reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6102 - Operation of parole system generally

§ 6102. Operation of parole system generally.
The parole system shall operate consistently with the following provisions:
(1) The parole system provides several benefits to the criminal justice system, including the provision of adequate supervision of the offender while protecting the public, the opportunity for the offender to become a useful member of society and the diversion of appropriate offenders from prison.
(2) In providing these benefits to the criminal justice system, the board, the department and any other paroling entity shall first and foremost seek to protect the safety of the public.
(3) In addition to this goal, the board, the department and any other paroling entity shall address input by crime victims, assist in the fair administration of justice by ensuring the custody, control and treatment of paroled offenders, shall consider any applicable guidelines established by the commission and shall ensure that parole proceedings, release and recommitment are administered in an efficient and timely manner.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6111 - Pennsylvania Parole Board

§ 6111. Pennsylvania Parole Board.
(a) Establishment.--
The Pennsylvania Parole Board is established as an independent administrative board for the purpose of granting and revoking paroles to certain offenders within this Commonwealth. The board shall function independently of the department regarding all of the board's decision-making functions, as well as any other powers and duties specified in this title.
(b) Membership.--
The board shall consist of nine members who shall be appointed by the Governor, by and with the advice and consent of a majority of the members of the Senate, and each of whom shall hold office for a term of six years or until that person's successor shall have been duly appointed and qualified, but in no event more than 90 days beyond the expiration of that person's appointed term.
(c) Vacancies.--
(1) Vacancies occurring in an office of a member of the board by expiration of term, death, resignation, removal or for any other reason shall be filled in the manner provided by section 8 of Article IV of the Constitution of Pennsylvania for the remainder of the term.
(2) Whenever a board member's term expires, that member's position shall be immediately deemed a vacancy, and the Governor shall nominate a person to fill that membership position on the board within 90 days of the date of expiration, even if the member continues to remain on the board.
(d) Eligibility.--
To be eligible to be appointed by the Governor for membership on the board, an individual shall have at least six years of professional experience in parole, probation, social work or related areas, including one year in a supervisory or administrative capacity, and a bachelor's degree. Any equivalent combination of experience and training shall be acceptable.
(e) General powers.--
Subject to the provisions of this chapter, the board shall have all the powers and shall perform the duties generally vested in and imposed upon independent administrative boards and commissions by the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, and shall be subject to all the provisions of that act applicable generally to independent administrative boards and commissions.
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended subsec. (a).
2019 Amendment.
Act 115 amended the section heading and subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6112 - Board chairperson

§ 6112. Board chairperson.
(a) Designation by Governor.--
The Governor shall, from time to time, as the occasion may arise, designate one of the members of the board to be its chairperson who shall:
(1) Direct the operations, management and administration of the board and fulfill the functions established by this chapter.
(2) (Deleted by amendment).
(3) Preside at all meetings of the board.
(4) Perform all the duties and functions of chairperson, including organizing, staffing, controlling, directing and administering the work of the board.
(5) Administer the proceedings of the board to ensure efficient and timely procedures for parole board decisions, discharges and recommitments.
(b) Alternate chairperson.--
The board may designate one of its members to act as alternate chairperson during the absence or incapacity of the chairperson, and, when so acting, the member so designated shall have and perform all the powers and duties of chairperson of the board but shall not receive any additional compensation for acting as chairperson.
(June 30, 2021, P.L.260, No.59, eff. imd.)
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6115 - Incompatible offices and removal

§ 6115. Incompatible offices and removal.
(a) General rule.--
The members of the board shall not hold any other public office or employment nor engage in any business, profession or employment during their terms of service as members thereof and shall hold their offices during the terms for which they shall have been appointed.
(b) Procedure for removal.--
(1) A member of the board may be removed for cause by the Governor, by and with the advice and consent of two-thirds of the members of the Senate.
(2) During a recess of the Senate, the Governor may suspend a member of the board for cause, and before suspension, the Governor shall furnish to the member a statement in writing of the reasons for the proposed suspension of the member. The suspension shall operate and be effective only until the adjournment of the next session of the Senate following the suspension.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6116 - Meetings

§ 6116. Meetings.
(a) General rule.--
As soon as may be convenient after their appointment, the members of the board shall meet and organize.
(b) Appointment of secretary of board.--
The members of the board shall appoint a secretary, who shall:
(1) Not be a member of the board.
(2) Hold office at the pleasure of the board.
(3) Maintain a record of the proceedings of the board and perform such duties not inconsistent with any law of this Commonwealth as the board shall prescribe.
(4) Receive such compensation as the board shall determine in conformity with the rules of the Executive Board.
(c) Temporary secretary of board.--
In the absence or incapacity of the secretary to act, the board may designate such other person as it may choose to perform temporarily the duties of the secretary of the board.
(d) Counsel.--
Legal counsel for the board shall be appointed in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(e) Hearing examiners.--
The board may appoint a sufficient number of individuals to conduct hearings as required or authorized by this title.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6117 - Official seal

§ 6117. Official seal.
The board shall adopt an official seal by which its acts and proceedings shall be authenticated and of which the courts shall take judicial notice. The certificate of the chairperson of the board, under the seal of the board and attested by the secretary, shall be accepted in evidence in any judicial proceeding in any court of this Commonwealth as adequate and sufficient proof of the acts and proceedings of the board referenced in the certificate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6118 - Offices

§ 6118. Offices.
The department shall provide offices for the board. The board shall appoint and employ such number and character of officers, agents, clerks, stenographers and employees as may be necessary to carry out the purposes of this chapter. The salaries of persons so appointed and employed by the board shall be fixed by the board.
(a) Principal office.--
(Deleted by amendment).
(b) District offices.--
(Deleted by amendment).
(c) Location of district offices.--
(Deleted by amendment).
(d) Consideration for fixing compensation.--
(Deleted by amendment).
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6119 - District directors (Repealed)

§ 6119. District directors (Repealed).
2021 Repeal.
Section 6119 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6120 - District office employees (Repealed)

§ 6120. District office employees (Repealed).
2021 Repeal.
Section 6120 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6121 - Disciplinary action (Repealed)

§ 6121. Disciplinary action (Repealed).
2021 Repeal.
Section 6121 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6122 - Political activities

§ 6122. Political activities.
(a) General rule.--
No member of the board, or officer, clerk or employee thereof, or any person officially connected with the board:
(1) Shall take any active part in politics or be a member of or delegate or alternate to any political convention or be present at such convention, except in the performance of that person's official duties under this chapter.
(2) Shall serve as a member of or attend the meetings of any committee of any political party, or take any part in political management or political campaigns, or use that person's office to influence political movements, or to influence the action of any other officer, clerk or employee of the board.
(3) Shall in any way or manner interfere with or participate in the conduct of any election or the preparation therefore at the polling place, or with the election officers while counting the votes or returning the ballot boxes, books, papers, election paraphernalia and machinery to the place provided by law, or be within any polling place, except for the purpose of voting as speedily as it reasonably can be done, or be otherwise within 50 feet of any polling place, except for purposes of ordinary travel or residence during the period of time beginning with one hour preceding the opening of the polls for holding the election and ending with the time when the election officers shall have finished counting the votes and have left the polling place.
(4) Shall directly or indirectly make or give, demand or solicit or be in any manner concerned in making, giving, demanding, soliciting or receiving any assessments, subscriptions or contributions, whether voluntary or involuntary, to any political party or for any political purpose whatsoever.
(b) Penalty.--
Any person who violates any of the provisions of this section:
(1) Commits a misdemeanor of the third degree, and, upon conviction thereof, shall be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or both.
(2) Shall forfeit that person's office or employment, as the case may be.
(3) Shall not thereafter be appointed or employed by the board in any position or capacity whatsoever.
(c) Dismissal required.--
The board shall dismiss any officer, clerk or employee thereof who shall violate this section from that person's office or employment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6123 - Advisory committee (Repealed)

§ 6123. Advisory committee (Repealed).
2019 Repeal.
Section 6123 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6124 - Certain offenders residing in group-based homes (Repealed)

§ 6124. Certain offenders residing in group-based homes (Repealed).
2021 Repeal.
Section 6124 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6131 - General powers of board

§ 6131. General powers of board.
(a) General rule.--
The board shall have the power and its duty shall be:
(1) (Deleted by amendment).
(2) To collect and maintain copies of all presentence investigations and reports.
(3) (Deleted by amendment).
(4) (Deleted by amendment).
(5) (Deleted by amendment).
(6) (Deleted by amendment).
(7) (Deleted by amendment).
(8) (Deleted by amendment).
(9) (Deleted by amendment).
(10) (Deleted by amendment).
(11) (Deleted by amendment).
(12) To provide information as required under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties) as requested by the commission.
(13) To incorporate evidence-based practices into parole decision making.
(14) (Deleted by amendment).
(15) To conduct research to identify, to be informed of and to recommend recognized evidence-based parole practices that promote public safety and reduce recidivism.
(16) To conduct outcome and performance analyses on implemented board programs and practices to enhance public safety through reduced recidivism.
(b) Court-appointed probation officers to submit information to department.--
A court that appoints a probation officer shall require the probation officer to submit to the department such information as the department may require on forms prescribed and furnished by the department.
(c) Access to county records.--
The department and the board shall have free and ready access to all probation and parole records of any county.
(d) Definitions.--
(Deleted by amendment).
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6132 - Specific powers of board involving offenders

§ 6132. Specific powers of board involving offenders.
(a) General rule.--
The board shall have exclusive power:
(1) (i) To parole and reparole, commit and recommit for violations of parole and to discharge from parole all persons sentenced by any court at any time to imprisonment in a State correctional institution pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).
(ii) This paragraph applies to inmates sentenced to definite or flat sentences.
(2) (i) (Deleted by amendment).
(ii) Except for such special cases, the powers and duties conferred by this section shall not extend to persons sentenced for a maximum period of less than two years and shall not extend to those persons committed to county confinement within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).
(3) To establish special conditions of supervision for paroled offenders. Conditions of supervision must be based on the risk presented by and the rehabilitative needs of the offender. Conditions may be modified pursuant to section 6171 (relating to powers and duties of department) or if the board or its designee consents to such modification.
(4) To promulgate regulations establishing general conditions of supervision applicable to every paroled offender.
(b) Construction.--
Nothing contained in this section shall be construed to prevent a court from paroling any person sentenced by it for a maximum period of less than two years and housed in a county correctional facility or from paroling an offender committed to county confinement pursuant to 42 Pa.C.S. § 9762.
(c) Definition.--
As used in this section, "period of two years" means the entire continuous term of sentence to which a person is subject, whether for one or more sentences, either to simple imprisonment or to an indeterminate imprisonment as authorized by law to be imposed for criminal offenses.
(July 5, 2012, P.L.1050, No.122, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended the section heading and subsecs. (a) and (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6133 - Probation services (Repealed)

§ 6133. Probation services (Repealed).
2021 Repeal.
Section 6133 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6134 - Sentencing court recommendation

§ 6134. Sentencing court recommendation.
The following shall apply:
(1) A judge may make at any time a recommendation to the board respecting the offender sentenced and the term of imprisonment the judge believes that offender should be required to serve before parole is granted to that offender.
(2) A recommendation made by a judge under paragraph (1) respecting the parole or terms of parole of an offender shall be advisory only. No order in respect to the recommendation made or attempted to be made as a part of a sentence shall be binding upon the board or the department in performing the duties and functions conferred on it by this chapter.
(a) Duty to transmit.--
(Deleted by amendment).
(b) Recommendations from judge.--
(Deleted by amendment).
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6134.1 - General criteria for parole by court

§ 6134.1. General criteria for parole by court.
(a) Guidelines.--
The court may parole or reparole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole).
(b) Report of decision to commission.--
If a court paroles or reparoles an offender, the court shall report the parole or reparole decision and shall provide a contemporaneous written statement for any deviation from the guidelines established under 42 Pa.C.S. § 2154.5, to the commission under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).
(c) Procedure.--
(1) Prior to making a decision to parole an offender committed to county confinement within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) from a sentence of imprisonment imposed following conviction for a personal injury crime, each victim who has registered to receive victim services in connection with the personal injury crime shall be given an opportunity by the court to submit a preparole statement to the court expressing concerns or recommendations regarding the parole or parole supervision of the offender.
(2) The district attorney shall, immediately following sentence in cases where a sentence of confinement has been imposed and the sentenced offender remains within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762, notify all registered victims that they shall have the opportunity to submit a preparole statement to the court.
(3) Victims shall notify the court of their intention to submit a preparole statement and shall provide and keep current an appropriate mailing address.
(4) Preparole statements submitted pursuant to this subsection shall be subject to the confidentiality provisions contained in section 6140 (relating to victim statements, testimony and participation in hearing) applicable to preparole statements submitted to the board and shall be considered by the court prior to any parole decision, and each victim submitting a preparole statement shall be given notice of the court's parole decision.
(d) Definitions.--
(Deleted by amendment).
(July 5, 2012, P.L.1050, No.122, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6135 - Investigation of circumstances of offense

§ 6135. Investigation of circumstances of offense.
(a) Duty to investigate.--
The board, on the commitment to a correctional facility of any person whom the board is given the power to parole under this chapter, shall consider:
(1) The nature and circumstances of the offense committed.
(2) Any recommendations made by the trial judge and prosecuting attorney.
(3) The general character and background of the inmate.
(4) Participation by an inmate sentenced after February 19, 1999, and who is serving a sentence for a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) in a victim impact education program offered by the Department of Corrections.
(5) The written or personal statement of the testimony of the victim or the victim's family submitted under section 6140 (relating to victim statements, testimony and participation in hearing).
(6) The notes of testimony of the sentencing hearing, if any, together with such additional information regarding the nature and circumstances of the offense committed for which sentence was imposed as may be available.
(7) The conduct of the person while in prison and his physical, mental and behavioral condition and history, his history of family violence and his complete criminal record.
(b) Cooperation of public officials.--
A public official who possesses such records or information shall furnish the records or information to the board upon its request and without charge so far as may be practicable while the case is recent.
Cross References.
Section 6135 is referred to in sections 6137.1, 6142, 6175 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6136 - Right of access to offenders

§ 6136. Right of access to offenders.
All prison officials shall:
(1) At all reasonable times grant access to any offender whom the board has power to parole to the members of the board or its properly accredited representatives.
(2) At all reasonable times provide for the board or its properly accredited representative facilities for communicating with and observing an offender while imprisoned. Such facilities may, at the discretion of the prison officials, be provided via videoconferencing or similar virtual presence technology.
(3) Furnish to the board, no fewer than 90 days prior to a scheduled parole interview or if an interview is scheduled to be held within less than 90 days, as quickly as possible after such public officials are informed of such interview, reports concerning the conduct of offenders in their custody together with any other facts deemed pertinent in aiding the board to determine whether such offenders shall be paroled.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6137.2 - Reentry supervision

§ 6137.2. Reentry supervision.
(a) General rule.--
This section applies to persons committed to the department with an aggregate minimum sentence of total confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of 4 years or more. Regardless of the sentence imposed, this section does not apply to persons sentenced to death, life imprisonment, persons otherwise ineligible for parole or persons subject to 42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).
(b) Reentry supervision.--
Any person under subsection (a) shall be sentenced to a period of reentry supervision of 12 months consecutive to and in addition to any other lawful sentence issued by the court.
(c) Parole granted.--
Persons who have been granted any period of parole by the parole board during the same period of incarceration shall be deemed to have served the requirements of this section.
(d) Supervision.--
A person released to reentry supervision shall be considered to be released on parole.
(e) Imposition.--
The court shall impose reentry supervision in addition to the maximum sentence permitted for the offense for which the defendant was convicted.
(f) Applicability.--
This section shall only apply to persons sentenced after the effective date of this section.
(Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment.
Act 115 added section 6137.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6141 - General rules and special regulations

§ 6141. General rules and special regulations.
The board may make general rules for the conduct and supervision of offenders and may, in particular cases, as it deems necessary to effectuate the purpose of parole, prescribe special regulations for particular persons.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6142 - Investigations for the Board of Pardons

§ 6142. Investigations for the Board of Pardons.
The board shall make an investigation for the Board of Pardons in cases coming before it and upon its request. The investigation shall include all information set forth under section 6135 (relating to investigation of circumstances of offense), including a risk assessment if the applicant is incarcerated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6143 - Early parole of offenders subject to Federal removal order

§ 6143. Early parole of offenders subject to Federal removal order.
(a) Eligibility.--
Notwithstanding any other provision of law, the board may parole an offender into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the offender's minimum term of imprisonment if all of the following requirements are satisfied:
(1) The board has received an order of removal for the offender from the United States Immigration and Customs Enforcement.
(2) The offender is at least 18 years of age and is not a native or citizen of the United States.
(3) The offender has never been convicted or adjudicated delinquent of a crime of violence or a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
(4) The board certifies that removal of the offender is appropriate and in the best interests of the Commonwealth.
(5) The offender has been advised of all of the following:
(i) Unlawful reentry into the United States will result in the offender's return to the department to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole.
(ii) If the offender reenters the United States and commits a criminal offense, upon conviction the offender shall be subject to 42 Pa.C.S. § 9720.3 (relating to sentencing for certain paroled offenders).
(iii) Reentry into the United States may subject the offender to prosecution by the United States under 8 U.S.C. § 1326 (relating to reentry of removed aliens).
(b) Parole discretionary.--
The decision to parole an offender under subsection (a) shall be within the sole discretion of the board. Nothing under this section shall be construed to confer a legal right upon the offender to parole under subsection (a).
(c) Return of offender by United States.--
If the United States Immigration and Customs Enforcement is unable to or does not deport the offender, the offender shall be returned to the custody of the department and the board shall rescind the offender's parole.
(d) Unlawful reentry.--
An offender paroled under this section who returns unlawfully to the United States shall be given a hearing before the board and recommitted as a parole violator upon a determination by the board that the offender did unlawfully return to the United States. Upon recommitment, the offender shall be required to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole. The offender shall not be entitled to credit for any time on parole under this section.
(e) Definition.--
(Deleted by amendment).
(July 5, 2012, P.L.1050, No.122, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
Cross References.
Section 6143 is referred to in section 6138 of this title; 9720.3 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6151 - 6153 - (Repealed)

2021 Repeal.
Subchapter D (§§ 6151 - 6153) was added August 11, 2009, P.L.147, No.33, and repealed June 30, 2021, P.L.260, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6161 - Parolee Homicide Review Team

§ 6161. Parolee Homicide Review Team.
(a) Establishment.--
The department shall establish the Parolee Homicide Review Team, which shall examine circumstances surrounding those who have committed criminal homicide while under supervision by the board.
(b) Powers and duties.--
The department, in cooperation with the members of the Parolee Homicide Review Team, shall have the following powers and duties in relation to the program:
(1) Collect, review and analyze all appropriate events and issues surrounding and related to homicides committed by those while under the supervision of the board.
(2) Identify compliance with applicable statutes, regulations, guidelines, best practices, protocols and other standards.
(3) Develop and recommend any appropriate changes in applicable statutes, regulations, guidelines, best practices, protocols and other standards.
(4) Review relevant and applicable issues related to the training of individuals who interact with those under the supervision of the board and develop and recommend any appropriate changes to such training.
(5) Review relevant and applicable issues related to collaboration with other criminal justice agencies and develop recommendations to address any systematic gaps in supervision and public safety.
(6) Review relevant and applicable issues related to treatment, counseling, services and reentry programs and develop recommendations to improve case management of individuals.
(7) Submit a report to the Governor and the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives by September 30 of each year relating to the activities, review, findings, analysis and recommendations of the Parolee Homicide Review Team. The recommendations shall address all issues identified under paragraphs (1), (2), (3), (4), (5) and (6), as well as factors that are likely to improve supervision practices, identify deficiencies in the system and recommendations to address them in order to reduce recidivism and improve public safety and strengthen collaboration with criminal justice agencies.
(c) Nonhomicides.--
The chair, in consultation with and approval of the other members of the Parolee Homicide Review Team, may include case reviews of nonhomicide cases if such cases resulted in a serious breach of public safety and review of such cases is necessary to maintain or improve the safety of the public.
(d) Meetings.--
The Parolee Homicide Review Team shall meet no less than once per year, but as often as the chair deems necessary to fulfill the duties of the Parolee Homicide Review Team.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6162 - Members

§ 6162. Members.
(a) Permanent members.--
The Parolee Homicide Review Team shall consist of the following individuals or their designees:
(1) The Secretary of Corrections, who shall chair the Parolee Homicide Review Team.
(2) The chair of the Pennsylvania Board of Probation and Parole.
(3) The commissioner of the Pennsylvania State Police.
(4) Three district attorneys selected by the Pennsylvania District Attorneys Association. Each district attorney shall be from different regions of this Commonwealth.
(5) Three chief county probation officers selected by the County Probation Officers Association. Each chief county probation officer shall be from different regions of this Commonwealth.
(6) The executive director of the Pennsylvania Commission on Sentencing.
(7) The Attorney General.
(8) The executive director of the Pennsylvania Chiefs of Police Association.
(9) The victim advocate.
(10) No more than two professors of law with expertise in criminal justice, appointed by the Governor.
(11) A representative from the Administrative Office of Pennsylvania Courts, appointed by the Chief Justice.
(12) A representative of a local victim services organization, appointed by the Governor.
(13) The executive director of the Pennsylvania Commission on Crime and Delinquency.
(b) Ad hoc members.--
The chair, in consultation with and approval of the other members of the Parolee Homicide Review Team, may invite other relevant individuals to serve on an ad hoc basis and participate as full members of the review team for a particular review. These individuals may include individuals with particular expertise that would be helpful to the review panel or representatives of organizations or agencies that had contact with or provided services to the homicide victim or the alleged perpetrator.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6163 - Confidentiality

§ 6163. Confidentiality.
(a) Maintenance.--
Members of the Parolee Homicide Review Team shall maintain the confidentiality of any identifying information obtained relating to this section.
(b) Agreement.--
Each member of the Parolee Homicide Review Team shall sign a confidentiality agreement applicable to all reviews conducted by the Parolee Homicide Review Team.
(c) Liability.--
An individual, agency or entity that in good faith provides information or records to the Parolee Homicide Review Team shall not be subject to civil or criminal liability as a result of providing the information or record.
(d) Discovery.--
The discussions, deliberations and records of the Parolee Homicide Review Team are privileged and confidential and shall not be subject to discovery, subpoena or introduction into evidence in any civil or criminal action.
(e) Right-to-Know Law.--
The provisions of this chapter shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(f) Meetings.--
Meetings of the Parolee Homicide Review Team shall be closed to the public and shall not be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) Penalty.--
A person who violates the provisions of this section commits a misdemeanor of the third degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6171.1 - District offices

§ 6171.1. District offices.
(a) Principal office.--
The department shall provide offices for the board. The board shall appoint and employ such number and character of officers, agents, clerks, stenographers and employees as may be necessary to carry out the purposes of this chapter. The salaries of persons so appointed and employed by the board shall be fixed by the board.
(b) District offices.--
The department shall divide the Commonwealth for administrative purposes into a suitable number of districts, not to exceed 10, in each of which shall be a district office which shall have immediate charge of the supervision of cases of probation and parole arising in the courts of the judicial districts embraced within its territorial limits, but, as occasion may require, the supervision of particular parolees may be transferred by the department to other appropriate parole districts.
(c) Location of district offices.--
(1) The department shall fix and determine the location of the various district offices within their respective districts, having regard to local conditions in each district and to the most convenient and efficient functioning of the office established in each district.
(2) At each of the locations so fixed and determined, the department shall provide such office accommodations, furniture, equipment and supplies as may be reasonably suitable and adequate for the proper handling and dispatch of the parole business of the district.
(3) The department may enter into contracts on behalf of the Commonwealth for such office accommodations, furniture, equipment and supplies through the Department of General Services.
(d) Consideration for fixing compensation.--
In fixing compensation for its officers, clerks and employees under the provisions of this chapter, the department shall have regard to the kind, grade or class of service to be rendered, and, whenever any standard compensation has been fixed by the Executive Board for any kind, grade or class of service or employment, the compensation of all persons appointed or employed by the department in the same kind, grade or class shall be fixed by it in accordance with such standard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6171.2 - District directors

§ 6171.2. District directors.
(a) Establishment.--
Each district office shall have a district director who:
(1) Shall be appointed by the department.
(2) Shall receive such annual salary as the department shall determine in conformity with the rules of the Executive Board.
(b) Status and role.--
The district director shall be the executive head of the district office to which the district supervisor is appointed and shall have the control, management and direction of all employees of the department assigned to the district, subject to the supervision of the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6171.3 - District office employees

§ 6171.3. District office employees.
(a) Department to appoint.--
The department shall appoint in the various district offices a sufficient number of agents, clerks, stenographers and other employees to fully and efficiently administer the parole laws of this Commonwealth, but no employee of the department shall be appointed by the department except in the manner provided by this chapter.
(b) Salaries and qualifications.--
The salaries of the appointees in subsection (a) shall be fixed by the department. The department shall from time to time by appropriate rule or regulation prescribe the qualifications to be possessed by its personnel. The qualifications shall be such as will best promote the efficient operation of probation and parole.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6172 - Probation services

§ 6172. Probation services.
(a) General rule.--
The department shall have exclusive power to supervise any offender placed on probation by any judge of a court having criminal jurisdiction when the court, by special order, consistent with the regulations of the department, directs supervision by the department.
(b) Presentence investigations.--
The department shall make presentence investigations when requested to do so by the court in accordance with the regulations of the department.
(c) In-service training.--
The department shall provide in-service training for personnel of county probation offices when requested to do so by the court having jurisdiction of the probation office.
Cross References.
Section 6172 is referred to in section 6140 of this title; section 9718.5 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6173 - Investigation of circumstances of offense

§ 6173. Investigation of circumstances of offense.
(a) Duty to investigate.--
The department, upon the commitment to a correctional facility of any offender whom the board is given the power to parole, shall investigate and include in its report to the board:
(1) The nature and circumstances of the offense committed.
(2) Any recommendations made by the trial judge and prosecuting attorney.
(3) The general character and background of the offender.
(4) Participation by an offender sentenced after February 19, 1999, and who is serving a sentence for a crime of violence in a victim impact education program offered by the department.
(5) The written or personal statement of the testimony of the victim or the victim's family submitted under section 6140 (relating to victim statements, testimony and participation in hearing).
(6) The notes of testimony of the sentencing hearing, if any, together with such additional information regarding the nature and circumstances of the offense committed for which sentence was imposed as may be available.
(7) The conduct of the offender while in prison and the offender's physical, mental and behavioral condition and history, in addition to history of family violence and complete criminal record.
(b) Cooperation of public officials.--
A public official who possesses offender records or information shall furnish the records or information to the department upon request and without charge so far as may be practicable while the case is recent.
(c) Duty to transmit.--
A court sentencing any offender to a term as to which power to parole is given to the board in this chapter shall transmit to the department, within 30 days after the imposition of the sentence:
(1) A copy of the notes of testimony of the sentencing hearing that may have been filed or recorded in the case.
(2) Copies of any criminal identification records secured from the Federal Bureau of Investigation.
(3) Copies of presentence investigation reports and behavior clinic reports, if any were submitted to the court, the last two of which records, being confidential records of the court, shall be treated confidentially by the department, who shall not permit examination of the records by anyone other than its duly appointed officers and employees and the board and its officers and employees, except upon court order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6174 - Right of access to offenders

§ 6174. Right of access to offenders.
All prison officials shall:
(1) At all reasonable times grant to the properly accredited representatives of the department access to any detainee whom the board has power to parole.
(2) At all reasonable times provide for the board or its properly accredited representative facilities for communicating with and observing a detainee while imprisoned.
Cross References.
Section 6174 is referred to in section 6137 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6175 - Investigations for the Board of Pardons

§ 6175. Investigations for the Board of Pardons.
The department shall make an investigation for the Board of Pardons in cases coming before it and upon its request. The investigation shall include all information set forth under section 6135 (relating to investigation of circumstances of offense), including a risk assessment if the applicant is incarcerated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Section 6181 - Status as peace officers

§ 6181. Status as peace officers.
An agent is declared to be a peace officer and is given police power and authority throughout this Commonwealth to arrest without warrant, writ, rule or process any department-supervised offender for failing to report as required or for any other violation of his conditions of supervision.
Cross References.
Section 6181 is referred to in section 8332.7 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6302 - Definitions

§ 6302. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
(Deleted by amendment).
"Certification."
The assignment of a certification number to a probation or parole officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the County Probation Officers' Firearm Education and Training Commission and successful completion of mandatory training.
"Commission."
The County Probation Officers' Firearm Education and Training Commission.
"Fund."
The County Probation Officers' Firearm Education and Training Fund established under section 6308 (relating to County Probation Officers' Firearm Education and Training Fund).
"Officer."
A county probation or parole officer of this Commonwealth.
"Program."
The County Probation Officers' Firearm Education and Training Program established in this chapter.
"School."
A school currently approved by the Municipal Police Officers' Education and Training Commission under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).
"Weapon-carrying officer."
A county probation or parole officer who is authorized to carry a weapon in connection with performance of the duties of the officer's employment.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 deleted the def. of "board."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6303 - County Probation Officers' Firearm Education and Training Commission

§ 6303. County Probation Officers' Firearm Education and Training Commission.
The County Adult Probation and Parole Advisory Committee established under the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, shall serve as the County Probation Officers' Firearm Education and Training Commission under this chapter, including assuming all of its funding, powers, duties and responsibilities under this chapter.
(Dec. 18, 2019, P.L.776, No.115, eff. one year)