§ 6137.1. Short sentence parole
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 61 Pa.C.S.A. Prisons and ParoleEffective: December 18, 2019
Effective: December 18, 2019
61 Pa.C.S.A. § 6137.1
§ 6137.1. Short sentence parole
(a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of two years or less or a recidivism risk reduction incentive minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or less, whichever is shorter. Regardless of sentence imposed, this section does not apply to:
(1) persons committed for or with an aggregate sentence containing a personal injury crime, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a personal injury crime as defined in section 103 of the act of November 24, 1998 (P.L. 882, No. 111),1 known as the Crime Victims Act;
(3) persons committed for or with an aggregate sentence containing an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or where the attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
(4) persons committed for or with an aggregate sentence containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C2 (relating to Internet child pornography).
A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
An offense listed under 42 Pa.C.S. Ch. 97 Subch. H3 (relating to registration of sexual offenders).
An offense listed under 42 Pa.C.S. Ch. 97 Subch. I4 (relating to continued registration of sexual offenders).
(b) Approval of parole.--The board shall, without requiring an interview, approve for parole a person eligible for short sentence parole under this section at the expiration of the person's minimum date or recidivism risk reduction incentive minimum date, whichever is shorter. If the person was committed to the department after expiration of the person's minimum date, the board shall approve the person for parole within 30 days after commitment to the department.
(c) Nonapplicability.--The requirements of sections 6135 (relating to investigation of circumstances of offense), 6137(a)(3.1), (e)(1), (f) and (g) (relating to parole power) and 6139 (relating to parole procedure) and section 1101(e) of the Crime Victims Act5 do not apply to paroles under this section.
Credits
2019, Dec. 18, P.L. 776, No. 115, § 19, imd. effective.
Footnotes
18 P.S. § 11.103
18 Pa.C.S.A. § 7621 et seq.
42 Pa.C.S.A. § 9799.10 et seq.
42 Pa.C.S.A. § 9799.51 et seq.
18 P.S. § 11.1101.
61 Pa.C.S.A. § 6137.1, PA ST 61 Pa.C.S.A. § 6137.1
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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