Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part VIII - CRIMINAL SENTENCING
Chapter 311 - STATE PAROLE RECOMMITMENT RANGES
Section 311.5 - Convicted parole violator recommitment ranges

Universal Citation: 204 PA Code ยง 311.5

Current through Register Vol. 54, No. 44, November 2, 2024

(a) General provisions.

(1) Recommitment ranges shall be considered by the Board when a paroled person is convicted of a new offense committed while on parole and the Board orders recommitment as a convicted parole violator after the necessary violation hearing(s).

(2) As provided in 61 Pa.C.S. § 6138(a) (relating to violation of terms of parole), the Board may, at its discretion, revoke the parole of a paroled person convicted of a crime committed while on parole, and including certain enumerated summary offenses.
(i) If the paroled person's parole is revoked, the person shall be recommitted to a correctional facility to serve the remainder of the term which the person would have been compelled to serve had the parole not been granted, and the Board shall determine whether any credit shall be granted for time at liberty on parole.

(ii) The Board may, in its discretion, reparole a convicted parole violator whenever the best interests of the person justify or require the person's release on parole and it does not appear that the interests of the Commonwealth will be injured.

(iii) The period of time for which the paroled person is required to serve shall be computed by the Board.

(3) The Board shall consider the applicable recommitment ranges described in subsection (b).

(b) Specific provisions.

(1) Convicted violator recommitment ranges are to be considered by the Board in the exercise of its discretion, while accounting for the following factors:
(i) The seriousness of the initial conviction offense. Seriousness is based on the determination under the State parole guidelines whether the person is designated as a violent offender or non-violent offender.

(ii) The level of seriousness of the new conviction offense. The seriousness of the new conviction offense is determined by identifying the highest OGS assignment under the 8th edition Sentencing Guidelines of all new conviction offenses, and then determining the corresponding sentencing level for that offense. For out-of-State convictions, the current equivalent offense under the 8th edition Sentencing Guidelines applies. Summary offenses are assigned the lowest offense gravity score (OGS 1) and the corresponding sentencing level (Level A). Murder of the first degree and murder of the second degree are assigned the highest offense gravity scores (ogs h-1through ogs h-6) and the corresponding sentencing level (Level H).

(iii) The time required to receive treatment and programming to meet the rehabilitative needs of the paroled person. The corrective programming required to address the needs of the paroled person associated with the recommitment, which begins after a hearing or waiver of a hearing, may require a recommitment period shorter or longer than the recommended recommitment range.

(2) The convicted parole violator recommitment ranges, as described below, are provided in § 311.6(b) (relating to table 2-convicted parole violator recommitment ranges) in Table 2.
(i) The recommended recommitment range for a nonviolent offender placed in a correctional facility shall be:
(A) When the most serious new conviction offense is Level A (OGS 1-OGS 3), a range of one to six months.

(B) When the most serious new conviction offense is Level B (OGS 4-OGS 7), a range of six to 12 months.

(C) When the most serious new conviction offense is Level C (OGS 8-OGS 12), a range of 12 to 18 months.

(D) When the most serious new conviction offense is Level D (OGS 13-OGS 16), a range of 18 to 30 months.

(E) When the most serious new conviction offense is Level E (OGS 17-OGS 26), a range of 24 to 36 months.

(F) When the most serious new conviction offense is Level F (OGS 27-OGS 30), a range of 48 months to the unserved balance of the sentence from which the person was paroled.

(G) When the most serious new conviction offense is Level G (OGS G-1and OGS G-2), a range of 48 months to the unserved balance of the sentence from which the person was paroled.

(H) When the most serious new conviction offense is Level H (OGS H-1-OGS H-6), the range is limited to the unserved balance of the sentence from which the person was paroled.

(ii) The recommended recommitment range for a violent offender placed in a correctional facility shall be:
(A) When the most serious new conviction offense is Level A (OGS 1-OGS 3), a range of one to six months.

(B) When the most serious new conviction offense is Level B (OGS 4-OGS 7), a range of six to 12 months.

(C) When the most serious new conviction offense is Level C (OGS 8-OGS 12), a range of 12 to 18 months.

(D) When the most serious new conviction offense is Level D (OGS 13-OGS 16), a range of 24 to 36 months.

(E) When the most serious new conviction offense is Level E (OGS 17-OGS 26), a range of 36 to 48 months.

(F) When the most serious new conviction offense is Level F (OGS 27-OGS 30), a range of 60 months to the unserved balance of the sentence from which the person was paroled.

(G) When the most serious new conviction offense is Level G (OGS G-1and OGS G-2), a range of 60 months to the unserved balance of the sentence from which the person was paroled.

(H) When the most serious new conviction offense is Level H (OGS H-1-OGS H-6), the range is limited to the unserved balance of the sentence from which the person was paroled.

(iii) When the Board determines that one or more aggravating circumstances are present, the Board may consider a recommitment period:
(A) For Level A (OGS 1-OGS 3), up to three months longer than the upper limit of the recommitment range.

(B) For Level B (OGS 4-OGS 7), up to six months longer than the upper limit of the recommitment range.

(C) For Level C (OGS 8-OGS 12), up to six months longer than the upper limit of the recommitment range.

(D) For Level D (OGS 13-OGS 16), up to 12 months longer than the upper limit of the recommitment range.

(E) For Level E (OGS 17-OGS 26), up to 12 months longer than the upper limit of the recommitment range.

(iv) When the Board determines that one or more mitigating circumstances are present, the Board may consider a recommitment period:
(A) For Level B (OGS 4-OGS 7), up to six months shorter than the lower limit of the recommitment range.

(B) For Level C (OGS 8-OGS 12), up to six months shorter than the lower limit of the recommitment range.

(C) For Level D (OGS 13-OGS 16), up to 12 months shorter than the lower limit of the recommitment range.

(D) For Level E (OGS 17-OGS 26), up to 12 months shorter than the lower limit of the recommitment range.

(E) For Level F (OGS 27-OGS 30), up to 24 months shorter than the lower limit of the recommitment range.

(F) For Level G (OGS G-1 and OGS G-2), up to 24 months shorter than the lower limit of the recommitment range.

(3) Determine the recommitment period and provide reasons if an aggravated or mitigated duration or deviation from the recommitment ranges.

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