Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part VIII - CRIMINAL SENTENCING
Chapter 311 - STATE PAROLE RECOMMITMENT RANGES
Section 311.3 - Procedure for determining parole violator recommitment range
Universal Citation: 204 PA Code ยง 311.3
Current through Register Vol. 54, No. 44, November 2, 2024
(a) For each parole recommitment of a paroled person under the jurisdiction of the Board, the procedure for determining the recommended recommitment range is as follows:
(1) Determine if the paroled person is a
technical parole violator or a convicted parole violator:
(i) A technical parole violator is a paroled
person under the jurisdiction of the Board who violates the terms and
conditions of parole, other than by the commission of a new crime of which the
person is convicted or found guilty by a judge or jury or to which the person
pleads guilty or nolo contendere, as provided in
61 Pa.C.S. §
6138(c) (relating violation
of terms of parole).
(ii) A
convicted parole violator is a paroled person under the jurisdiction of the
Board who, during the period of parole or while delinquent on parole, commits a
crime punishable by imprisonment, for which the person is convicted or found
guilty by a judge or jury or to which the person pleads guilty or nolo
contendere, as provided in
61 Pa.C.S. §
6138(a).
(2) Consider the recommitment ranges as
follows:
(i) For a technical parole violator,
consider the recommendations provided in §
311.6(a)
(relating to table 1-technical parole violator recommitment ranges) in Table 1,
based on the following:
(A) Determine if the
paroled person is a violent offender, as provided in the parole guidelines,
based on a current or previous conviction for an offense identified in
42 Pa.C.S. §§
9714(g),
9718.1 and
9799.14 (relating to
sentences for second and subsequent offenses; sexual offender treatment; and
sexual offenses and tier system), or for an offense otherwise designated by the
Board as a violent offense.
(B)
Determine if the paroled person is being recommitted to a correctional
facility, as provided in
61 Pa.C.S. §
6138(d), or to a group
facility or parole violator center, as provided in
61 Pa.C.S. §
6138(e), and the number of
recommitments to a correctional facility.
(C) Determine if any disciplinary infractions
provided in
61 Pa.C.S. §
6138(d)(5) or
(e)(3) apply to the paroled person.
(D) Identify the recommended recommitment
range.
(ii) For a
convicted parole violator, consider the recommendations provided in §
311.6(b)
(relating to table 2-convicted parole violator recommitment ranges) in Table 2,
based on the following:
(A) Determine if the
paroled person is a violent offender, as provided in the parole guidelines
based on a current or previous conviction for an offense identified in
42 Pa.C.S. §§
9714(g),
9718.1 and
9799.14, or for an offense
otherwise designated by the Board as a violent offense.
(B) Determine the offense gravity score and
the corresponding sentencing level of the most serious new conviction
offense.
(C) Identify the
recommended recommitment range.
(b) Consider any aggravating and mitigating circumstances, including progress on parole prior to revocation and the rehabilitative needs of the paroled person, when determining the duration of recommitment and prescribed treatment and programming.
(c) Determine the recommitment period, and report the decision, reasons for deviation, and other required information to the Commission, as provided in § 311.2 (relating to parole violator recommitment range standards).
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