61 PA Cons Stat § 6137 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 61 - PRISONS AND PAROLE|Chapter 61 - Pennsylvania Board of Probation and Parole|Section 6137 - Parole power

§ 6137. Parole power. (a) General criteria for parole.-- (1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) or subject to section 6137.1 (relating to short sentence parole) and such information developed by or furnished to the board under section 6174 (relating to right of access to offenders), or both, and may release on parole any offender to whom the power to parole is granted to the board by this chapter, except an offender condemned to death or serving life imprisonment, whenever in its opinion:  (i) The best interests of the offender justify or require that the offender be paroled. (ii) It does not appear that the interests of the Commonwealth will be injured by the offender's parole.  (2) Parole shall be subject in every instance to the Commonwealth's right to immediately retake and hold in custody without further proceedings any offender charged after his parole with an additional offense until a determination can be made whether to continue his parole status.  (3) The power to parole granted under this section to the board may not be exercised in the board's discretion at any time before, but only after, the expiration of the minimum term of imprisonment fixed by the court in its sentence or by the Board of Pardons in a sentence which has been reduced by commutation.  (3.1) (i) Following the expiration of the offender's minimum term of imprisonment, if the primary reason for not paroling the offender is the offender's inability to access and complete prescribed programming within the correctional institution, the board may release the offender on parole with the condition that the offender complete the prescribed programming while on parole.  (ii) This paragraph shall not apply to offenders who are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses) or for a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).  (iii) For those offenders to whom subparagraph (ii) is applicable, the board may release the offender on parole if the offender is subject to another jurisdiction's detainer, warrant or equivalent writ.  (4) Unless the offender has served at least one year in a community corrections center or community corrections facility, the board shall not act upon an application of an offender who is granted clemency by the Governor, is subject to parole supervision and:  (i) whose term of imprisonment was commuted from life to life on parole; (ii) who was serving a term of imprisonment for a crime of violence; or (iii) who is serving a sentence under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).  (5) Upon parole, an offender subject to paragraph (4) shall: (i) be subject to weekly supervision for the first six months of parole; and (ii) have any violations of a condition of parole immediately made known to the Board of Pardons. This subparagraph shall apply to all offenders under supervision by other jurisdictions under Subchapter B of Chapter 71 (relating to interstate compact for the supervision of adult offenders).  (b) Cases involving deviations from guidelines.--In each case in which the board deviates from the guidelines established under 42 Pa.C.S. § 2154.5, the board shall provide a contemporaneous written statement of the reason for the deviation from the guidelines to the commission as established under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties). The board may develop and use internal decisional instruments. This subsection shall not be construed to prevent the board from also developing forms or other documents, policies and procedures consistent with this chapter, including internal decisional instruments.  (c) Administrative parole.--(Deleted by amendment).  (d) Recidivism risk reduction incentive minimum.--The board shall have the power and its duty shall be to comply with the requirements of section 4506 (relating to recidivism risk reduction incentive minimum).  (d.1) Short sentence parole.--The board shall have the power and its duty shall be to comply with the requirements of section 6137.1 (relating to short sentence parole).  (e) Drug screening tests.-- (1) The department may not release an offender on parole unless the offender achieves a negative result within 45 days prior to the date of release in a screening test approved by the Department of Health for the detection of the presence of controlled substances or designer drugs under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.  (2) (Deleted by amendment). (3) Every offender who is released on parole who, prior to release, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, shall, without further action of the board, be subject to an ongoing condition that the offender achieve negative results in drug screening tests randomly applied.  (i) (Deleted by amendment). (ii) (Deleted by amendment). (iii) (Deleted by amendment). (4) For an offender who was not paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, the board may establish, as a condition of supervision, that the offender achieve negative results in drug screening tests randomly conducted. The offender shall be responsible for testing costs.  (f) Crimes of violence.--The board may not order the release of an offender on parole who is sentenced after February 19, 1999, and is serving a sentence for a crime of violence unless the offender has received instruction from the department on the impact of crime on victims and the community.  (g) Procedures for Recidivism Risk Reduction Incentive.-- (1) The department shall identify all offenders committed to the custody of the department that meet the definition of an eligible offender.  (2) Upon identification of an inmate as an eligible offender, as defined under section 4503 (relating to definitions), the department shall send notice to the board. The board shall send notice to the prosecuting attorney and the court no less than six months before the expiration of the offender's minimum sentence indicating that the department has preliminarily identified the offender as an eligible offender. The notice shall be sent by United States mail unless the board, the court and the prosecutor have consented to receipt of notice via electronic means. For offenders committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, the department shall give prompt notice.  (2.1) The department shall provide the board all information related to the offender's adjustment while incarcerated, misconducts, if any, information related to programming and treatment, including success, completion or failure to complete, or any other information the department deems relevant. The board shall send such information to the prosecuting attorney and to the court no less than six months before the expiration of the offender's minimum sentence. The notice may be sent electronically. For offenders committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, such information shall be sent at the same time prompt notice under paragraph (2) is given.  (3) Within 30 days of receipt of notice under paragraph (2), the court or prosecuting attorney may file with the board a written objection to the department's preliminary identification of the offender as an eligible offender. Notice of the objection shall be provided to the department and the board.  (4) If no notice of objection has been filed under paragraph (3), the eligible offender shall be paroled at the minimum date upon a determination by the board or the board's designee that all of the following apply:  (i) The department certified that the offender has maintained a good conduct record and continues to remain an eligible offender under section 4503.  (ii) The reentry plan for the offender is adequate. (iii) Individual conditions and requirements for parole have been established for the offender. (iv) There is no reasonable indication that the offender poses a risk to public safety. (5) If the court or prosecuting attorney files a timely objection under paragraph (3), the board shall make a determination as to whether the offender is an eligible offender. The board shall notify the department, prosecuting attorney and court of its determination no later than 30 days prior to the minimum parole date. If the board determines that the offender is an eligible offender under this chapter, the board shall follow the provisions under paragraph (4). If the board determines that the offender is not an eligible offender under section 4503 (relating to definitions), the board shall retain exclusive jurisdiction to grant parole and shall determine whether the offender should be paroled at the minimum date, paroled at a later date or denied parole.  (6) Nothing in this subsection shall be construed as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).  (7) Except as provided under this subsection, nothing in this chapter shall otherwise affect the powers and duties of the board or the department.  (h) Power to recommit.-- (1) The board may, during the period for which an offender shall have been sentenced, recommit the offender, if paroled, for violation of the terms and conditions of his parole and from time to time to reparole and recommit in the same manner and with the same procedure as in the case of an original parol or recommitment if, in the judgment of the board:  (i) There is a reasonable probability that the offender will be benefited by paroling the offender again.  (ii) It does not appear that the interests of the Commonwealth will be injured by paroling the offender again.  (2) In exercising these powers, the board shall consider any applicable recommitment ranges established by the commission under 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by board).  (i) Cases involving deviations from guidelines.--In each case in which the board deviates from the recommitment ranges established under 42 Pa.C.S. § 2154.6, the board shall provide a contemporaneous written statement of the reason for the deviation from the recommitment ranges to the commission, as established under 42 Pa.C.S. § 2153(a)(14).  (j) Notice to county probation department.--When the board releases an offender from a correctional facility, the board shall provide written notice to the probation department located in the county where the sentencing order was imposed of the release and new address of the offender.  (k) Definitions.--(Deleted by amendment).  (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115; June 30, 2021, P.L.260, No.59, eff. imd.)    Cross References. Section 6137 is referred to in sections 4506, 6113, 6137.1 of this title.