pa-56-40-1445: Modifying preexisting regulations to conform with modern legal requirements and board practices

Summary

The Pennsylvania Parole Board (board), proposes to amend Part II (relating to Board of Probation and Parole) to read as set forth in Annex A. This proposed rulemaking will address changes in the law and board operations that have evolved over time. The proposed amendments will address a formal renaming of the board under the act of June 30, 2021 (P.L. 260, No. 59) (Act 59 of 2021), which amended 61 Pa.C.S. Chapter 61 (relating to Pennsylvania Board of Probation and Parole) and which also reassigned parole agents and the parole supervision aspect of the board to the Department of Corrections (department). The changes will effectively be rules of procedure for the board and benefit those who appear before the board by accurately reflecting current board practices and complying with legal authority which has evolved over time. The changes reflect the shifting of former functions of the board to reflect their current statutory reallocation to organizations no longer under its purview under the act of December 18, 2019 (P.L. 771, No. 114) (Act 114 of 2019) and the act of December 18, 2019 (P.L. 776, No. 115) (Act 115 of 2019). The changes will also delete regulations that are no longer applicable to the board, for example, Chapters 67 and 75 (relating to special conditions of parole or probation; and presumptive ranges for recommitments of parole violators), because they fall outside of the jurisdiction of the board. Additionally, the board intends to work with the Pennsylvania...

The agency’s own summary, as published.