Pennsylvania § 6132 Specific powers of board involving offenders

Pennsylvania Statutes

§ 6132 — Specific powers of board involving offenders

Pennsylvania·Title 61 PRISONS AND PAROLE·Part PART IV·Ch. 61 PENNSYLVANIA BOARD OF PROBATION AND PAROLE·Subch. POWERS AND DUTIES

(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 procee

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(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. § 9762.

(c) Definition.--As used in this section, "period of two years" means the entire continuous term of sentence to which a person is subject, whether for one or more sentences, either to simple imprisonment or to an indeterminate imprisonment as authorized by law to be imposed for criminal offenses.

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Legislative History

(July 5, 2012, P.L.1050, No.122, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment.Act 59 amended the section heading and subsecs. (a) and (b).