§ 309.3. Procedures for determining state parole guidelines.
(a) The State Parole Guidelines consider two categories of factors to determine the parole recommendation: parole risk category and parole preparedness category.
(1) Parole Risk Category.
(i) Risk score. The LSI-R score is calculated prior to the interview, and the score is used to determine the risk level.
(ii) Risk Level. The LSI-R score is divided into three levels:
(A) High Risk (scores 34 and greater)
(B) Medium Risk (scores of 20 to 33)
(C) Low Risk (scores 19 and less)
(2) Parole Preparedness Category.
(i) Pre-Interview Factors. The pre-interview factors are determined based on a review of Department of Corrections records and scored as a ‘‘1’’ or a ‘‘0,’’ with 1 being successful or positive.
(A) Factors directly related to the offender’s behavior and compliance:
(I) Enrollment in and/or completion of required programs.
(II) Misconduct free for the past 12 months.
(III) Free of criminal or assaultive misconducts for the past 12 months.
(IV) One or no prior probation or parole revocations.
(V) Free of alcohol or drug dependence.
(VI) Compliance with all prescribed medications.
(B) Factor related to the recommendation of the Department of Corrections.
(ii) Interview Factors. The interview preparedness factors are based on the professional judgement of the decision maker(s) following a parole interview and scored as a ‘‘1’’ or a ‘‘0,’’ with 1 being positive or successful.
(A) Factors related to progress and commitment to rehabilitation:
(I) Motivation for success or progress in rehabilitation, treatment, or education.
(II) Acceptance of responsibility.
(III) Insight and positive response to address criminal behavior.
(B) Stable release plan (community and/or family support).
(iii) Preparedness Level. The preparedness score is the total of the pre-interview and interview factors and is divided into three levels:
(A) Low preparedness: Score 0 to 7.
(B) Medium preparedness: Score 8 to 9.
(C) High preparedness: Score 10 to 11.
(b) The State Parole Guidelines recommendations are based on the combination of the risk level and preparedness level and include consideration of whether the individual is classified as violent or non-violent. These recommendations are contained in two matrices and found at § 309.4(a) (relating to State Parole Guidelines Matrix (Violent)) and § 309.4(b) (relating to State Parole Guidelines Matrix (Non-Violent)).
(c) Deviations from the Guidelines. The State Parole Guidelines are advisory. The Board must consider the guidelines but may exercise discretion in deviating from the recommendation.
(1) Reasons for deviations from the State Parole Guidelines shall be provided on the State Parole Guidelines Form and reported to the Pennsylvania Commission on Sentencing (Commission).
(2) Reasons for deviation from the State Parole Guidelines may include but are not limited to the following:
(i) Mental health or medication compliance.
(ii) An inmate’s negative interest in parole.
(iii) Judicial input.
(iv) Prosecution and public safety input.
(v) Outstanding detainer.
(vi) Maximum sentence date is less than one year from interview date.
(3) Additional information. The following information shall be provided on the State Parole Guidelines Form and reported to the Commission:
(i) If parole is granted, condition(s) of parole ordered but not required by statute or recommended by a validated risk assessment case management plan.
(ii) If parole is denied, reason(s) a review is scheduled more than one year from the date of the parole decision.
(d) Additional Applications.
(1) The State Parole Guidelines must be considered in all cases for which the Board is authorized to exercise discretionary parole, including all initial and subsequent parole decisions.
(2) For individuals recommitted as parole violators, the State Parole Guidelines must be considered prior to reparole.
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