Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.4 - Technical parole violator recommitment ranges

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) Recommitment ranges
				shall be considered by the Board when a paroled person violates a general or
				specific condition of parole and the Board orders recommitment as a technical
				parole violator after the necessary violation hearing(s).
(2) The Board shall determine if any of the
				following specified violation conditions, as provided in
				61 Pa.C.S. §
											6138(c)(1.3) (relating to
				violation of terms of parole), are present:
(i) Violation was sexual in nature.
(ii) Violation involved assaultive behavior
				or included a credible threat to cause bodily injury to another.
(iii) Violation involved possession or
				control of a weapon.
(iv) the
				paroled person absconded and cannot be safely diverted to a community
				corrections center, community corrections facility, or any secured facility
				operated or contracted by the Department.
(v) An identifiable threat exists to public
				safety and the paroled person cannot be safely diverted to a community
				corrections center, community corrections facility, or any secured facility
				operated or contracted by the Department.
(vi) The violation involved an intentional
				and unexcused failure to adhere to recommended programming or conditions on
				more than three occasions, and the paroled person cannot be safely
				diverted.
(3) As provided
				in
				61 Pa.C.S. §
											6138(c)(1), unless the Board
				determines a specified violation condition is present, a technical parole
				violator shall be committed to a group facility or parole violator center, and
				the following shall apply:
(i) The Board
				shall consider the applicable recommitment ranges described in subsection
				(b).
(ii) Except as provided in
				subparagraph (iii), a technical parole violator shall be recommitted, as
				provided in
				61 Pa.C.S. §
												6138(e), for a maximum
				period of six months, after which the person shall automatically be reparoled
				without further action by the Board.
(iii) The maximum period of recommitment and
				automatic reparole shall not be applicable to a paroled person if any of the
				following apply:
(A) Commits a disciplinary
				infraction involving assaultive behavior, sexual assault, a weapon, or a
				controlled substance.
(B) Spends
				more than 61 days in segregated housing due to one or more disciplinary
				infractions.
(C) Refuses
				programming or a work assignment.
(D) Is not in compliance with all legal
				requirements applicable to the paroled person, including but not limited to,
				maintaining registration in any applicable sex offender
				registry.
(4)
				As provided in
				61 Pa.C.S. §
											6138(c)(1.3), when the Board
				determines that one or more specified violation conditions are present, a
				technical parole violator shall be committed to a correctional facility, and
				the following shall apply:
(i) The Board
				shall consider the applicable recommitment ranges described in subsection
				(b).
(ii) Except as provided in
				subparagraph (iii), a technical parole violator shall be recommitted, as
				provided in
				61 Pa.C.S. §
												6138(d), for a maximum
				period as described below, after which the person shall automatically be
				reparoled without further action by the Board:
(A) For the first recommitment, a technical
				parole violator shall serve not more than six months.
(B) For the second recommitment for the same
				sentence, a technical parole violator shall serve not more than nine
				months.
(C) For the third and
				subsequent recommitment for the same sentence, a technical parole violator
				shall serve not more than one year.
(iii) The maximum period of recommitment and
				automatic reparole shall not be applicable to a paroled person if any of the
				following apply:
(A) Committed a disciplinary
				infraction involving assaultive behavior, sexual assault, a weapon, or a
				controlled substance.
(B) Spent
				more than 90 days in segregated housing due to one or more disciplinary
				infractions.
(C) Refused
				programming or a work assignment.