§ 6143 — Early parole of offenders subject to Federal removal order

(a) Eligibility.--Notwithstanding any other provision of law, the board may parole an offender into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the offender's minimum term of imprisonment if all of the following requirements are satisfied:

(1) The board has received an order of removal for the offender from the United States Immigration and Customs Enforcement.

(2) The offender is at least 18 years of age and is not a native or citizen of the United States.

(3) The offender has never been convicted or adjudicated delinquent of a crime of violence or a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).

(4) The board certifies that removal of the offender is appropriate and in the best interests of the Commonwealth.

(5) The offender has been advised of all of the following:

(i) Unlawful reentry into the United States will result in the offender's return to the department to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole.

(ii) If the offender reenters the United States and commits a criminal offense, upon conviction the offender shall be subject to 42 Pa.C.S. § 9720.3 (relating to sentencing for certain paroled offenders).

(iii) Reentry into the United States may subject the offender to prosecution by the United States under 8 U.S.C. § 1326 (relating to reentry of removed aliens).

(b) Parole discretionary.--The decision to parole an offender under subsection (a) shall be within the sole discretion of the board. Nothing under this section shall be construed to confer a legal right upon the offender to parole under subsection (a).

(c) Return of offender by United States.--If the United States Immigration and Customs Enforcement is unable to or does not deport the offender, the offender shall be returned to the custody of the department and the board shall rescind the offender's parole.

(d) Unlawful reentry.--An offender paroled under this section who returns unlawfully to the United States shall be given a hearing before the board and recommitted as a parole violator upon a determination by the board that the offender did unlawfully return to the United States. Upon recommitment, the offender shall be required to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole. The offender shall not be entitled to credit for any time on parole under this section.

(e) Definition.--(Deleted by amendment).

Legislative History

(July 5, 2012, P.L.1050, No.122, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References.Section 6143 is referred to in section 6138 of this title; 9720.3 of Title 42 (Judiciary and Judicial Procedure).