§ 63.1. Granting of parole.
(a) The Board may grant paroles of its own motion under section 22 of the Pennsylvania Board of Probation and Parole Law (61 P. S. § 331.22).
(b) Applications for parole may be submitted to the Board under section 22 of the Pennsylvania Board of Probation and Parole Law (61 P. S. § 331.22).
(c) After review and consideration of each application, the Board will grant or deny approval to each applicant who is seeking parole.
(d) If the Board grants parole, notice of such action will be sent to the parolee, setting forth the effective date of parole. The date of parole may be postponed until a satisfactory plan is arranged for the parolee and approved by the Board.
Notes of Decisions Actions in Mandamus
The prisoner did not allege filing an application for parole with the Board of Probation and Parole; therefore, the prisoner established neither a right to a decision regarding parole nor a duty on the part of the Board to issue one. Since the prisoner failed to establish a clear right to relief or a clear duty on the part of the Board, the prisoner cannot maintain the mandamus action. Kelly v. Board of Probation and Parole, 686 A.2d 883 (Pa. Cmwlth. 1996).
Reasons for Decision
The Board’s regulations require that applications for parole are subject to section 22 of the act of August 6, 1941 (P. L. 861) (61 P. S. § 331.22), which requires the Board to provide its reasons for denying or granting parole. Since the Board did not do so, its demurrer to inmate’s mandamus petition is overruled. Boyd v. Ward, 802 A.2d 705 (Pa. Cmwlth. 2002), appeal denied 813 A.2d 844 (Pa. 2002).
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