§ 6113. Board action.

495 words·~2 min read·/pa/title-61/chapter-61/6113

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(a)Quorum.--

(1)A majority of the board shall constitute a quorum for transacting business and, except as otherwise provided in this chapter and Chapter 45 (relating to recidivism risk reduction incentive), a majority vote of those present at any meeting shall be sufficient for any official action taken by the board. One or more members of the board may attend and participate in any meeting via videoconferencing or similar virtual presence technology.

(2)Except as provided in subsections (b), (c),

(d)and (e), Chapter 45 and section 6137.1 (relating to short sentence parole), no person shall be paroled or discharged from parole or have his parole revoked, except by a majority of the entire membership of the board.

(b)Panel decisions.-- The board may make decisions on parole, reparole, return or revocation in panels of two persons. A panel shall consist of one board member and one hearing examiner or of two board members. Panels shall be appointed by the chairperson or the chairperson's designee. A panel may act without meeting. A panel may meet and take action via videoconferencing or similar virtual presence technology, with the exception of in-person testimony under section 502 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(c)Disagreement within panel.--

(1)If there is disagreement on a decision to parole between the members of a panel, the matter shall be decided by a board member appointed by the chairperson or the chairperson's designee, who shall concur with one of the original panel members.

(2)If there is disagreement on a revocation decision between the members of the panel, the matter shall be decided by three board members appointed by the chairperson or the chairperson's designee; at least two of these members must not have been on the disagreeing panel, if practicable.

(d)Appeal.--

(1)An interested party may appeal a revocation decision within 30 days of the board's order. The decision shall be reviewed by three board members appointed by the chairperson or the chairperson's designee.

(2)If practicable, at least two of the board members reviewing the decision must not have been on the panel whose decision is being appealed. The three board members deciding the appeal may affirm, reverse or remand the decision of the panel or may order the matter be heard de novo.

(e)Decision without review.-- Subject to the provisions of section 6137(g) (relating to parole power), the board or its designee may issue a decision to parole an eligible offender as defined under section 4503 (relating to definitions) without further review by the board.

(f)Decision accountability.-- The board shall develop, adopt and periodically update as deemed necessary, a parole decisional instrument that is tested prior to implementation, which incorporates evidence-based practices to assist and inform the board's professional judgment in the parole decision-making process.

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(Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

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