2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6171 - Powers and duties of department

§ 6171. Powers and duties of department.
(a) Powers and duties.--
The department shall have the following powers and duties:
(1) To first and foremost seek to protect the safety of the public, to supervise any offender released on parole by order of the board and to arrest, to detain in a department facility and to report to the board for a determination whether to revoke parole and recommit an offender who fails to comply with the conditions of supervision, including, but not limited to, the alleged commission of a new crime.
(2) To enforce the conditions of supervision established by the board as well as the power to impose and enforce additional conditions of supervision on an offender and the power to, with the consent of the board, amend or terminate mandatory conditions of suspension established by the board. Conditions not designated as mandatory by the board do not require consent of the board.
(3) The imposition, modification or termination of a condition of supervision must be based on the risk presented by and the rehabilitative needs of the offender and the impact the termination or modification will have on public safety.
(4) To supervise any offender placed on parole, when sentenced to a maximum period of less than two years, by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the department, in which case the parole case shall be known as a special case and the authority of the department with regard thereto shall be the same as provided in this chapter with regard to parole cases within one of the classifications set forth in this chapter.
(5) To furnish to the board no fewer than 90 days prior to a scheduled parole interview, or if such interview is scheduled to be held within fewer than 90 days, as quickly as possible after the department is informed of such interview, reports concerning the conduct of offenders under the department's supervision or in its custody together with any other facts deemed pertinent in aiding the board to determine whether such offenders shall be paroled.
(6) To pay the costs of preparole drug screening tests for offenders subject to the parole release jurisdiction of the board. The department shall establish rules and regulations for the payment of these costs and may limit the types and costs of these screening tests that would be subject to payment by the department.
(7) To determine when an offender, subject to random drug screening tests as a condition of supervision, shall be tested. The offender undergoing the tests shall be responsible for the costs of the tests. The money collected for the tests shall be applied against the contract for such testing.
(8) To supervise and make presentence investigations and reports as provided by law.
(9) To collect and maintain copies of all presentence investigations and reports.
(10) To collect, compile and publish statistical and other information relating to probation and parole work in all courts and such other information the department may deem of value in probation service.
(11) To establish, by regulation, uniform Statewide standards for:
(i) Presentence investigations.
(ii) The supervision of probationers.
(iii) The qualifications for probation personnel.
(iv) Minimum salaries.
(v) Quality of probation service.
(vi) The standards for the qualifications of probation personnel shall only apply to probation personnel appointed after the date the standards are established. Should any probation personnel appointed prior to the date the standards were established fail to meet the standards, the court having jurisdiction of such personnel may request the department to establish in-service training for them in accordance with the standards.
(12) To adopt regulations establishing criteria for department acceptance of cases for supervision and presentence investigations from counties that on December 31, 1985, maintained adult probation offices and parole systems.
(13) To enter into contracts for purchasing community services to assist parolees, supplement existing programs and provide for the continuous electronic monitoring of offenders.
(14) To establish and provide for intensive supervision units and day reporting centers for the supervision of offenders.
(15) To provide information as required under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties of commission) as requested by the commission.
(16) To incorporate evidence-based practices into the supervision of offenders.
(17) To coordinate the reentry of offenders into the community using evidence-based practices that are effective in reducing recidivism.
(18) To conduct research to identify, to be informed of and to apply recognized evidence-based parole supervision practices that promote public safety and reduce recidivism.
(19) To conduct outcome and performance analyses on implemented department programs and practices to enhance public safety through reduced recidivism.
(20) To administer administrative parole.
(21) To adopt regulations establishing specific composition, functions and responsibilities for citizens advisory committees and to receive reports, recommendations or other input concerning parole policies and parole-related concerns from the committees on a regular basis.
(22) Designate community corrections centers or community corrections facilities where parolees are to be housed.
(23) Determine whether parolees are to be housed in a secured or unsecured portion of a community corrections center or community corrections facility.
(b) Administrative parole.--
(1) An eligible offender shall be placed on administrative parole one year after release on parole and until the maximum sentence date if the department's supervision staff determines that there is no substantial information indicating dangerousness or that placement on administrative parole would compromise public safety or that continued supervision would otherwise benefit the offender and:
(i) the eligible offender has not violated the terms and conditions of the eligible offender's parole; or
(ii) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole.
(2) An eligible offender placed on administrative parole shall continue to be subject to recommitment at the board's discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date.
(3) An eligible offender placed on administrative parole shall do all of the following:
(i) Make supervision contact at least one time per year.
(ii) Provide updated contact information upon a change in residence or employment.
(iii) Continue to pay any restitution owed.
(iv) Comply with other requirements imposed by the department.
(c) Exception.--
Except in special cases, the powers and duties conferred under this section shall not extend to offenders confined in a county correctional facility under 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).
Cross References.
Section 6171 is referred to in section 6132 of this title.