatment and programming to meet the rehabilitative needs of the [offender] paroled person. The corrective programming required to address the needs of the [offender] paroled person associated with the recommitment, which begins after a hearing or waiver of a hearing, may require a recommitment period shorter or longer than the recommended recommitment range.
(2) The technical parole violator recommitment ranges, as described below, are provided in § 311.6(a) (relating to table 1—technical parole violator recommitment ranges) in Table 1.
(i) When applied to [offenders] persons recommitted to group facilities or parole violator centers:
(A) The recommended recommitment range for a non-violent offender placed in a group facility or parole violator center, except for those with disciplinary infractions, is a [maximum] range of time served to six months. Reparole is automatic without further action by the Board.
(B) The recommended recommitment range for a violent offender placed in a group facility or parole violator center, except for those with disciplinary infractions, is a [maximum] range of three months to [nine] six months. Reparole is automatic without further action by the Board.
(C) The recommended recommitment range for [an offender] a person placed in a group facility or parole violator center with disciplinary infractions is a maximum of 12 months. Reparole requires action by the Board.
(ii) When applied to [offenders] persons recommitted to correctional facilities:
(A) The recommended recommitment range for a non-violent offender placed in a correctional facility, except for those with disciplinary infractions, for a first violation is a [maximum] range of time served to six months; for a second violation a [maximum] range of time served to nine months; and for a third or subsequent violation is a [maximum] range of time served to 12 months. Reparole is automatic without further action by the Board.
(B) The recommended recommitment range for a violent offender placed in a correctional facility, except for those with disciplinary infractions, for a first violation is a range of three to six months; for a second violation a range of six to nine months; and for a third or subsequent violation is a range of nine to 12 months. Reparole is automatic without further action by the Board.
(C) The recommended recommitment range for [an offender] a person with disciplinary infractions placed in a correctional facility is a maximum of 12 months for a first violation; a maximum of 18 months for a second violation; and a maximum of 24 months for a third or subsequent violation. Reparole requires action by the Board.
(3) Determine the recommitment period and provide reasons if a deviation from the recommitment ranges.
§ 311.5. Convicted parole violator recommitment ranges.
(a) General provisions.
(1) Recommitment ranges shall be considered by the Board when a [parolee] paroled person is convicted of a new offense committed while on parole and the Board orders recommitment as a convicted parole violator after the necessary violation hearing(s).
(2) As provided in 61 Pa.C.S. § 6138(a) (relating to violation of terms of parole), the Board may, at its discretion, revoke the parole of [an offender] a paroled person convicted of a crime committed while on parole, and including certain enumerated summary offenses.
(i) If the [offender's] paroled person's parole is revoked, the [offender] person shall be recommitted to a correctional facility to serve the remainder of the term which the [offender] person would have been compelled to serve had the parole not been granted, and the Board shall determine whether any credit shall be granted for time at liberty on parole.
(ii) The Board may, in its discretion, reparole a convicted parole violator whenever the best interests of the [offender] person justify or require the [offender] person's release on parole and it does not appear that the interests of the Commonwealth will be injured.
(iii) The period of time for which the [offender] paroled person is required to serve shall be computed by the Board.
(3) The Board shall consider the applicable recommitment ranges described in subsection (b).
(b) Specific provisions.
(1) Convicted violator recommitment ranges are to be considered by the Board in the exercise of its discretion, while accounting for the following factors:
(i) The seriousness of the initial conviction offense. Seriousness is based on the determination under the State parole guidelines whether the [offender] person is designated as a violent offender or non-violent offender.
(ii) The level of seriousness of the new conviction offense. The seriousness of the new conviction offense is determined by identifying the highest OGS assignment under the [Pennsylvania] 8th Edition Sentencing Guidelines of all new conviction offenses, and then determining the corresponding sentencing level for that offense. For out-of-State convictions, the current equivalent [Pennsylvania] offense under the 8th Edition Sentencing Guidelines applies. Summary offenses are assigned the lowest offense gravity score (OGS 1) and the corresponding sentencing level (Level A). Murder of the first degree and murder of the second degree are assigned the highest offense gravity scores [(Murder 1 A/B/C, Murder 2 A/B/C)] (OGS H-1 through OGS H-6) and the corresponding sentencing level (Level H).
(iii) The time required to receive treatment and programming to meet the rehabilitative needs of the [offender] paroled person. The corrective programming required to address the needs of the [offender] paroled person associated with the recommitment, which begins after a hearing or waiver of a hearing, may require a recommitment period shorter or longer than the recommended recommitment range.
(2) The convicted parole violator recommitment ranges, as described below, are provided in § 311.6(b) (relating to table 2—convicted parole violator recommitment ranges) in Table 2.
(i) The recommended recommitment range for a non-violent offender placed in a correctional facility shall be:
(A) When the most serious new conviction offense is Level A (OGS 1—OGS 3), a range of one to six months.
(B) When the most serious new conviction offense is Level B (OGS 4—OGS 7), a range of six to 12 months.
(C) When the most serious new conviction offense is Level C (OGS 8—OGS 12), a range of 12 to 18 months.
(D) When the most serious new conviction offense is Level D (OGS 13—OGS 16), a range of 18 to 30 months.
(E) When the most serious new conviction offense is Level E (OGS 17—OGS 26), a range of 24 to 36 months.
(F) When the most serious new conviction offense is Level F (OGS 27—OGS 30), a range of 48 months to the unserved balance of the sentence from which the [offender] person was paroled.
(G) When the most serious new conviction offense is Level G (OGS G-1[-] and OGS G-2), a range of 48 months to the unserved balance of the sentence from which the [offender] person was paroled.
(H) When the most serious new conviction offense is Level H (OGS H-1—OGS H-6), the range is limited to the unserved balance of the sentence from which the [offender] person was paroled.
(ii) The recommended recommitment range for a violent offender placed in a correctional facility shall be:
(A) When the most serious new conviction offense is Level A (OGS 1—OGS 3), a range of one to six months.
(B) When the most serious new conviction offense is Level B (OGS 4—OGS 7), a range of six to 12 months.
(C) When the most serious new conviction offense is Level C (OGS 8—OGS 12), a range of 12 to 18 months.
(D) When the most serious new conviction offense is Level D (OGS 13—OGS 16), a range of 24 to 36 months.
(E) When the most serious new conviction offense is Level E (OGS 17—OGS 26), a range of 36 to 48 months.
(F) When the most serious new conviction offense is Level F (OGS 27—OGS 30), a range of 60 months to the unserved balance of the sentence from which the [offender] person was paroled.
(G) When the most serious new conviction offense is Level G (OGS G-1[-] and OGS G-2), a range of 60 months to the unserved balance of the sentence from which the [offender] person was paroled.
(H) When the most serious new conviction offense is Level H (OGS H-1—OGS H-6), the range is limited to the unserved balance of the sentence from which the [offender] person was paroled.
(iii) When the Board determines that one or more aggravating circumstances are present, the Board may consider a recommitment period:
(A) For Level A (OGS 1—OGS 3), up to three months longer than the upper limit of the recommitment range.
(B) For Level B (OGS 4—OGS 7), up to six months longer than the upper limit of the recommitment range.
(C) For Level C (OGS 8—OGS 12), up to six months longer than the upper limit of the recommitment range.
(D) For Level D (OGS 13—OGS 16), up to 12 months longer than the upper limit of the recommitment range.
(E) For Level E (OGS 17—OGS 26), up to 12 months longer than the upper limit of the recommitment range.
(iv) When the Board determines that one or more mitigating circumstances are present, the Board may consider a recommitment period:
(A) For Level B (OGS 4—OGS 7), up to six months shorter than the lower limit of the recommitment range.
(B) For Level C (OGS 8—OGS 12), up to six months shorter than the lower limit of the recommitment range.
(C) For Level D (OGS 13—OGS 16), up to 12 months shorter than the lower limit of the recommitment range.
(D) For Level E (OGS 17—OGS 26), up to 12 months shorter than the lower limit of the recommitment range.
(E) For Level F (OGS 27—OGS 30), up to 24 months shorter than the lower limit of the recommitment range.
(F) For Level G (OGS G-1[-] and OGS G-2), up to 24 months shorter than the lower limit of the recommitment range.
(3) Determine the recommitment period and provide reasons if an aggravated or mitigated duration or deviation from the recommitment ranges.
§ 311.6. Parole violator tables.
(a) Table 1—Technical parole violator recommitment ranges.
Correctional
Facility
RecommitmentsNon-violent (NV)
recommitment rangeViolent (V)
recommitment rangeDisciplinary
Infractions
61 Pa.C.S. § 6138(d)(5)
61 Pa.C.S. § 6138(e)(3)1st violation TS—6 months [maximum] 3—6 months 12 months maximum 2nd violation TS—9 months [maximum] 6—9 months 18 months maximum 3rd/subseq. violation TS—12 months [maximum] 9—12 months 24 months maximum CCC/CCF/PVC Recommitments [3] TS—6 months [maximum] 3—6 months [maximum] 12 months maximum TS = time served
(b) Table 2—Convicted parole violator recommitment ranges.
Sentencing Level New Conviction Non-violent (NV)
recommitment rangeViolent (V)
recommitment rangeAgg/Mit A OGS 1—OGS 3 1—6 months 1—6 months + 3 B OGS 4—OGS 7 6—12 months 6—12 months +/− 6 C OGS 8—OGS 12 12—18 months 12—18 months +/− 6 D OGS 13—OGS 16 18—30 months 24—36 months +/− 12 E OGS 17—OGS 26 24—36 months 36—48 months +/− 12 F OGS 27—OGS 30 N/A 60—unserved balance − 24 G OGS G-1[-] and OGS G-2 N/A 60—unserved balance − 24 H OGS H-1—OGS H-6 N/A Maximum/unserved balance N/A N/A = not applicable
[Pa.B. Doc. No. 23-1172. Filed for public inspection August 25, 2023, 9:00 a.m.]
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