For the Defense - Volume 2, Issue 3 - 2017 - 40

If a parolee is convicted of a crime committed while on parole/reparole, the Board
has the authority, after an appropriate
hearing, to recommit the parolee to serve
the balance of the sentence or sentences
the parolee was serving when paroled/
reparoled, with no credit for time at
liberty on parole.
A hearing is required before parole
may be revoked. The parolee is entitled
to assistance of counsel at revocation
hearings and to free counsel if indigent.
The Board does not appoint counsel. A
public defender of the county in which an
indigent parolee is incarcerated provides
counsel. Rules of Criminal Procedure do
not apply. Board regulations govern proceedings. In a parole revocation hearing,
the standard of proof is preponderance of
evidence. Parole revocation decisions can
be made by a majority of the Board or in a
panel of two persons.

VIOLATION HEARINGS
Parolees have a right to both a first and second
level hearing as part of their due process rights. A
parolee may also choose to waive these rights.
First Level Hearings
Preliminary hearings are for parolees with technical parole violations. These hearings are held
within 14 days of detention on the Board's warrant.
Detention hearings are for parolees with new
criminal charges. These hearings are held within
30 days of detention on the Board's warrant.
The burden of proof for preliminary and detention hearings is probable cause. These hearings
may not be needed under certain circumstances.
Possible Outcomes at First Level Hearings:
"continue on parole" or "detain pending second
level hearing"
Continuing on parole after first level hearings
means the decision maker did not find a reasonable basis to conclude the parolee violated parole
or the circumstances did not warrant detaining
the parolee.
Second Level Hearings
Revocation hearings are for parolees who
committed a criminal act while on parole or while

For The Defense | Vol. 2, Issue 3

delinquent on parole and are convicted or found
guilty by a judge or jury or the parolee pleads
guilty or no contest in a court of record of a crime
punishable by imprisonment.
This hearing is held either within 120 days from
the date the Board receives official verification of
the plea of guilty, no contest plea or guilty verdict
at the highest trial court level or within 120 days
of the date the Board receives official verification
of the parolee's return to a state correctional institution depending on the circumstances. A parolee
may waive this hearing.
Violation hearings are for parolees who violated either a general or special condition of
parole. This hearing is held within 120 days of the
preliminary hearing. A parolee may waive this
hearing.
The burden of proof for revocation and violation hearings is preponderance of the evidence.
Possible Outcomes at Second Level Hearings:
"continue on parole - with or without new conditions" or "recommit"
A parolee may be placed in a CCC, CCF or PVC.
A PVC is a secure CCC and individuals are not
permitted to leave during their time there. Parolees will immediately receive programming at the
PVC. PVC stays range between 60 to 120 days,
depending on program completion and satisfactory adjustment. If an individual fails the PVC program, they will be unsuccessfully discharged and
returned to a CCJ or a SCI. Individuals may be sent
directly to a PVC after waiving hearings or as a
result of the decision from a hearing.
In accordance with 61 Pa. C.S. § 6138, all TPVs
will go to a CCC/CCF/PVC unless the violation was:
*
*
*
*
*

Sexual in nature
Involved assaultive behavior
Involved possession of a weapon
The PV poses an identifiable threat to
public safety
The PV is an absconder who cannot be
safely managed in a CCC/CCF/PVC.

In that case, the PV will be returned to a CCJ
or a SCI. Technical parole violators sent to a CCC/
CCF/PVC will usually serve between 60 and 120
days, depending on their satisfactory adjustment while at the center. The maximum length

Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 3 - 2017