reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECONSIDERATION OF COMMISSION DECISIONS › Section 79.72 - Procedure for officers, CFIs, MIs or schools seeking reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure.
An officer, CFI, MI or school shall first seek
				  reconsideration of a Commission decision through a letter-ruling process, which
				  consists of the following steps:
(1) The
				  officer, CFI, MI or school shall submit to the Executive Director a written
				  request for reconsideration no later than 20 days after mailing of a Commission
				  notice, which results in adverse action for the school or individual.
(2) The request for reconsideration must, at
				  a minimum, contain the following details:
(i)
				  The name, address, telephone number and electronic mail address of the
				  aggrieved individual or school.
(ii) A copy of the Commission notice, which
				  results in adverse action for the school or individual.
(iii) A concise and thorough explanation of
				  the basis for the Request for Reconsideration.
(iv) The relief being sought.
(3) The Commission will review the
				  request for reconsideration at its next regularly scheduled meeting. The
				  individual or entity seeking reconsideration will be notified of the time and
				  place of the meeting.
(4) Following
				  review of the request for reconsideration, the Commission will render a
				  decision regarding the request for reconsideration. Within 10 days of the date
				  of the decision, the Commission will forward to the individual or entity, by
				  means of certified mail, return receipt requested, a letter ruling specifying
				  the decision and the reasons for the Commission's decision and explaining the
				  right to a formal hearing if the individual/school/vendor does not accept the
				  results set forth in the letter.
(5) Results and opinions set forth in
				  letter-rulings will have no precedential authority.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.81 - General rules of administrative practice and procedure

Current through Register Vol. 54, No. 28, July 13, 2024
Title 1 Pa. Code Part II (relating to General Rules of
					 Administrative Practice and Procedure) is applicable to the proceedings of the
					 Commission insofar as it is not superseded by §§
					 79.82-79.87.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.82 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an officer,
				  CFI, MI or school wishes to pursue an appeal to a formal hearing, the officer,
				  CFI, MI or school shall submit to the Executive Director a written request for
				  hearing no later than 30 calendar days after mailing of the Commission's
				  letter-ruling regarding the request for reconsideration.
(b) A request for hearing must be in writing
				  and contain at least the following information:
(1) The name, address, telephone number and
				  electronic mail address of the officer or school filing the written request for
				  hearing.
(2) A copy of the
				  Commission's letter-ruling on the request for reconsideration.
(3) A concise statement of the
				  complaint.
(4) A concise statement
				  of all relevant facts and the grounds upon which the complaint is
				  based.
(5) The relief being
				  sought.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.83 - Appointment of hearing examiner

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When the Executive Director receives a request for hearing, the Commission's
				  Chairperson or a designee will appoint a hearing examiner to preside over the
				  formal hearing.
(b) It will be the
				  responsibility of the appointed hearing examiner to schedule the hearing and
				  conduct it in accordance with this section and 1 Pa. Code Part II (relating to
				  General Rules of Administrative Practice and Procedure).
(c) Subsection (a) supplements 1 Pa. Code
				  §
										35.185 (relating to designation of
				  presiding officers). Subsection (b) supplements 1 Pa. Code §
										35.187 (relating to authority
				  delegated to presiding officers).
This section cited in 37 Pa. Code §
												79.81 (relating to general rules
						of Administrative Practice and
						Procedure).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.84 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings will
				  be conducted in accordance with
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  Administrative Agency Law).
(b)
				  Legal counsel may represent the aggrieved individual or entity and the costs
				  incurred for the representation shall be borne by the individual or
				  entity.
(c) The hearing examiner
				  will notify the aggrieved individual and, if applicable, the aggrieved entity
				  and the Commission of the date, time and location of the hearing at least 60
				  days prior to the selected date. A courtesy copy will be forwarded to the
				  appropriate chief probation officer and president judge. This subsection
				  supersedes 1 Pa. Code §
										35.105 (relating to notice of
				  nonrulemaking proceedings).
(d) A
				  prehearing conference may be held at the discretion of the hearing examiner. If
				  a prehearing conference is held, it will be under 1 Pa. Code §
										35.111 (relating to conferences to
				  expedite hearings).
This section cited in 37 Pa. Code §
												79.81 (relating to general rules
						of Administrative Practice and
						Procedure).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.85 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Continuances of
				  hearings conducted under this section will only be granted upon a showing of
				  good cause by the party requesting the continuance.
(b) Requests for continuances shall be made
				  in writing to the hearing examiner.
(c) A party's objections, if any, to a
				  request for a continuance must be in writing and delivered to the hearing
				  examiner and the other party. Objections shall be made immediately upon receipt
				  of notification of a request for a continuance.
(d) This section supersedes 1 Pa. Code §
										31.15(b)
				  (relating to extensions of time).
This section cited in 37 Pa. Code §
												79.81 (relating to general rules
						of Administrative Practice and
						Procedure).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.86 - Failure to appear at a hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an officer, CFI, MI or school or the
				  officer's, CFI's, MI's or school's representative fails to appear at the
				  scheduled hearing without good cause, as determined by the hearing examiner,
				  the request for hearing shall be deemed abandoned and shall be dismissed with
				  prejudice.
(b) If the Commission
				  fails to appear at the hearing without good cause as determined by the hearing
				  examiner, the hearing shall proceed in absentia.
(c) If neither the officer, CFI, MI or school
				  nor the Commission or their representatives appear at the hearing, the hearing
				  examiner shall reschedule the hearing.
This section cited in 37 Pa. Code §
												79.81 (relating to general rules
						of Administrative Practice and
						Procedure).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › NOTICE AND HEARINGS › Section 79.87 - Hearing examiner recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Within 30 days of conclusion of the hearings, the hearing examiner will propose
				  findings of fact and conclusions of law to the Commission.
(b) Upon receipt and after review of the
				  hearing examiner's proposed findings of fact and conclusions of law and any
				  exceptions and briefs, which may be submitted by either party, the Commission,
				  or its designees, shall issue a final adjudication.
(c) The Executive Director shall forward the
				  final adjudication to the officer, CFI, MI or school, or their legal counsel,
				  if the officer, CFI, MI or school has made the Executive Director aware of the
				  representation, and the appropriate chief probation officer and president
				  judge.
(d) The officer, CFI, MI,
				  school or Commission shall have the right to appeal the final adjudication in
				  accordance with Pa.R.A.P. and
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  Administrative Agency Law).
This section cited in 37 Pa. Code §
												79.81 (relating to general rules
						of Administrative Practice and
						Procedure).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › GENERAL PROVISIONS › Section 81.201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is applicable to applications for clemency
						to the Board, including applications for commutation of capital sentences. This
						chapter will be liberally construed to secure the fair and just determination
						of every application for clemency.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › GENERAL PROVISIONS › Section 81.202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Application
-The official form which
						shall be used to request a clemency hearing before the Board.
Board
-The Board of Pardons of the
						Commonwealth.
Calendar
-A published schedule of
						applications listed for public hearings during a particular session.
Capital case
-A case in which the
						applicant has requested a commutation of death sentence to life
						imprisonment.
Clemency
-The power of the Governor to
						pardon or commute a criminal sentence based upon recommendations by the
						Board.
Commutation
-The reduction of a legal
						penalty or punishment.
Crime of violence
-Includes the
						following:
(i) Murder of the third
					 degree, voluntary manslaughter, rape, sexual assault, involuntary deviate
					 sexual intercourse, aggravated assault as defined in
					 18 Pa.C.S. §
												2702(a)(1) (relating to
					 aggravated assault), robbery as defined in
					 18 Pa.C.S. §
												3701(a)(1)(i),(ii) or
					 (iii) (relating to robbery) or
					 kidnapping.
(ii) An attempt to
					 commit murder of the third degree, voluntary manslaughter, rape, sexual
					 assault, involuntary deviate sexual intercourse, aggravated assault as defined
					 in
					 18 Pa.C.S. §
												2702(a)(1), robbery as
					 defined in
					 18 Pa.C.S. §
												3701(a)(1)(i),(ii) or
					 (iii) or kidnapping.
(iii) An offense committed while in visible
					 possession of a firearm for which sentencing was imposed under
					 42 Pa.C.S. §
												9712
					 (relating to sentences for offenses committed with firearms).
Filing
-The receipt of the application by
						the Board's office.
Final adverse decision
-One of the
						following:
(i) The denial of a public
					 hearing by the Board.
(ii) The
					 Board not recommending an application to the Governor.
(iii) The Governor denying an
					 application.
Merit review
-The process of reviewing an
						application by the Board to determine if the application has sufficient merit
						to hold a public hearing on the matter.
Merit review vote
-A public vote by the
						Board to determine if a public hearing will be held on an application.
Pardon
-Forgiveness; an act of grace from
						governing power which mitigates the punishment the law demands for the offense
						and restores the rights and privileges forfeited on account of the offense. The
						term does not mean expungement of the record.
Secretary
-The administrator of the
						Board.
Vote
-Action on approval or disapproval
						taken by a quorum of the Board at a public hearing.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › POWERS › Section 81.211 - Clemency

Current through Register Vol. 54, No. 28, July 13, 2024
The Board hears and acts upon applications for:
(1) Pardon.
(2) Commutation of sentences including:
(i) Death sentence to life
					 imprisonment.
(ii) Life
					 imprisonment to life on parole.
(iii) Minimum sentence.
(iv) Maximum sentence.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › POWERS › Section 81.212 - Prerelease arbitration

Current through Register Vol. 54, No. 28, July 13, 2024
In cases when eligibility for prerelease from
						incarceration is in dispute, the Commissioner or Deputy Commissioner of
						Corrections shall refer the cases to the Board for hearing and resolution as
						provided under section 1052(c) of the act of July 16, 1968 (P. L. 351, No. 173)
						(61
						P. S. §
												1052(c)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.221 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
Applications shall be made on forms prescribed by the
						Board. The forms shall be obtained from the Secretary for a fee as established
						by Board resolution, except that the fee will be waived by the Board upon
						evidence satisfactory to the Board that the applicant is unable by reason of
						indigency to pay the fee. The official form to proceed without payment of costs
						shall be obtained from the Secretary and filed in place of the
						fee.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.222 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The original
					 application and ten copies shall be filed with the Secretary of the Board, 333
					 Market Street, 15th Floor, Harrisburg, Pennsylvania 17126-0333.
(b) It is the responsibility of an applicant
					 who is not confined to furnish five passport type photographs with the
					 application.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.223 - Limitations on filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Except as provided in §
											81.224 (relating to request for
					 early filing), an application may not be filed before the expiration of 12
					 months from a final adverse decision on any prior application.
(b) If an application receives two
					 consecutive adverse decisions, an application may not be filed before the
					 expiration of 24 months from the last adverse decision.
This section cited in 37 Pa. Code §
													81.224 (relating to request for
						  early filing).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.224 - Request for early filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 request for permission to file a subsequent application before the time
					 provided in §
											81.223 (relating to limitations on
					 filing) may be granted upon prior approval of at least 3 members of the
					 Board.
(b) The Board will respond
					 to the applicant's early filing request within 90 days.
This section cited in 37 Pa. Code §
													81.223 (relating to limitations on
						  filing).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.225 - Filing fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except in
					 capital cases, a filing fee to be determined by the Board shall accompany the
					 application.
(b) The Board may
					 waive the filing fee upon proof of indigency. The official form to proceed
					 without payment of the fee shall be obtained from the Secretary and filed in
					 place of the fee.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.226 - Use of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 copy of each application will be sent by the Board to the court, to the
					 district attorney of the county from which the applicant was sentenced and to
					 the correctional institution in which the applicant is confined to obtain
					 expressions of opinions as to the merits of the application, and to the Board
					 of Probation and Parole for its investigation.
(b) When the reports and opinions have been
					 received, the members of the Board will review the case and a merit review vote
					 will be conducted at a public hearing. If a public hearing is denied, the
					 applicant will be notified of the final adverse decision in writing by the
					 Secretary.
(c) If a public hearing
					 is granted, the Board will make every reasonable effort to notify victims or
					 next of kin, including providing notification to victims who are registered
					 with the Office of Victim Advocate, Department of Corrections, Board of
					 Probation and Parole and those whose whereabouts are otherwise known.
(d) Victims will be notified of their
					 opportunity to offer prior comment regarding an application that has been
					 granted a public hearing. Comment may be submitted in writing or presented
					 orally in person. The Board will provide notice to the victims or next of kin
					 of the date, time and place of a public hearing pertaining to their case.
					 Written communications with the Board will be confidential.
This section cited in 37 Pa. Code §
													81.228 (relating to subsequent use
						  by applicant); and 37 Pa. Code §
													81.272 (relating to
						  notice).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › APPLICATIONS › Section 81.228 - Subsequent use by applicant

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant's representative or any of the persons named
						in §
											81.226 (relating to use of
						application) may obtain a copy of the last application filed by the applicant,
						upon payment of the costs of reproduction. The cost of reproduction will be
						determined by Board resolution. Board resolutions are available for public
						inspection at the Board's office.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › LISTINGS › Section 81.231 - Listing for hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Noncapital cases.
Applications are subject to merit review by
					 the Board to determine if a public hearing will be granted. For prisoners
					 serving life sentences or sentences for crimes of violence, a vote by a
					 majority of the Board is required to grant a public hearing. In all other
					 cases, except capital cases, two votes are required for a public hearing to be
					 granted.
(b)
Capital
					 cases.
Applicants seeking commutation of a death sentence will
					 automatically receive a public hearing. Applications for commutation of death
					 sentences shall be filed with the Board within 10 days of the Governor's
					 issuance of a warrant specifying a week for execution.
This section cited in 37 Pa. Code §
													81.271 (relating to
						  request).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › LISTINGS › Section 81.232 - Interview of the applicant

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a public hearing is granted to an applicant who is serving a sentence of
					 death, life or a sentence for murder, voluntary manslaughter, attempt to commit
					 murder or attempt to commit voluntary manslaughter, each member of the Board
					 will interview the applicant prior to the public hearing.
(b) If a member does not interview the
					 applicant, that member may not vote at the public hearing.
(c) The interview will be conducted at a
					 time, place and in a manner that is convenient to the Board. The interview may
					 be conducted by the Board as a group or by an individual member. The interview
					 will be held in private. The applicant's attorney or representative will be
					 permitted to attend. Persons attending an interview are subject to the rules of
					 the Department of Corrections concerning entry into a prison by members of the
					 public. The interview shall be recorded by the Board. Subsequent use of the
					 recording will be at the Board's sole discretion.
This section cited in 37 Pa. Code §
													81.301 (relating to
						  recommendation).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › LISTINGS › Section 81.233 - Publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For every
					 application to be heard, the Board will publish a notice stating:
(1) The applicant's true name and other names
					 by which the applicant is or has been known.
(2) The crimes for which the applicant has
					 applied for clemency.
(3) The
					 institution, if any, in which the applicant is confined.
(4) The time and place of the public hearing
					 at which the application will be heard.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CONTINUANCES › Section 81.241 - Granting continuances

Current through Register Vol. 54, No. 28, July 13, 2024
A continuance may be granted by the Board on its own
						motion or by the Secretary upon the written request of the applicant or the
						applicant's representative. Only one continuance will be granted at the
						applicant's request.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CALENDAR › Section 81.252 - Distribution

Current through Register Vol. 54, No. 28, July 13, 2024
Calendars will be sent to each applicant or applicant's
						representative, the district attorney of the county from which the applicant
						was sentenced, the Commissioner of Corrections, the Board of Probation and
						Parole, victims of the offense for which the applicant has sought a pardon or
						commutation of sentence, and, at the discretion of the Secretary, to other
						interested parties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › HEARINGS › Section 81.261 - Time

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will meet in regular public hearings each month
						except the months of January, July and August except as may be otherwise
						determined by the Board. Public hearings may be canceled at the discretion of
						the Board. Notice of public hearings will be published in accordance with the
						Sunshine Act (65 P. S. §§
												271-286).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › HEARINGS › Section 81.262 - Place

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings will be held in Harrisburg or at other locations
						in this Commonwealth the Board may designate.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › HEARINGS › Section 81.263 - Nature of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings will be public. The hearings are audio-recorded
						by the Board to preserve a record of the proceedings for use by the Board.
						Other recordings, including photographs, motion pictures, video recordings and
						audio recordings are prohibited, unless 24 hours prior notice is given to the
						Board's Secretary.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › RECONSIDERATION › Section 81.271 - Request

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for
					 reconsideration of any decision may be made to the Board. The applicant shall
					 show a change in circumstances since the application was filed, or other
					 compelling reasons, sufficient to justify reconsideration. Dissatisfaction with
					 the Board's decision is not grounds to request reconsideration.
(b) The Board will take action on requests
					 for reconsideration at the next possible public hearing. Meritorious requests
					 may be addressed by the Board upon a public motion by any member. A request for
					 reconsideration will be granted only upon a majority vote of the Board. If the
					 matter to be reconsidered is the denial of a public hearing, another merit
					 review vote will be taken immediately in accordance with §
											81.231 (relating to listing for
					 hearing). The date of the original final adverse decision of the Board will be
					 used in calculating eligibility for refiling.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › RECONSIDERATION › Section 81.272 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
If reconsideration is granted, notice will be made to
						interested parties by regular mail as set forth in §
											81.226 (relating to use of
						application).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › REPRESENTATION › Section 81.281 - Appearance of applicant

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant, if confined, may not appear at the public
						hearing, but may designate another person to appear for the applicant. An
						applicant, if not confined, shall appear personally at the public hearing
						unless excused by the Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › REPRESENTATION › Section 81.282 - Representation of applicant

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant may be represented by legal counsel or
						another person designated by the applicant. The applicant may also be
						represented by a legal guardian, next friend or other person authorized by law
						to act on behalf of the applicant. If confined, the applicant may request
						representation from the Department of Corrections.
The provisions of this §
													81.282 amended under the act of
						  June 1, 1995 (P. L. 1017, No. 15) (Spec. Sess. No.
						  1).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › REPRESENTATION › Section 81.283 - Commonwealth attorney

Current through Register Vol. 54, No. 28, July 13, 2024
The attorney for the Commonwealth or a designee has the
						right, and is encouraged, to appear at the public hearings to offer the
						Commonwealth's opinion.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CONDUCT OF HEARINGS AND COMMUNICATIONS › Section 81.291 - Call of calendar

Current through Register Vol. 54, No. 28, July 13, 2024
Applications will be called in the order of their listing
						on the calendar unless the Board directs otherwise. If there is no answer when
						a case is called, it will be passed temporarily and then called at the end of
						the list. If there is no answer when it is called subsequently, it will not be
						heard at that session. The application may be relisted for the next possible
						session if the applicant or the applicant's representative contacts the
						Secretary and requests a relisting.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CONDUCT OF HEARINGS AND COMMUNICATIONS › Section 81.292 - Advocacy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Noncapital cases.
Fifteen minutes will be allowed for the
					 entire presentation in support of an application, and 15 minutes will be
					 allowed for the entire presentation in opposition to an application.
(b)
Capital cases.
In
					 capital cases, a maximum of 30 minutes will be allowed for the entire
					 presentation in support of an application, and a maximum of 30 minutes will be
					 allowed for the entire presentation in opposition to an application.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CONDUCT OF HEARINGS AND COMMUNICATIONS › Section 81.293 - Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may request or subpoena a person to appear at
						the public hearing as a witness.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › CONDUCT OF HEARINGS AND COMMUNICATIONS › Section 81.294 - Communications with the Board

Current through Register Vol. 54, No. 28, July 13, 2024
A person who wants to provide information to the Board
						regarding the merits of an application shall communicate or correspond with the
						Secretary.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › DISPOSITION › Section 81.301 - Recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application
					 for pardon, or for remission of fines and forfeitures, and the granting of
					 reprieves, or commutation of sentence, shall be approved by the Board at a
					 public hearing by a majority vote of the members, prior to delivery of the
					 written recommendation to the Governor for a decision. An application for a
					 pardon or commutation of a death or life imprisonment sentence must be approved
					 at a public hearing by a unanimous vote of the members, prior to delivery of
					 the written recommendation to the Governor for a decision.
(b) When the applicant is serving a sentence
					 described in §
											81.232 (relating to interview of
					 the applicant), a recommendation and Warrant of Commutation that is presented
					 to the Governor shall include a requirement that the applicant serve at least 1
					 year in a prerelease center prior to release on parole unless transfer of the
					 applicant to a prerelease center is not appropriate due to a certified terminal
					 illness.
(c) Recommendations made
					 to the Governor for commutation of sentence will be conditioned in subsection
					 (e).
(d) Recommendations for a
					 pardon may be made conditional by a majority vote by the Board.
(e) If it is the Board's desire that the
					 commutation or pardon be conditional, any recommended Warrant of Commutation or
					 Charter of Pardon presented to the Governor shall include the following
					 language:
"Subsequent to this date, if it is determined, upon
						public hearing by the Board of Pardons, that (name) has committed a probation
						or parole violation or has been convicted of a new criminal offense, this grant
						of clemency may be rendered null and void by myself or by my successors in
						office."
(f) When notified
					 of a subsequent criminal offense conviction, or probation or parole violation,
					 the Secretary will inform the Board. The Board will then decide, on a
					 case-by-case basis, whether to hold a public hearing regarding the suspected
					 violation of the conditional pardon or commutation. After public hearing, a
					 majority of the Board may recommend to the Governor that clemency be
					 revoked.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › DISPOSITION › Section 81.302 - Notification of Board action

Current through Register Vol. 54, No. 28, July 13, 2024
Within 14 days following the public hearing, the
						applicant and the interested parties will be notified of the action by the
						Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › DISPOSITION › Section 81.303 - Charter and warrant

Current through Register Vol. 54, No. 28, July 13, 2024
If the recommendation of the Board is approved by the
						Governor, the Secretary will prepare the proper Charter of Pardon or Warrant of
						Commutation for the signature of the Governor and for the attachment of the
						Seal of the Commonwealth and the attestation of the Secretary of the
						Commonwealth.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart A - Board of Pardons › Chapter 81 - BOARD OF PARDONS › DISPOSITION › Section 81.304 - Record maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Records, documents and files maintained by the Board are confidential except as
					 provided in subsection (b).
(b) The
					 following records are public: monthly calendars, minutes of public hearings,
					 vote sheets of public hearings, completed applications and lists of actions
					 taken by the Governor. The Board's written recommendation to the Governor will
					 be made public only after the Governor has acted on an application.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 91 - ADMINISTRATION › Section 91.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Board
-Pennsylvania Board of Probation and
					 Parole.
Community corrections center
-A
					 minimum-security community-oriented facility operated or contracted by the
					 Department for the purpose of facilitating special programs.
Contraband
-Material listed as contraband
					 in
					 18 Pa.C.S. §§
											5122 and
					 5123 (relating to weapons
					 or implements for escape; and contraband), the
Department of
					 Corrections Inmate Handbook
, or any Department document that is
					 disseminated to inmates, such as material that an inmate is prohibited from
					 possessing or material that an inmate is permitted to possess that has been
					 altered or is being used for something other than its intended purpose.
Department
-The Department of
					 Corrections.
Department of Corrections Inmate
					 Handbook
-A document that is to be disseminated to inmates that
					 contains all rules that an inmate shall follow to avoid discipline. It is
					 updated through dissemination of written materials to inmates that describe the
					 rule change when a change is made, or by dissemination of a revised
					 handbook.
Diagnostic and classification
					 center
-Facilities designated to receive and classify persons who have
					 been committed to the custody of the Department.
Facility
-An institution, motivational boot
					 camp or community corrections center operated or contracted by the
					 Department.
Facility manager
-The chief administrator
					 of a facility, that is, the superintendent of an institution, the commander of
					 a motivational boot camp or the director of a community corrections
					 center.
Inmate
-A person committed to the custody
					 of or confined by the Department.
Resident
-An inmate assigned to a community
					 corrections center.
Secretary
-The Secretary of the
					 Department.
The provisions of this §
												91.1 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 91 - ADMINISTRATION › Section 91.2 - Agency purpose

Current through Register Vol. 54, No. 28, July 13, 2024
It is the goal of the Department to operate its
					 institutions and programs to provide protection to the community, a safe and
					 humane environment and opportunities for rehabilitation for the
					 inmates.
The provisions of this §
												91.2 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 91 - ADMINISTRATION › Section 91.3 - Reception of inmates

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will accept and confine those persons
					 committed to it under lawful court orders which conform to
					 42 Pa.C.S. §
											9762
					 (relating to sentencing proceeding; place of confinement) when information has
					 been provided to the Department as required by
					 42 Pa.C.S. §
											9764
					 (relating to information required upon commitment and subsequent disposition).
					 The Department will also accept persons for whom transfer from other
					 correctional facilities has been approved in advance by the Secretary or a
					 designee, under section 1 of the act of July 11, 1923 (P. L. 1044, No. 425)
					 (61
					 P. S. §
											72). Commitments and transfers
					 will be accepted only during the facility's normal business hours, except upon
					 prior approval of the facility manager or a designee.
The provisions of this §
												91.3 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 91 - ADMINISTRATION › Section 91.4 - Catchment areas

Current through Register Vol. 54, No. 28, July 13, 2024
Male inmates committed to the custody of the Department
					 will be received at male diagnostic and classification centers and female
					 inmates will be received at female diagnostic and classification centers unless
					 granted other permission in advance by the Secretary or a
					 designee.
The provisions of this §
												91.4 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 91 - ADMINISTRATION › Section 91.6 - Use of force and restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Force
				  and restraints will be used by corrections personnel only to accomplish
				  legitimate penological and law enforcement objectives.
(1) A staff member may not use any greater
				  force against an inmate than is necessary to protect the staff member or others
				  from bodily harm or to protect property from damage or destruction or to
				  prevent a criminal act or to effect compliance with rules when other methods of
				  control are ineffective.
(2) A
				  staff member may only use deadly force against an inmate when that force is
				  necessary to prevent death, serious bodily harm to the staff member or others,
				  or to prevent one or more of the following:
(i) An escape from a correctional facility
				  other than a community corrections center or while in immediate pursuit of an
				  inmate escaping from a correctional facility other than a community corrections
				  center.
(ii) An escape from a work
				  detail, transport or other approved temporary absence when deadly force is
				  necessary to prevent the escape and the inmate has been convicted of an offense
				  involving the threat of physical force or violence against any
				  individual.
(3) A staff
				  member may use force against an inmate when he reasonably believes that force
				  is necessary to prevent the escape of an inmate or to recapture an escaped
				  inmate.
(4) Instruments of
				  restraint will only be used as a precaution against escape, as protection
				  against an inmate injuring himself or others or on medical grounds at a
				  doctor's direction.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Those portions of some Department directives and policy
						statements which concern the interaction of Department inmates and employees
						with the community at large are published. The full text of the directives and
						other policy statements are maintained in all Department
						facilities.
The provisions of this §
													93.1 amended under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.2 - Inmate correspondence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permitted correspondence
. Inmates are permitted to correspond
					 with friends, family members, attorneys, news media, legitimate business
					 contacts and public officials. There may be no limit to the number of
					 correspondents.
(b)
Restrictions
. The following restrictions apply:
(1) Correspondence with inmates of other
					 facilities, former inmates, probationers or victims of the criminal acts of the
					 inmate will not be permitted except upon approval of the facility manager or a
					 designee.
(2) Correspondence
					 containing threatening, obscene or explicit sexual material, or nudity as well
					 as correspondence containing criminal solicitation or furthering a criminal
					 plan or institution misconduct is prohibited.
(3) An inmate shall refrain from writing to
					 persons who have stated in writing that they do not wish to receive mail from
					 the inmate. This will not be interpreted to restrict the right of inmates to
					 correspond with public officials with respect to the official duties of the
					 latter.
(4) Correspondence with
					 prohibited parties through a third party is also prohibited.
(5) Mail addressed to an inmate organization
					 will not be accepted unless the facility manager and Secretary have approved
					 the organization and it is addressed to the staff coordinator of the
					 organization.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.3 - Inmate visiting privileges

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approved list of visitors
. A list of approved visitors may
					 contain up to 20 names or more if permitted by the Department. Inmates who can
					 show that they have more than the number of visitors permitted by the
					 Department may be permitted to add additional names to their approved lists.
					 Except for members of an inmate's immediate family, a minor's name may be
					 placed on the approved list only with permission of the minor's parents or
					 guardian. Children under 18 years of age may visit only when accompanied by an
					 adult approved by his parent or legal guardian and need not be placed
					 separately on the official list. A person may not be on more than one inmate's
					 visiting list except in cases when the person is part of the immediate family
					 of more than one inmate, unless special permission is granted by the facility
					 manager. Changes or additions to the approved list may be made in accordance
					 with established procedures. The name of a visitor may be removed for good
					 cause upon authorization by the facility manager.
(b)
Religious advisor
.
					 Designation by an inmate of a religious advisor as defined in §
											93.6 (relating to religious
					 activities) may be made at any time. The designation shall be in addition to
					 the names on the approved list and will not be counted against the total
					 approved by the Department.
(c)
Attorneys
. An inmate may designate attorneys for whom the
					 inmate desires visiting privileges at any time. The designation shall be in
					 addition to the names on the approved list and will not be counted against the
					 total approved by the Department.
(1) The
					 confidentiality of the attorney-client relationship will be honored. Personnel
					 will not be stationed in a manner as to be able to overhear normal
					 conversation.
(2) An attorney who
					 has been designated by an inmate as the inmate's legal advisor may permit
					 persons, such as law students or investigators to visit the inmate to act as
					 the attorney's agents. Each person shall present to the facility at the time of
					 the visit a written statement signed by the attorney on the letterhead of the
					 firm of the attorney identifying each person as the attorney's agent and
					 attesting that the visit is for the purpose of a legal consultation.
(3) Attorneys and their agents are subject to
					 the same rules and regulations as other visitors.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.4 - Purchase for inmates by family and friends

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Family and friends, who are on the
					 inmate's approved visiting list, may purchase approved items for inmates under
					 this section. The facility may disapprove and decline to accept any purchase
					 which does not meet this section.
(b) Only those items listed on the current
					 Approved Master Commissary List may be purchased from approved vendors. Copies
					 of the list are provided to the inmates. Publications may be purchased by means
					 of this procedure, but shall be subject to §
											93.2 (relating to inmate
					 correspondence).
(c) Purchases
					 shall be approved prior to the time the item is received by the
					 facility.
(d) Only those items
					 shipped directly from the vendor to the facility will be accepted.
(e) Unauthorized or disapproved items will be
					 returned to the sender at the expense of the inmate.
The provisions of this §
													93.4 amended under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186).