§ 2154.5. Adoption of guidelines for parole.
(a) Adoption.--The commission shall adopt guidelines that shall be considered by the board and any
other paroling entity when exercising its power to parole and reparole all persons
sentenced by any court in this Commonwealth to imprisonment in any correctional institution.
The guidelines shall do all of the following:
(1) Give primary consideration to the protection of the public and to victim safety.
(2) Provide for due consideration of victim input.
(3) Be designed to encourage inmates and parolees to conduct themselves in accordance
with conditions and rules of conduct set forth by the department or other prison facilities
and the board.
(4) Be designed to encourage inmates and parolees to participate in programs that have
been demonstrated to be effective in reducing recidivism, including appropriate drug
and alcohol treatment programs.
(5) Provide for prioritization of incarceration, rehabilitation and other criminal justice
resources for offenders posing the greatest risk to public safety.
(6) Use validated risk assessment tools, be evidence based and take into account available
research relating to the risk of recidivism, minimizing the threat posed to public
safety and factors maximizing the success of reentry.
(b) Discretionary authority.--Notwithstanding any other provision of law, this section shall not remove the discretionary
parole authority of the board and any other paroling entity when exercising its power
to parole and reparole.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff.
60 days)
Cross References. Section 2154.5 is referred to in section 9721 of this title; sections 6134.1, 6137
of Title 61 (Prisons and Parole).
Notes of Decisions
Pittman v. Pennsylvania Bd. of Prob. & Parole, 131 A.3d 604 (Pa. Commw. Ct. 2016).
· cites it 6× “(1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. §2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is granted to the board by this chapter, except an inmate…”
Fross v. Cnty. of Allegheny, 20 A.3d 1193 (Pa. 2011).
“1(c), 6102(3); see 42 Pa.C.S. § 2154.5. The General Assembly tasked the Commission to adopt such guidelines in 2009.”
Lopez v. Pa. Dep't of Corr., 119 A.3d 1081 (Pa. Commw. Ct. 2015).
“Section 6137(a)(1) of the Prisons and Parole Code states: The board may parole subject to consideration of guidelines established under 42 Pa. C.S. § 2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is…”
Barge v. Pennsylvania Bd. of Prob. & Parole, 39 A.3d 530 (Pa. Commw. Ct. 2012).
“— (1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is granted to the board by this chapter, except an inmate…”
Commonwealth v. Batts, Q., Aplt., 163 A.3d 410 (Pa. 2017).
· cites it 2× “The relevant provisions of section 6137 state: The [parole] board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is granted…”
Lacey Stradford v. Sec'y Pennsylvania Dep't of Corr. (3rd Cir. 2022).
· cites it 4× “Before deciding, the Parole Board must investigate, among other things, “[t]he general character and background of the inmate,” “[t]he nature and circumstances of the offense committed,” “[t]he written or personal statement of the testimony of the victim or the victim’s family,”…”
Barge v. Penn. Bd. of Prob. & Parole, 39 A.3d 530 (Pa. Commw. Ct. 2012).
“ (1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) and may release on parole any inmate to whom the power to parole is granted to the board by this chapter, except an inmate…”
Com. v. Knecht, M. (Pa. Super. Ct. 2017).
“Following the United States Supreme Court’s decisions in Miller and Montgomery, the trial court “clarified” Knecht’s sentence to reflect that ____________________________________________ 8 The Prisons and Parole Code provides that the Parole Board “may parole subject to…”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
“5 of the Judicial Code, 42 Pa.C.S. §2154.5 (Adoption of guidelines for parole).”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
“5 of the Judicial Code, 42 Pa.C.S. §2154.5 (Adoption of guidelines for parole).”
F. Boyd v. Pbpp (Pa. Commw. Ct. 2022).
“5 of the Sentencing Code,] 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) or subject to [S]ection 6137.”
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