Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.3 - Procedures for participation in prerelease programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The criteria for eligibility for
				  prerelease programs are as follows:
(1)
				  Inmates who have been sentenced to death or life imprisonment or other offenses
				  specified by the Department in the
Department of Corrections Inmate
				  Handbook
, DC-ADM 805-Policy and Procedures for Obtaining
				  Pre-release-or any Department document that is disseminated to inmates are not
				  eligible.
(2) Time-served
				  requirements are as follows:
(i) To be
				  time-eligible for placement in a community corrections center or group home,
				  the inmate shall have completed at least one-half of the inmate's minimum
				  sentence, be within 1 year of completing his minimum sentence, have no
				  outstanding detainers, and have served at least 9 months in a facility.
				  Exceptions may be made with written approval of the Secretary or a designee,
				  when early transfer is necessary to assist in the inmate's access to medical or
				  mental health care or to provide longer period of participation for an inmate
				  who has been confined for an unusually long period of time. A contact may not
				  be made with the court until the approval is obtained.
(ii) For other prerelease programs, the
				  inmate is time-eligible after the inmate has completed one-half of the inmate's
				  minimum sentence or one-half of the period ending with anticipated release date
				  of an indeterminate sentence and has served at least 9 months in a facility.
				  The inmate may have no detainers lodged against him for an untried offense or
				  for a sentence with a maximum term in excess of 2 years. Inmates who are
				  otherwise time-eligible who have detainers lodged against them for less than 2
				  years can be time-eligible for a prerelease program except community
				  corrections center or group home upon written approval of the Secretary or a
				  designee. No contact may be made with the court until the approval is
				  obtained.
(3) The inmate
				  shall have favorable recommendation of the correctional facility staff-for
				  example, counselor, work supervisor, housing officer, education/vocational
				  supervisor and deputy facility managers for treatment and operations.
(4) The inmate may have had no Class I
				  misconduct and no more than one Class II misconduct during the 9 months prior
				  to application, and have sustained no Class I misconduct and no more than one
				  Class II misconduct from the time of application to the time of
				  transfer.
(5) The inmate shall
				  obtain a medical clearance by the facility medical officer.
(6) The inmate's application shall be
				  approved by the facility manager and by the Secretary or regional director of
				  the Department, or both, if an inmate is serving a sentence for an offense
				  specified in the
Department of Corrections Inmate Handbook
, or
				  any Department document that is disseminated to inmates that requires
				  approval.
(7) If the inmate has not
				  completed his minimum sentence, the notice process in §
											94.5 (relating to notification
				  process) shall be followed.
(8)
				  Applications for transfer to community corrections require evaluation and
				  concurrence by the staff of the appropriate region of community corrections and
				  approval by the Director of Community Corrections.
(9) The inmate shall execute a written
				  acknowledgement that he is required to abide by the rules and regulations of
				  the prerelease program. In the case of community corrections placement, the
				  written agreement shall be signed prior to transfer.
(10) After transfer into a prerelease
				  program, the inmate may continue to participate in the program only while
				  adequate resources are available to provide care, custody and control for the
				  inmate within the program to which the inmate has been admitted. The inmate's
				  privilege to participate in prerelease programs may be suspended or revoked for
				  administrative or disciplinary reasons. The Department will establish
				  procedures to govern the revocation of prerelease privileges.