204 Pa. Code § 309.3 - Procedures for determining state parole guidelines
(a) The State Parole Guidelines consider two
categories of factors to determine the parole recommendation: parole risk
category and parole preparedness category.
(1)
Parole Risk Category.
(i)
Risk score. The LSI-R
score is calculated prior to the interview, and the score is used to determine
the risk level.
(ii)
Risk
Level. The LSI-R score is divided into three levels:
(A) High Risk (scores 34 and
greater)
(B) Medium Risk (scores of
20 to 33)
(C) Low Risk (scores 19
and less)
(2)
Parole Preparedness Category.
(i)
Pre-Interview Factors.
The pre-interview factors are determined based on a review of Department of
Corrections records and scored as a "1'' or a "0,'' with 1 being successful or
positive.
(A) Factors directly related to the
offender's behavior and compliance:
(I)
Enrollment in and/or completion of required programs.
(II) Misconduct free for the past 12
months.
(III) Free of criminal or
assaultive misconducts for the past 12 months.
(IV) One or no prior probation or parole
revocations.
(V) Free of alcohol or
drug dependence.
(VI) Compliance
with all prescribed medications.
(B) Factor related to the recommendation of
the Department of Corrections.
(ii)
Interview Factors. The
interview preparedness factors are based on the professional judgement of the
decision maker(s) following a parole interview and scored as a "1'' or a "0,''
with 1 being positive or successful.
(A)
Factors related to progress and commitment to rehabilitation:
(I) Motivation for success or progress in
rehabilitation, treatment, or education.
(II) Acceptance of responsibility.
(III) Insight and positive response to
address criminal behavior.
(B) Stable release plan (community and/or
family support).
(iii)
Preparedness Level. The preparedness score is the total of the
pre-interview and interview factors and is divided into three levels:
(A) Low preparedness: Score 0 to 7.
(B) Medium preparedness: Score 8 to
9.
(C) High preparedness: Score 10
to 11.
(b) The State Parole Guidelines
recommendations are based on the combination of the risk level and preparedness
level and include consideration of whether the individual is classified as
violent or non-violent. These recommendations are contained in two matrices and
found at § 309.4(a) (relating to State Parole Guidelines Matrix (Violent)) and
§ 309.4(b) (relating to State Parole Guidelines Matrix
(Non-Violent)).
(c)
Deviations from the Guidelines. The State Parole Guidelines
are advisory. The Board must consider the guidelines but may exercise
discretion in deviating from the recommendation.
(1) Reasons for deviations from the State
Parole Guidelines shall be provided on the State Parole Guidelines Form and
reported to the Pennsylvania Commission on Sentencing (Commission).
(2) Reasons for deviation from the State
Parole Guidelines may include but are not limited to the following:
(i) Mental health or medication
compliance.
(ii) An inmate's
negative interest in parole.
(iii)
Judicial input.
(iv) Prosecution
and public safety input.
(v)
Outstanding detainer.
(vi) Maximum
sentence date is less than one year from interview date.
(3)
Additional information.
The following information shall be provided on the State Parole Guidelines Form
and reported to the Commission:
(i) If parole
is granted, condition(s) of parole ordered but not required by statute or
recommended by a validated risk assessment case management plan.
(ii) If parole is denied, reason(s) a review
is scheduled more than one year from the date of the parole decision.
(d)
Additional
Applications.
(1) The State Parole
Guidelines must be considered in all cases for which the Board is authorized to
exercise discretionary parole, including all initial and subsequent parole
decisions.
(2) For individuals
recommitted as parole violators, the State Parole Guidelines must be considered
prior to reparole.
Notes
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No prior version found.