Pennsylvania Code
Title 37 - LAW
Part II - Board of Probation and Parole
Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS
Section 71.3 - Return for a new criminal charge

Universal Citation: 37 PA Code ยง 71.3

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

The following procedures shall be followed if a parolee, not already detained after appropriate hearings for other criminal charges or technical violations, has been charged with a new criminal offense:

(1) A parolee may be detained on a Board warrant pending disposition of a criminal charge following the occurrence of one of the following:

(i) A district justice has conducted a criminal preliminary hearing and concluded that there is a prima facie case against the parolee.

(ii) The parolee waives a criminal preliminary hearing and is held for court.

(iii) The parolee is convicted of a crime at a trial before a judge of the Philadelphia Municipal Court or a district justice.

(iv) An examiner conducts a detention hearing.

(2) A parolee detained on a Board warrant upon the occurrence of one of the events enumerated in paragraph (1) may be held, without further hearing, pending disposition of the new criminal charge.

(3) If the decision of the agent, with concurrence of the district director, is to detain a parolee, the agent shall file a written report with the Board stating the reasons for detention.

(4) The Board may either concur in the decision of the agent to detain or reject the decision and order the parolee continued on parole pending disposition of the new criminal charge.

(5) If the Board concurs with the agent's decision to detain the parolee, the parolee shall be notified of the decision in writing.

(6) If an agent determines that a parolee poses a risk to the community or to self and that immediate incarceration or continued detention of the parolee is necessary, the agent shall apply to the district director for authorization to detain.

(7) If application is made under paragraph (6), the district director shall promptly grant or deny the request.

(8) If the application is granted, the parolee may be detained up to 30 days without the occurrence of one of the events enumerated in paragraph (1).

(9) The Board will follow the procedures generally governing preliminary hearings contained in § 71.2(1)-(8) (relating to procedure for violation of parole conditions) in conducting detention hearings, except that a detention hearing shall be held within 30 days of the parolee's detention. After the detention hearing, a panel shall determine whether to continue to detain the parolee pending disposition of the new criminal charge.

(10) In determining whether a parolee should be detained under this section, the agent and the district director shall consider the following criteria:

(i) Risk to the community if the parolee is not detained.

(ii) Evidence that the parolee has violated parole in a sufficiently serious manner to warrant return as a technical violator.

(iii) The history of the parolee while under supervision.

(iv) Whether the parolee is in delinquent status by absconding.

(v) Seriousness of the offense with which the parolee has been charged.

(vi) Possibility that the parolee may abscond from parole supervision if not detained.

(vii) Whether the new criminal charge involves an alleged use of a weapon or physical assault.

(viii) Whether the parolee already has another pending criminal charge.

The provisions of this §71.3 issued under: section 506 of The Administrative Code of 1929 (71 P. S. § 186); amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and the act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. § § 331.1-331.34).

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