8.7: Pennsylvania Parole Practice

Legislative Prison Package-ACT 81

The Judiciary and Judicial Procedure, Title 42, Chapter 21. Sub. F. provides the authority for sentencing structures for felonies, misdemeanors, probation and parole to be established by the Commission and used in criminal proceedings for the sentencing of defendants after conviction or plea of guilty. On September 25, 2008, Governor Rendell signed into law 4 bills (House Bills 4-7) commonly referred to as the “Prison Package-ACT 81.” The prison package significantly changed a majority of existing prison-related laws; specifically, there are substantial changes relating to place-of-confinement, aggregation, work release, early parole, parole jurisdiction, compassionate release, State Intermediate Punishment, prisoner information, and prisoner transportation, amending the existing Title 42. This discussion will review the good conduct changes, parole and two specific programs previously discussed Recidivism Risk Reduction Incentive and the State Intermediate Punishment Program (PA Corrections Reform-Act 81).

Goals of the Reform

It is important to understand the goals of the PA Prison reform package discussed and in light of the many amendments to existing laws and new provisions found in various Titles, it is helpful to understand that these reforms were designed and implemented as a collaboration with overarching public policy. These included provisions designed to: First, reduce county jail overcrowding and relieve the pressure to release jail inmates; Second, shift the burden for incarceration and treatment of serious offenders from the county system to the state system; Third, improve parole practices to ensure that public and victim safety is the primary consideration and ensure consistency and fairness; Four. improve offender treatment through centralized programs, administrative support, and specialized expertise; Five, ensure truth-in-sentencing for the victim, the public and the offender; Six, provide incentives for non-violent offenders to participate in evidence-based rehabilitative programs proven to reduce the recidivism risk; Seven, improve inmate safety through the improved exchange of information between the county and state system; Eight, provide for compassionate release of terminally ill inmates with appropriate safeguards; and Nine, reduce taxpayer costs through the centralization of treatment programs and prisoner transportation (PA Corrections Reform-Act 81).

Parole Reform

The 2008 Corrections Reform Act-81 required the Pennsylvania Sentencing Commission to promulgate parole guidelines making public safety and victim safety the primary consideration in parole decisions and in line with the Act. The Act further required the Commission to use validated risk assessment tools and evidence-based practices in developing these guidelines and the guidelines would also apply to recommitments, back time, reparoles, and resentencing. The county judges, like the Pennsylvania Board of Probation and Parole (PBPP), would be covered by the statutory requirements and parole guidelines (PA Corrections Reform-Act 81).

Medical Release

Act 84 (HB7) replaces an outdated medical treatment statute, 61 P.S. § 81, that is almost 100 years old and is referred to as the humanitarian act. The amendment is designed to allow judges to place prisoners in hospitals, long-term nursing care facilities and hospice care locations. However, the requirements for such placements are quite stringent. For example, the prisoner must be: Seriously ill and not expected to live for more than one year; The facility must have agreed to accept the placement; The court must consider public safety and escape risks; and The DA and victim are entitled to notice and an opportunity to be heard prior to approval. There are also additional requirements about provisions that must be contained in the court order (Personal Communications with Denise Wood, February 16, 2012; PA Corrections Reform-Act 81).