§ 63.5. Special conditions of parole.
(a) Parolees shall comply with special conditions which are imposed by the Board or which are subsequently imposed by the parole agent.
(b) If problems arise or questions occur concerning the conditions of parole, the parolee shall consult with the parole agent, as it is the responsibility of the latter to help the parolee in the interpretation of the conditions of parole. If a parolee is unable to contact his parole agent, he should contact the agent in charge of the district parole office.
Notes of Decisions Credit
Participation in required inpatient drug and alcohol treatment program need not be credited against unexpired prison term of parole violator where program lacks custodial aspects which would be characteristic of confinement. Jackson v. Board of Probation and Parole, 568 A.2d 1004 (Pa. Cmwlth. 1990).
It is within the discretion of the Board, unless it acts arbitrarily or plainly abuses its discretion, to make a factual determination whether a drug rehabilitation program is equivalent to incarceration or whether the parolee is at liberty on parole. Cox v. Board of Probation and Parole, 493 A.2d 680 (Pa. 1985).
Where as a special condition of parole the parolee had entered and completed drug rehabilitation program, at a subsequent recommitment hearing the Board must make a factual determination and develop a record as to whether participation in such program constitutes ‘‘time at liberty on parole’’ for which no credit may be given under 61 P. S. § 331.21(a). Cox v. Board of Probation and Parole, 493 A.2d 680 (Pa. 1985); reversed 493 A.2d 680 (Pa. 1985).
Employment
Since fashioning of a condition over which parolee had no control would be abuse of authority, ‘‘must maintain employment’’ is interpreted to mean ‘‘must make a good faith effort to maintain employment.’’ Wagner v. Board of Probation and Parole, 498 A.2d 1007 (Pa. Cmwlth. 1985); reversed and remanded, 522 A.2d 155 (Pa. Cmwlth. 1987).
Technical Parole Violation
Failure to consult parole officer prior to leaving inpatient drug rehabilitation program without permission constituted a technical parole violation under this section. Englerth v. Board of Probation and Parole, 505 A.2d 647 (Pa. Cmwlth. 1986).
Understanding
Since it is the obligation of every parolee to become familiar with the terms and conditions of his parole, parolee’s misunderstanding of special conditions imposed by parole officer when granting travel permission was no excuse. Sigafoos v. Board of Probation and Parole, 503 A.2d 1076 (Pa. Cmwlth. 1986).
Cross References This section cited in 37 Pa. Code § 67.1 (relating to general requirements).
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