61 Pa.C.S. Ch. 61

in effect

61 Pa.C.S. § 6101 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: "Agent." A State parole agent appointed by the department. "Board." The Pennsylvania Parole Board. "Community corrections center." A residential program that is supervised and operated by the department in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities). "Community corrections facility." A residential facility operated by a private contractor that: (1) provides housing to offenders pursuant to a contract with the department; and (2) is operated in accordance with Chapter 50. "Conditions of supervision." Any terms or conditions of the offender's supervision, whether imposed by the court, the department or an agent, or promulgated by the board as a regulation, including compliance with all requirements of Federal, State and local law. "Contraband." Any item that the offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by any Federal, State or local law. "Court." A court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof or any magisterial district judge. "Crime of violence." The term shall have the same meaning given to it under 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses). "Evidence-based practices." Interventions and treatment approaches that have been proven effective through appropriate empirical analysis. "Exigent circumstances." The term includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle. "In good standing." An offender who is on parole or reparole shall be considered in good standing if the offender: (1) is in compliance with all conditions of supervision; (2) has not been arrested for or charged with a crime other than one from which he has been paroled or one for which he has served the sentence imposed and otherwise complied with all the sanctions imposed other than the payment of money; (3) is not subject to an active protection from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or an active protection from intimidation order under 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation); and (4) is in compliance with all legal requirements applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry. "Personal injury crime." The term shall have the meaning given to it under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. "Real property." Any residence or business property of a department-supervised offender, including all portions of the property to which the department-supervised offender has access. "Supervisor." Any individual acting in a supervisory or administrative capacity. "Victim." The term shall have the meaning given to it under section 103 of the Crime Victims Act. The term shall also include a member of the victim's family or the victim's representative if the victim is incapable of communicating or has died. (Dec. 18, 2019, P.L.776, No.115, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. Cross References. Section 6101 is referred to in section 5003 of this title; section 5702 of Title 18 (Crimes and Offenses); section 5702 of Title 30 (Fish).

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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).

61 Pa.C.S. § 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.

61 Pa.C.S. § 6113 Board action.

(a) Quorum.-- (1) A majority of the board shall constitute a quorum for transacting business and, except as otherwise provided in this chapter and Chapter 45 (relating to recidivism risk reduction incentive), a majority vote of those present at any meeting shall be sufficient for any official action taken by the board. One or more members of the board may attend and participate in any meeting via videoconferencing or similar virtual presence technology. (2) Except as provided in subsections (b), (c), (d) and (e), Chapter 45 and section 6137.1 (relating to short sentence parole), no person shall be paroled or discharged from parole or have his parole revoked, except by a majority of the entire membership of the board. (b) Panel decisions.--The board may make decisions on parole, reparole, return or revocation in panels of two persons. A panel shall consist of one board member and one hearing examiner or of two board members. Panels shall be appointed by the chairperson or the chairperson's designee. A panel may act without meeting. A panel may meet and take action via videoconferencing or similar virtual presence technology, with the exception of in-person testimony under section 502 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. (c) Disagreement within panel.-- (1) If there is disagreement on a decision to parole between the members of a panel, the matter shall be decided by a board member appointed by the chairperson or the chairperson's designee, who shall concur with one of the original panel members. (2) If there is disagreement on a revocation decision between the members of the panel, the matter shall be decided by three board members appointed by the chairperson or the chairperson's designee; at least two of these members must not have been on the disagreeing panel, if practicable. (d) Appeal.-- (1) An interested party may appeal a revocation decision within 30 days of the board's order. The decision shall be reviewed by three board members appointed by the chairperson or the chairperson's designee. (2) If practicable, at least two of the board members reviewing the decision must not have been on the panel whose decision is being appealed. The three board members deciding the appeal may affirm, reverse or remand the decision of the panel or may order the matter be heard de novo. (e) Decision without review.--Subject to the provisions of section 6137(g) (relating to parole power), the board or its designee may issue a decision to parole an eligible offender as defined under section 4503 (relating to definitions) without further review by the board. (f) Decision accountability.--The board shall develop, adopt and periodically update as deemed necessary, a parole decisional instrument that is tested prior to implementation, which incorporates evidence-based practices to assist and inform the board's professional judgment in the parole decision-making process. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

61 Pa.C.S. § 6114 Salaries of board members.

The Executive Board shall determine the salaries to be paid to the members of the board.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 6119 District directors (Repealed).

2021 Repeal. Section 6119 was repealed June 30, 2021, P.L.260, No.59, effective immediately.

61 Pa.C.S. § 6120 District office employees (Repealed).

2021 Repeal. Section 6120 was repealed June 30, 2021, P.L.260, No.59, effective immediately.

61 Pa.C.S. § 6121 Disciplinary action (Repealed).

2021 Repeal. Section 6121 was repealed June 30, 2021, P.L.260, No.59, effective immediately.

61 Pa.C.S. § 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.

61 Pa.C.S. § 6123 Advisory committee (Repealed).

2019 Repeal. Section 6123 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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.

61 Pa.C.S. § 6133 Probation services (Repealed).

2021 Repeal. Section 6133 was repealed June 30, 2021, P.L.260, No.59, effective immediately.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 6137 Parole power.

(a) General criteria for parole.-- (1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) or subject to section 6137.1 (relating to short sentence parole) and such information developed by or furnished to the board under section 6174 (relating to right of access to offenders), or both, and may release on parole any offender to whom the power to parole is granted to the board by this chapter, except an offender condemned to death or serving life imprisonment, whenever in its opinion: (i) The best interests of the offender justify or require that the offender be paroled. (ii) It does not appear that the interests of the Commonwealth will be injured by the offender's parole. (2) Parole shall be subject in every instance to the Commonwealth's right to immediately retake and hold in custody without further proceedings any offender charged after his parole with an additional offense until a determination can be made whether to continue his parole status. (3) The power to parole granted under this section to the board may not be exercised in the board's discretion at any time before, but only after, the expiration of the minimum term of imprisonment fixed by the court in its sentence or by the Board of Pardons in a sentence which has been reduced by commutation. (3.1) (i) Following the expiration of the offender's minimum term of imprisonment, if the primary reason for not paroling the offender is the offender's inability to access and complete prescribed programming within the correctional institution, the board may release the offender on parole with the condition that the offender complete the prescribed programming while on parole. (ii) This paragraph shall not apply to offenders who are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses) or for a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). (iii) For those offenders to whom subparagraph (ii) is applicable, the board may release the offender on parole if the offender is subject to another jurisdiction's detainer, warrant or equivalent writ. (4) Unless the offender has served at least one year in a community corrections center or community corrections facility, the board shall not act upon an application of an offender who is granted clemency by the Governor, is subject to parole supervision and: (i) whose term of imprisonment was commuted from life to life on parole; (ii) who was serving a term of imprisonment for a crime of violence; or (iii) who is serving a sentence under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms). (5) Upon parole, an offender subject to paragraph (4) shall: (i) be subject to weekly supervision for the first six months of parole; and (ii) have any violations of a condition of parole immediately made known to the Board of Pardons. This subparagraph shall apply to all offenders under supervision by other jurisdictions under Subchapter B of Chapter 71 (relating to interstate compact for the supervision of adult offenders). (b) Cases involving deviations from guidelines.--In each case in which the board deviates from the guidelines established under 42 Pa.C.S. § 2154.5, the board shall provide a contemporaneous written statement of the reason for the deviation from the guidelines to the commission as established under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties). The board may develop and use internal decisional instruments. This subsection shall not be construed to prevent the board from also developing forms or other documents, policies and procedures consistent with this chapter, including internal decisional instruments. (c) Administrative parole.--(Deleted by amendment). (d) Recidivism risk reduction incentive minimum.--The board shall have the power and its duty shall be to comply with the requirements of section 4506 (relating to recidivism risk reduction incentive minimum). (d.1) Short sentence parole.--The board shall have the power and its duty shall be to comply with the requirements of section 6137.1 (relating to short sentence parole). (e) Drug screening tests.-- (1) The department may not release an offender on parole unless the offender achieves a negative result within 45 days prior to the date of release in a screening test approved by the Department of Health for the detection of the presence of controlled substances or designer drugs under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (2) (Deleted by amendment). (3) Every offender who is released on parole who, prior to release, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, shall, without further action of the board, be subject to an ongoing condition that the offender achieve negative results in drug screening tests randomly applied. (i) (Deleted by amendment). (ii) (Deleted by amendment). (iii) (Deleted by amendment). (4) For an offender who was not paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, the board may establish, as a condition of supervision, that the offender achieve negative results in drug screening tests randomly conducted. The offender shall be responsible for testing costs. (f) Crimes of violence.--The board may not order the release of an offender on parole who is sentenced after February 19, 1999, and is serving a sentence for a crime of violence unless the offender has received instruction from the department on the impact of crime on victims and the community. (g) Procedures for Recidivism Risk Reduction Incentive.-- (1) The department shall identify all offenders committed to the custody of the department that meet the definition of an eligible offender. (2) Upon identification of an inmate as an eligible offender, as defined under section 4503 (relating to definitions), the department shall send notice to the board. The board shall send notice to the prosecuting attorney and the court no less than six months before the expiration of the offender's minimum sentence indicating that the department has preliminarily identified the offender as an eligible offender. The notice shall be sent by United States mail unless the board, the court and the prosecutor have consented to receipt of notice via electronic means. For offenders committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, the department shall give prompt notice. (2.1) The department shall provide the board all information related to the offender's adjustment while incarcerated, misconducts, if any, information related to programming and treatment, including success, completion or failure to complete, or any other information the department deems relevant. The board shall send such information to the prosecuting attorney and to the court no less than six months before the expiration of the offender's minimum sentence. The notice may be sent electronically. For offenders committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, such information shall be sent at the same time prompt notice under paragraph (2) is given. (3) Within 30 days of receipt of notice under paragraph (2), the court or prosecuting attorney may file with the board a written objection to the department's preliminary identification of the offender as an eligible offender. Notice of the objection shall be provided to the department and the board. (4) If no notice of objection has been filed under paragraph (3), the eligible offender shall be paroled at the minimum date upon a determination by the board or the board's designee that all of the following apply: (i) The department certified that the offender has maintained a good conduct record and continues to remain an eligible offender under section 4503. (ii) The reentry plan for the offender is adequate. (iii) Individual conditions and requirements for parole have been established for the offender. (iv) There is no reasonable indication that the offender poses a risk to public safety. (5) If the court or prosecuting attorney files a timely objection under paragraph (3), the board shall make a determination as to whether the offender is an eligible offender. The board shall notify the department, prosecuting attorney and court of its determination no later than 30 days prior to the minimum parole date. If the board determines that the offender is an eligible offender under this chapter, the board shall follow the provisions under paragraph (4). If the board determines that the offender is not an eligible offender under section 4503 (relating to definitions), the board shall retain exclusive jurisdiction to grant parole and shall determine whether the offender should be paroled at the minimum date, paroled at a later date or denied parole. (6) Nothing in this subsection shall be construed as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). (7) Except as provided under this subsection, nothing in this chapter shall otherwise affect the powers and duties of the board or the department. (h) Power to recommit.-- (1) The board may, during the period for which an offender shall have been sentenced, recommit the offender, if paroled, for violation of the terms and conditions of his parole and from time to time to reparole and recommit in the same manner and with the same procedure as in the case of an original parol or recommitment if, in the judgment of the board: (i) There is a reasonable probability that the offender will be benefited by paroling the offender again. (ii) It does not appear that the interests of the Commonwealth will be injured by paroling the offender again. (2) In exercising these powers, the board shall consider any applicable recommitment ranges established by the commission under 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by board). (i) Cases involving deviations from guidelines.--In each case in which the board deviates from the recommitment ranges established under 42 Pa.C.S. § 2154.6, the board shall provide a contemporaneous written statement of the reason for the deviation from the recommitment ranges to the commission, as established under 42 Pa.C.S. § 2153(a)(14). (j) Notice to county probation department.--When the board releases an offender from a correctional facility, the board shall provide written notice to the probation department located in the county where the sentencing order was imposed of the release and new address of the offender. (k) Definitions.--(Deleted by amendment). (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References. Section 6137 is referred to in sections 4506, 6113, 6137.1 of this title.

61 Pa.C.S. § 6137.1 Short sentence parole.

(a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of two years or less or a recidivism risk reduction incentive minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or less, whichever is shorter. Regardless of sentence imposed, this section does not apply to: (1) persons committed for or with an aggregate sentence containing a personal injury crime, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a personal injury crime as defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act; (1.1) persons committed for or with an aggregate sentence containing a crime of violence, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses); (2) persons committed for or with an aggregate sentence containing an offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense; (3) persons committed for or with an aggregate sentence containing an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or where the attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (4) persons committed for or with an aggregate sentence containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense: 18 Pa.C.S. § 4302(a) (relating to incest). 18 Pa.C.S. § 5901 (relating to open lewdness). 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child sexual abuse material). A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms). An offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). An offense listed under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued registration of sexual offenders). (5) persons committed for or with an aggregate sentence containing an offense of drug trafficking as defined in section 4103 (relating to definitions) or a criminal attempt, criminal solicitation or criminal conspiracy to commit drug trafficking as defined in section 4103; (6) persons awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the person to become ineligible under this subsection; (7) persons who are currently serving a sentence to State prison and have been denied parole on that sentence; (8) persons convicted of any criminal offense committed while incarcerated; or (9) any person who the board, in its discretion, determines should be excluded from this section because: (i) there exists an identifiable threat to public safety; or (ii) inclusion substantially jeopardizes the rehabilitative needs of the person. (b) Approval of parole.--The board shall, without requiring an interview, approve for parole a person eligible for short sentence parole under this section at the expiration of the person's minimum date or recidivism risk reduction incentive minimum date, whichever is shorter. If the person was committed to the department after expiration of the person's minimum date, the board shall approve the person for parole within 30 days after commitment to the department. (b.1) Misconduct.--Notwithstanding subsection (b), a person shall not be eligible for short sentence parole under this section if the person has: (1) been found guilty of a major disciplinary infraction while confined in a county correctional institution or State correctional institution; or (2) a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an underlying felony charge. (c) Nonapplicability.--The requirements of sections 6135 (relating to investigation of circumstances of offense), 6137(a)(3.1), (e)(1), (f) and (g) (relating to parole power) and 6139 (relating to parole procedure) and section 1101(e) of the Crime Victims Act do not apply to paroles under this section. (d) Assessment.--The department shall provide a risk-and-needs assessment to the board, and the board shall establish initial conditions of parole based on the assessment. (e) Applicability.--This section shall only apply to persons sentenced after the effective date of this section. (f) Reports.--The Pennsylvania Commission on Sentencing shall provide a report to the General Assembly on cost savings and recidivism attributed to this section as follows: (1) No later than two years after the effective date of this section. (2) No later than two years after the report issued under paragraph (1). (g) Procedures.--The board shall adopt procedures to carry out this section. (h) Definition.--As used in this section, the term "major disciplinary infraction" means the violation: (1) was sexual in nature; (2) involved assaultive behavior or included a credible threat to cause bodily injury to another; (3) involved possession or control of a weapon; or (4) involved escape or possessing implements of escape. (Dec. 18, 2019, P.L.776, No.115, eff. imd.; Oct. 29, 2024, P.L.1095, No.125, eff. 60 days) 2024 Amendment. Act 125 amended subsec. (a)(4). 2019 Amendment. Act 115 added section 6137.1. Section 26 of Act 115 provided that the addition of section 6137.1 shall not be interpreted to create a right to parole or a liberty interest. The Commonwealth and its agencies shall not be subject to suit for failure to grant parole under section 6137.1. Cross References. Section 6137.1 is referred to in sections 4105, 6113, 6137, 6139 of this title; section 2153 of Title 42 (Judiciary and Judicial Procedure).

61 Pa.C.S. § 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.

61 Pa.C.S. § 6138 Violation of terms of parole.

(a) Convicted violators.-- (1) The board may, at its discretion, revoke the parole of a paroled offender if the offender, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment, for which the offender is convicted or found guilty by a judge or jury or to which the offender pleads guilty or nolo contendere at any time thereafter in a court of record. (1.1) In addition to paragraph (1), a parolee under the jurisdiction of the board released from a correctional facility who, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere or of any misdemeanor of the third degree or of any of the following offenses where graded as a summary offense, may at the discretion of the board be recommitted as a parole violator: (i) Possession of a firearm in a court facility under 18 Pa.C.S. § 913(b)(3) (relating to possession of firearm or other dangerous weapon in court facility). (ii) Harassment under 18 Pa.C.S. § 2709 (relating to harassment). (iii) Retail theft under 18 Pa.C.S. § 3929 (relating to retail theft). (iv) Disorderly conduct under 18 Pa.C.S. § 5503 (relating to disorderly conduct). (v) Public drunkenness under 18 Pa.C.S. § 5505 (relating to public drunkenness and similar misconduct). (vi) Cruelty to animals under 18 Pa.C.S. § 5533 (relating to cruelty to animal). (vii) Aiding or abetting a minor to commit truancy under 18 Pa.C.S. § 6301 (relating to corruption of minors). (viii) Selling or furnishing nonalcoholic beverages to minors under 18 Pa.C.S. § 6310.7 (relating to selling or furnishing nonalcoholic beverages to persons under 21 years of age). (2) If the offender's parole is revoked, the offender shall be recommitted to serve the remainder of the term which the offender would have been compelled to serve had the parole not been granted and, except as provided under paragraph (2.1), shall be given no credit for the time at liberty on parole. (2.1) The board may, in its discretion, award credit to an offender recommitted under paragraph (2) for the time spent at liberty on parole, unless any of the following apply: (i) The crime committed during the period of parole or while delinquent on parole is a crime of violence or a crime listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders). (ii) The offender was recommitted under section 6143 (relating to early parole of offenders subject to Federal removal order). (2.2) Credit awarded under paragraph (2.1) is subject to forfeiture under this section if an offender is subsequently recommitted as a convicted parole violator. (2.3) A parolee is at liberty on parole when the parolee is residing at a community corrections center, community corrections facility or group-based home for purposes of this section. This paragraph does not apply to parolees detained on the board's warrant or recommitted as a technical parole violator to a community corrections center or community corrections facility. (3) The board may, in its discretion, reparole whenever, in its opinion, the best interests of the offender justify or require the offender's release on parole and it does not appear that the interests of the Commonwealth will be injured thereby. (4) The period for which the offender is required to serve shall be computed by the board and shall begin on the date that the parole violator is taken into custody to be returned to the institution as an offender. (5) If a new sentence is imposed on the offender, the service of the balance of the term originally imposed by a Pennsylvania court shall precede the commencement of the new term imposed in the following cases: (i) If a person is paroled from a State correctional institution and the new sentence imposed on the person is to be served in the State correctional institution. (ii) If a person is paroled from a county prison and the new sentence imposed upon him is to be served in the same county prison. (iii) In all other cases, the service of the new term for the latter crime shall precede commencement of the balance of the term originally imposed. (5.1) If the offender is sentenced to serve a new term of total confinement by a Federal court or by a court of another jurisdiction because of a verdict or plea under paragraph (1), the offender shall serve the balance of the original term before serving the new term. (6) Any offender upon recommitment to a correctional facility shall be sent to the institution designated by the secretary or a designee. (i) (Deleted by amendment). (ii) (Deleted by amendment). (b) Subsequent arrest.-- (1) The formal filing of a charge after parole against an offender within this Commonwealth for any violation of the laws of this Commonwealth shall constitute an automatic detainer and permit the offender to be taken into and held in custody. (2) The automatic detainer shall dissolve 15 days after the offender is taken into custody unless sooner waived or otherwise superseded by direction of the department or its designee. (3) The automatic detainer shall be in addition to and not in lieu of any other detainer that prior to the effective date of this chapter may have been lodged in such circumstances. (c) Technical violators.-- (1) Subject to paragraph (1.3), an offender under the jurisdiction of the board who violates the terms and conditions of his parole, other than a convicted violator who has parole revoked under subsection (a), may be detained pending a hearing before the board or waiver of the hearing or recommitted after a hearing before the board or a waiver of the hearing. Detention and recommitment under this paragraph shall be in a community corrections center, community corrections facility or any secured facility operated or contracted by the department. (i) (Deleted by amendment). (ii) (Deleted by amendment). (iii) (Deleted by amendment). (iv) (Deleted by amendment). (v) (Deleted by amendment). (1.1) (Deleted by amendment). (1.2) Notwithstanding paragraph (1) and subject to paragraph (1.3), an offender under the jurisdiction of the board who violates the terms and conditions of his parole, other than a convicted parole violator who has parole revoked under subsection (a), may be arrested and detained without revocation of parole under a program to impose swift, predictable and brief sanctions. The program shall provide for immediate detention in a community corrections center, community corrections facility or any secured facility operated or contracted by the department for a period not to exceed seven days. The board shall adopt procedures governing appropriate detention under this paragraph, including identifying which offenders are eligible for the program and providing warnings to offenders to clearly communicate expectations and consequences. (1.3) If the board determines that one of the following conditions is present regarding an offender who violates the terms and conditions of parole, the offender shall not be eligible for detention under paragraph (1.2) and shall be detained in or recommitted to a State correctional institution or contracted county jail: (i) The violation was sexual in nature. (ii) The violation involved assaultive behavior or included a credible threat to cause bodily injury to another. (iii) The violation involved possession or control of a weapon. (iv) The offender has absconded and the offender cannot be safely diverted to a community corrections center, community corrections facility or any secured facility operated or contracted by the department. (v) There exists an identifiable threat to public safety, and the offender 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 offender cannot be safely diverted to a community corrections center, community corrections facility or any secured facility operated or contracted by the department. (1.4) Every offender's placement in a community corrections center, community corrections facility or parole violator center shall be subject to a condition that the offender comply with the rules of conduct applicable to the place where the offender is housed. The department may, at its discretion, place an offender accused of violating the rules of conduct in a State correctional institution or contracted county jail, pending an investigation or disciplinary hearing, or serve a disciplinary sanction under the department's procedures, or both. (2) If the offender is recommitted under this subsection, the offender shall be given credit for the time served on parole in good standing but with no credit for delinquent time and may be reentered to serve the remainder of the original sentence or sentences. Credit awarded to a technical parole violator for time served on parole in good standing is subject to forfeiture if the offender is subsequently recommitted as a convicted parole violator. (3) The remainder shall be computed by the board from the time the offender's delinquent conduct occurred for the unexpired period of the maximum sentence imposed by the court without credit for the period the offender was delinquent on parole. The offender shall serve the remainder so computed from the date the offender is taken into custody by the department's agent. (4) Subject to subsection (e), the offender shall be subject to reparole by the board whenever in its opinion the best interests of the offender justify or require the offender being reparoled and it does not appear that the interests of the Commonwealth will be injured reparoling the offender. (5) Parole violators shall be supervised in accordance with evidence-based practices that may include: (i) Consideration of whether the offender poses a risk of safety to the community or himself. (ii) The department's capacity to deliver programs that address criminal thinking behavior and related crime-producing factors. (iii) Use of community-based sanctioning alternatives to incarceration. (iv) Use of a graduated violation sanctioning process. (v) Recommitment to: (A) a State correctional institution; (B) a contracted county jail; (C) a community corrections center; (D) a community corrections facility; or (E) a parole violator center. (6) (Deleted by amendment). (7) (Deleted by amendment). (8) An offender released from a county correctional facility by a parole order issued by a sentencing court, but supervised by the department, who violates the conditions of parole other than by the commission of a new crime of which the offender is convicted or found guilty by a judge or jury or to which the offender pleads guilty or nolo contendere in a court of record may be detained pending a hearing before the sentencing court or a waiver of the hearing. Detention and recommitment under this paragraph shall be to the county correctional facility from which the offender was released. (d) Recommitment to correctional facility.--A technical parole violator recommitted to a State correctional institution or a contracted county jail under subsection (c) shall be recommitted as follows: (1) If paroled from a county prison, to the same institution or to any other institution to which the offender may be legally transferred. (2) If paroled from a State correctional institution, to any State correctional institution, parole violator center or contracted county jail designated by the department. (3) Except as set forth in paragraph (4) or (5), the offender shall be recommitted for one of the following periods, at which time the offender shall automatically be reparoled without further action by the board: (i) For the first recommitment under this subsection, a maximum period of six months. (ii) For the second recommitment under this subsection for the same sentence, a maximum of nine months. (iii) For the third or subsequent recommitment under this subsection for the same sentence, a maximum of one year. (4) The offender may be reparoled by the board prior to expiration of the time period under paragraph (3) if the board determines that it is in the best interest of the Commonwealth and the offender. (5) The time limit under paragraph (3) shall not be applicable to an offender who: (i) committed a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substances; (ii) spent more than 90 days in segregated housing due to one or more disciplinary infractions; or (iii) refused programming or a work assignment. (e) Recommitment to community corrections center, community corrections facility or parole violator center.-- (1) A technical violator recommitted to a community corrections center, community corrections facility or parole violator center under subsection (c) shall be recommitted for a maximum period of six months, after which the offender shall automatically be reparoled without further action by the board. (2) An offender under paragraph (1) may be reparoled by the board prior to expiration of the six-month period if the board determines that it is in the best interest of the Commonwealth and the offender. (3) This subsection shall not apply to an offender who: (i) commits a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substances; (ii) spends more than 61 days in segregated housing due to one or more disciplinary infractions; (iii) refuses programming or a work assignment; or (iv) is not in compliance with all legal requirements applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry. (f) Definitions.--(Deleted by amendment). (Oct. 27, 2010, P.L.931, No.95, eff. imd.; July 5, 2012, P.L.1050, No.122; Dec. 18, 2019, P.L.776, No.115; 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. Cross References. Section 6138 is referred to in sections 102, 5003, 6139 of this title; section 2153 of Title 42 (Judiciary and Judicial Procedure).

61 Pa.C.S. § 6139 Parole procedure.

(a) Specific requirements.-- (1) The board may, subject to the provisions and limitations set forth in section 6138 (relating to violation of terms of parole), grant parole on its own motion whenever in its judgment the interests of justice require the granting of parole. (2) The board shall consider applications for parole by an offender or the offender's attorney. (3) Notwithstanding the provisions of paragraph (2), the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney where a parole decision has been issued by the board on that case within one year of the date of the current application for parole. (3.1) Notwithstanding paragraphs (2) and (3), the board shall not be required to consider nor to dispose of an application by an offender or an offender's attorney in the case of an offender sentenced under 18 Pa.C.S. § 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer) if a parole decision has been issued by the board within five years of the date of the current application. (3.2) Nothing under this section shall be interpreted as granting a right to be paroled to any offender, and a decision by the board and its designees relating to an offender sentenced under 18 Pa.C.S. § 1102.1 may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). (3.3) The following apply: (i) Notwithstanding the provisions of paragraphs (2) and (3), if a parole decision has been issued by the board within three years of the date of the current application, the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney in the case of an offender sentenced under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses): Section 2502(c) (relating to murder). Section 2503 (relating to voluntary manslaughter). Section 2901(a.1) (relating to kidnapping). Section 3011(b) (relating to trafficking in individuals). Section 3012 (relating to involuntary servitude). Section 3121 (relating to rape). Section 3122.1(b) (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault). Section 3124.2(a.1) (relating to institutional sexual assault). Section 3125 (relating to aggravated indecent assault). Section 3126(a)(7) (relating to indecent assault). Section 4302(b) (relating to incest). (ii) Nothing under this paragraph shall be interpreted as granting a right to be paroled to any person, and a decision by the board and its designees relating to a person sentenced to an offense as set forth under this paragraph may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. (3.4) The following apply: (i) Notwithstanding the provisions of paragraphs (2) and (3), if a parole decision has been issued by the board within three years of the date of the current application, the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney in the case of an offender designated as a sexually violent predator under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders). (ii) Nothing under this section shall be interpreted as granting a right to be paroled to any person, and a decision by the board and its designees relating to a person designated as a sexually violent predator may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. (4) Hearings of applications may be held by the board whenever in its judgment hearings are necessary. Reasonable rules and regulations shall be adopted by the board for the presentation and hearing of applications for parole. (5) The board shall comply with the following relating to decisions of the board: (i) If an incarcerated person is paroled by the board, the board shall provide a brief statement of the reasons for the board's approval and set conditions and requirements of parole. (ii) If an incarcerated person is denied parole, the board shall provide a brief statement of the reasons for the board's refusal. (iii) If the board denies parole and sets a subsequent review date, the board shall provide to the incarcerated person areas of emphasis that will be considered for purposes of making the board's future paroling decision, including recommended programming, behavior standards and compliance standards. (iv) A board decision shall be recorded and filed in the offices of the board. (v) The decision shall be given to the incarcerated person and at reasonable times be releasable to the public. (6) In no case shall parole be granted unless a board member, hearing examiner or other person so designated by the board shall have seen and heard the offender in person in regard thereto within six months prior to the granting or dismissal thereof. Such in-person interviews may be conducted via videoconferencing or similar virtual presence technology. This requirement does not apply to paroles under section 6137.1 (relating to short sentence parole). (7) The board shall dispose of an application within six months of its filing. esence technology, any in-person victim testimony under section 6140 (relating to victim statements, testimony and participation in hearing) or under section 502(b) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. Nothing in this section shall be construed to limit or reduce the rights of victims under section 6140 or under section 502(b) of the Crime Victims Act. (c) Notice to district attorney.--At least ten days before paroling an offender on its own motion, the board shall give written notice of the contemplated parole to the district attorney of the county in which the offender was sentenced, and, in cases of hearings on applications for parole as provided for in this section, at least ten days' written notice of the time and place fixed for such hearing shall be given either by the board or by the offender or the offender's attorney, as the board shall direct, to the court and district attorney of the county in which the offender was sentenced. (Oct. 25, 2012, P.L.1655, No.204; Dec. 18, 2019, P.L.776, No.115, eff. 120 days; Nov. 25, 2020, P.L.1219, No.124, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2020 Amendment. See section 2 of Act 124 in the appendix to this title for special provisions relating to applicability. Cross References. Section 6139 is referred to in sections 6137.1, 6140 of this title.

61 Pa.C.S. § 6140 Victim statements, testimony and participation in hearing.

(a) Duty of district attorney to provide notice.-- (1) The victim of the offense for which an offender is sentenced shall be notified by the district attorney immediately following sentencing, in cases where the defendant has been sentenced to a term of imprisonment, that the victim and family member shall have the opportunity to present a statement for the parole report to be considered at the parole hearing or to testify to the board expressing his opinion concerning the release of the offender. (2) The district attorney shall provide notice to a member of the immediate family of the victim if the victim: (i) is a juvenile; (ii) is incapable of testifying; or (iii) died as a result of the offender's conduct. (b) Notice of intent to submit statement.--In order to submit a statement under subsection (a), a victim and family member must notify the board through the Office of Victim Advocate of the victim's and family member's intention to do so and provide and keep current an appropriate mailing address with the Office of Victim Advocate. (c) Contents of parole statement.--The parole statement may include discussion concerning: (1) The continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim. (2) The extent of any loss of earnings or ability to work suffered by the victim. (3) The continuing effect of the crime upon the victim's family. (d) Notice to persons who previously contacted the Office of Victim Advocate.-- (1) At the time public notice is given that an offender is being considered for parole pursuant to this section, the Office of Victim Advocate shall also notify any victim or nearest relative who has previously contacted the Office of Victim Advocate of the opportunity to provide a statement for inclusion in the parole report or to present testimony for inclusion at the parole hearing. (2) The Office of Victim Advocate shall notify the victim and family member identified under paragraph (1) at that person's last known mailing address. The notification required by this section shall be given by the Office of Victim Advocate in the case of a parole to be granted pursuant to section 6139 (relating to parole procedure) or by the court in the case of a parole to be granted pursuant to section 6172 (relating to probation services). (e) Notice of intent to present testimony.--The victim and family member shall notify the Office of Victim Advocate which shall notify within 30 days from the date of the notice of his intent to present testimony at the parole hearing. This time period may be waived by the Office of Victim Advocate for good cause. (f) Referral to hearing examiner.--If the victim and family member submits a written statement to the board through the Office of Victim Advocate subsequent to notice, the statement shall be made a part of the board's file on the offender, and the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings. (g) Assignment to hearing examiner.--If the victim and family member informs the board through the Office of Victim Advocate subsequent to notice being provided that they intend to testify, the chairperson shall assign the offender's case to a hearing examiner for the purpose of receiving the person's testimony. (h) Hearing procedure.-- (1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received notification of the intent to offer testimony. (2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee. Notice of the time, place and date of the hearing shall be provided by the Office of Victim Advocate to the victim and family member, in writing, and shall be provided at least ten days prior to the hearing date. (3) The hearing shall be recorded by an electronic recording device. (4) The hearing examiner shall prepare a written statement within a reasonable time prior to the hearing date. A copy of the statement shall be forwarded to the person offering testimony. A copy of the report shall be made a part of the board's file on the offender. (5) Upon completion of the written statement, the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings. (6) (i) The hearing scheduled pursuant to this section shall be conducted, when possible, prior to a parole release hearing and prior to the board rendering a decision. (ii) Nothing in this section shall be construed to preclude the board from conducting a timely parole release hearing. (7) After submission of the statement, the board shall within a reasonable time: (i) Evaluate the information provided. (ii) Determine whether the decision shall be affirmed or modified. (iii) Determine whether a rescission hearing shall be conducted. (iv) Notify the offender in writing of its decision. (8) Notwithstanding any other provision of law, any and all statements or testimony of the victim and family member submitted to the board or the Office of Victim Advocate pertaining to: (i) the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim; (ii) the extent of any loss of earnings or ability to work suffered by the victim; and (iii) the continuing effect of the crime upon the victim's family: (A) Shall be deemed confidential and privileged. (B) Shall not be subject to subpoena or discovery. (C) Shall not be introduced into evidence in any judicial or administrative proceeding. (D) Shall not be released to the offender. (9) All records maintained by the board or the Office of Victim Advocate pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential. (10) Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim. (11) A victim and the family member who has submitted a written statement for the parole report or testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate of the final decision rendered in the offender's case. (12) If the final decision is to not release the offender and if, subsequent to that decision, additional parole release hearings are conducted for that same offender, then the victim and family member who has submitted a written statement for the parole report or who has testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate at the last known address if and when additional parole hearings are scheduled by the board. (i) Victim and family member.--The term "victim and family member" shall be interpreted and applied to include all victims and family members and shall not be interpreted or applied to exclude any victim, victim's representative or family member who wishes to submit a statement, testify or otherwise participate under this section. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References. Section 6140 is referred to in sections 6134.1, 6135, 6139, 6173 of this title.

61 Pa.C.S. § 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.)

61 Pa.C.S. § 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.

61 Pa.C.S. § 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).

61 Pa.C.S. § 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.

61 Pa.C.S. § 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. References in Text. The Pennsylvania Board of Probation and Parole, referred to in subsec. (a)(2), was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).

61 Pa.C.S. § 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.

61 Pa.C.S. § 6164 Regulations.

The department shall promulgate regulations necessary to carry out the purposes of this subchapter.

61 Pa.C.S. § 6171 Powers and duties of department.

(a) Powers and duties.--The department shall have the following powers and duties: (1) To first and foremost seek to protect the safety of the public, to supervise any offender released on parole by order of the board and to arrest, to detain in a department facility and to report to the board for a determination whether to revoke parole and recommit an offender who fails to comply with the conditions of supervision, including, but not limited to, the alleged commission of a new crime. (2) To enforce the conditions of supervision established by the board as well as the power to impose and enforce additional conditions of supervision on an offender and the power to, with the consent of the board, amend or terminate mandatory conditions of suspension established by the board. Conditions not designated as mandatory by the board do not require consent of the board. (3) The imposition, modification or termination of a condition of supervision must be based on the risk presented by and the rehabilitative needs of the offender and the impact the termination or modification will have on public safety. (4) To supervise any offender placed on parole, when sentenced to a maximum period of less than two years, by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the department, in which case the parole case shall be known as a special case and the authority of the department with regard thereto shall be the same as provided in this chapter with regard to parole cases within one of the classifications set forth in this chapter. (5) To furnish to the board no fewer than 90 days prior to a scheduled parole interview, or if such interview is scheduled to be held within fewer than 90 days, as quickly as possible after the department is informed of such interview, reports concerning the conduct of offenders under the department's supervision or in its custody together with any other facts deemed pertinent in aiding the board to determine whether such offenders shall be paroled. (6) To pay the costs of preparole drug screening tests for offenders subject to the parole release jurisdiction of the board. The department shall establish rules and regulations for the payment of these costs and may limit the types and costs of these screening tests that would be subject to payment by the department. (7) To determine when an offender, subject to random drug screening tests as a condition of supervision, shall be tested. The offender undergoing the tests shall be responsible for the costs of the tests. The money collected for the tests shall be applied against the contract for such testing. (8) To supervise and make presentence investigations and reports as provided by law. (9) To collect and maintain copies of all presentence investigations and reports. (10) To collect, compile and publish statistical and other information relating to probation and parole work in all courts and such other information the department may deem of value in probation service. (11) To establish, by regulation, uniform Statewide standards for: (i) Presentence investigations. (ii) The supervision of probationers. (iii) The qualifications for probation personnel. (iv) Minimum salaries. (v) Quality of probation service. (vi) The standards for the qualifications of probation personnel shall only apply to probation personnel appointed after the date the standards are established. Should any probation personnel appointed prior to the date the standards were established fail to meet the standards, the court having jurisdiction of such personnel may request the department to establish in-service training for them in accordance with the standards. (12) To adopt regulations establishing criteria for department acceptance of cases for supervision and presentence investigations from counties that on December 31, 1985, maintained adult probation offices and parole systems. (13) To enter into contracts for purchasing community services to assist parolees, supplement existing programs and provide for the continuous electronic monitoring of offenders. (14) To establish and provide for intensive supervision units and day reporting centers for the supervision of offenders. (15) To provide information as required under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties of commission) as requested by the commission. (16) To incorporate evidence-based practices into the supervision of offenders. (17) To coordinate the reentry of offenders into the community using evidence-based practices that are effective in reducing recidivism. (18) To conduct research to identify, to be informed of and to apply recognized evidence-based parole supervision practices that promote public safety and reduce recidivism. (19) To conduct outcome and performance analyses on implemented department programs and practices to enhance public safety through reduced recidivism. (20) To administer administrative parole. (21) To adopt regulations establishing specific composition, functions and responsibilities for citizens advisory committees and to receive reports, recommendations or other input concerning parole policies and parole-related concerns from the committees on a regular basis. (22) Designate community corrections centers or community corrections facilities where parolees are to be housed. (23) Determine whether parolees are to be housed in a secured or unsecured portion of a community corrections center or community corrections facility. (b) Administrative parole.-- (1) An eligible offender shall be placed on administrative parole one year after release on parole and until the maximum sentence date if the department's supervision staff determines that there is no substantial information indicating dangerousness or that placement on administrative parole would compromise public safety or that continued supervision would otherwise benefit the offender and: (i) the eligible offender has not violated the terms and conditions of the eligible offender's parole; or (ii) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole. (2) An eligible offender placed on administrative parole shall continue to be subject to recommitment at the board's discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date. (3) An eligible offender placed on administrative parole shall do all of the following: (i) Make supervision contact at least one time per year. (ii) Provide updated contact information upon a change in residence or employment. (iii) Continue to pay any restitution owed. (iv) Comply with other requirements imposed by the department. (c) Exception.--Except in special cases, the powers and duties conferred under this section shall not extend to offenders confined in a county correctional facility under 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement). (d) Notice to parolees of intercepted communications.--Upon being granted parole, an offender shall be provided written notice that any communication made in the presence of an agent may be intercepted by an agent using an electronic, mechanical or other device which has been approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices). (Nov. 24, 2025, P.L.326, No.53, eff. 60 days) 2025 Amendment. Act 53 added subsec. (d). See section 8 of Act 53 in the appendix to this title for special provisions relating to allocation of money. Cross References. Section 6171 is referred to in section 6132 of this title.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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).

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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).

61 Pa.C.S. § 6182 Supervisory relationship to offenders.

(a) General rule.--Agents are in a supervisory relationship with department-supervised offenders. The purpose of supervision is to assist department-supervised offenders in their rehabilitation and reassimilation into the community and to protect the public. Supervision practices shall reflect the balance of enforcement of the conditions of supervision and case management techniques to maximize successful parole completion through effective reentry to society. (b) Searches and seizures authorized.-- (1) Agents may search the person and property of department-supervised offenders in accordance with the provisions of this section. (2) Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania. (c) Effect of violation.--No violation of this section shall constitute an independent ground for suppression of evidence in any probation, parole or criminal proceeding. (d) Grounds for personal search of a department-supervised offender.-- (1) A personal search of an offender may be conducted by an agent: (i) if there is a reasonable suspicion to believe that the department-supervised offender possesses contraband or other evidence of violations of the conditions of supervision; (ii) when a department-supervised offender is transported or taken into custody; or (iii) upon a department-supervised offender entering or leaving the secure enclosure of a correctional institution, jail or detention facility. (2) A property search may be conducted by an agent if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the department-supervised offender contains contraband or other evidence of violations of the conditions of supervision. (3) The department-supervised offender may be detained if the department-supervised offender is present during a property search. If the department-supervised offender is not present during a property search, the agent in charge of the search shall make a reasonable effort to provide the department-supervised offender with notice of the search, including a list of the items seized, after the search is completed. (4) The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with such case law, the following factors, where applicable, may be taken into account: (i) The observations of agents. (ii) Information provided by others. (iii) The activities of the department-supervised offender. (iv) Information provided by the department-supervised offender. (v) The experience of agents with the department-supervised offender. (vi) The experience of agents in similar circumstances. (vii) The prior criminal and supervisory history of the department-supervised offender. (viii) The need to verify compliance with the conditions of supervision. (e) Nonresident department-supervised offenders.--No agent shall conduct a personal or property search of a department-supervised offender who is residing in a foreign state except for the limited purposes permitted under the Interstate Compact for the Supervision of Offenders and Probationers. The department-supervised offender is held accountable to the rules of both the sending state and the receiving state. Any personal or property search of a department-supervised offender residing in another state shall be conducted by an agent of the receiving state. (f) When authority is effective.--The authority granted to agents under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the department.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026