61 PA Cons Stat § 6137.1 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 61 - PRISONS AND PAROLE|Chapter 61 - Pennsylvania Board of Probation and Parole|Section 6137.1 - Short sentence parole

§ 6137.1. Short sentence parole. (a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of two years or less or a recidivism risk reduction incentive minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or less, whichever is shorter. Regardless of sentence imposed, this section does not apply to:  (1) persons committed for or with an aggregate sentence containing a personal injury crime, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a personal injury crime as defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act;  (1.1) persons committed for or with an aggregate sentence containing a crime of violence, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses);  (2) persons committed for or with an aggregate sentence containing an offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense;  (3) persons committed for or with an aggregate sentence containing an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or where the attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;  (4) persons committed for or with an aggregate sentence containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense:  18 Pa.C.S. § 4302(a) (relating to incest). 18 Pa.C.S. § 5901 (relating to open lewdness). 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child pornography). A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).  An offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).  An offense listed under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued registration of sexual offenders).  (5) persons committed for or with an aggregate sentence containing an offense of drug trafficking as defined in section 4103 (relating to definitions) or a criminal attempt, criminal solicitation or criminal conspiracy to commit drug trafficking as defined in section 4103;  (6) persons awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the person to become ineligible under this subsection;  (7) persons who are currently serving a sentence to State prison and have been denied parole on that sentence;  (8) persons convicted of any criminal offense committed while incarcerated; or (9) any person who the board, in its discretion, determines should be excluded from this section because:  (i) there exists an identifiable threat to public safety; or (ii) inclusion substantially jeopardizes the rehabilitative needs of the person. (b) Approval of parole.--The board shall, without requiring an interview, approve for parole a person eligible for short sentence parole under this section at the expiration of the person's minimum date or recidivism risk reduction incentive minimum date, whichever is shorter. If the person was committed to the department after expiration of the person's minimum date, the board shall approve the person for parole within 30 days after commitment to the department.  (b.1) Misconduct.--Notwithstanding subsection (b), a person shall not be eligible for short sentence parole under this section if the person has:  (1) been found guilty of a major disciplinary infraction while confined in a county correctional institution or State correctional institution; or  (2) a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an underlying felony charge.  (c) Nonapplicability.--The requirements of sections 6135 (relating to investigation of circumstances of offense), 6137(a)(3.1), (e)(1), (f) and (g) (relating to parole power) and 6139 (relating to parole procedure) and section 1101(e) of the Crime Victims Act do not apply to paroles under this section.  (d) Assessment.--The department shall provide a risk-and-needs assessment to the board, and the board shall establish initial conditions of parole based on the assessment.  (e) Applicability.--This section shall only apply to persons sentenced after the effective date of this section.  (f) Reports.--The Pennsylvania Commission on Sentencing shall provide a report to the General Assembly on cost savings and recidivism attributed to this section as follows:  (1) No later than two years after the effective date of this section. (2) No later than two years after the report issued under paragraph (1). (g) Procedures.--The board shall adopt procedures to carry out this section.  (h) Definition.--As used in this section, the term "major disciplinary infraction" means the violation:  (1) was sexual in nature; (2) involved assaultive behavior or included a credible threat to cause bodily injury to another;  (3) involved possession or control of a weapon; or (4) involved escape or possessing implements of escape. (Dec. 18, 2019, P.L.776, No.115, eff. imd.)   2019 Amendment. Act 115 added section 6137.1. Section 26 of Act 115 provided that the addition of section 6137.1 shall not be interpreted to create a right to parole or a liberty interest. The Commonwealth and its agencies shall not be subject to suit for failure to grant parole under section 6137.1.  Cross References. Section 6137.1 is referred to in sections 4105, 6113, 6137, 6139 of this title; section 2153 of Title 42 (Judiciary and Judicial Procedure).