§ 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 paroled person enjoys during which time the 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. 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 persons sentenced to 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. 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.’’ 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 person is convicted or found guilty by a judge or jury or to which the 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, 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.
‘‘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.
‘‘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 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 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.’’ 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 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 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 paroled person failed to comply with terms and conditions of parole.
‘‘Parole violator.’’ 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 receive 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 person was paroled, based on the seriousness of the initial conviction, the seriousness of the violation, and the rehabilitative needs of the 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 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.
‘‘Sentencing guidelines application.’’ A JNET web-based application developed and operated by the Commission 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.
‘‘Sentencing level.’’ A category of offense gravity scores, provided in the 8th Edition Sentencing 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.’’ A 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 person is convicted or found guilty by a judge or jury or to which the 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.
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