§ 311.3. Procedure for determining parole violator recommitment range.
(a) For each parole recommitment of a paroled person under the jurisdiction of the Board, the procedure for determining the recommended recommitment range is as follows:
(1) Determine if the paroled person is a technical parole violator or a convicted parole violator:
(i) A technical parole violator is 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) (relating violation of terms of parole).
(ii) A convicted parole violator is 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).
(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 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 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 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 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 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).
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