§ 9776. Judicial power to release inmates.
(a) General rule.--Except as otherwise provided under this chapter or if the Pennsylvania Parole Board
has exclusive parole jurisdiction, a court of this Commonwealth or other court of
record having jurisdiction may, after due hearing, release on parole an inmate in
the county correctional institution of that judicial district.
(b) Petition required.--No inmate may be paroled under this section except on petition verified by the oath
of the inmate or by the inmate's representative and presented and filed in the court
in which the inmate was convicted.
(c) Hearing.--On presentation of the petition, the court shall fix a day for the hearing. A copy
of the petition shall be served on the district attorney and prosecutor in the case
at least ten days before the day fixed for the hearing. Proof of service on the district
attorney and the prosecutor shall be produced at the hearing.
(d) Order.--After the hearing, the court shall make such order as it may deem just and proper.
In case the court paroles the inmate, it shall place the inmate in the charge of and
under the supervision of a designated probation officer.
(e) Recommit.--The court may, on cause shown by the probation officer that the inmate has violated
his parole, recommit and reparole the inmate in the same manner and by the same procedure
as in the case of the original parole if, in the judgment of the court, there is a
reasonable probability that the inmate will benefit by being paroled. The court may
also recommit for violation of that parole.
(f) Limitation.--
(1) Subject to the provisions of paragraph (2), the power of a court to parole an inmate
under this section shall extend for a period not to exceed the maximum sentence provided
by law for the offense of which the inmate was convicted.
(2) A court may release on parole, on petition to any other court, an inmate committed
to a correctional institution by any magisterial district judge and shall have the
same power to recommit an inmate paroled under this section.
(Aug. 11, 2009, P.L.147, No.33, eff. 60 days; June 30, 2021, P.L.260, No.59, eff.
imd.)
2021 Amendment. Act 59 amended subsec. (a).
2009 Amendment. Act 33 added section 9776.
Cross References. Section 9776 is referred to in section 9756 of this title.
Notes of Decisions
Cited in
20
cases (
11 in the last 5 years), 2011–2026 · leading case:
Commonwealth v. Stafford, 29 A.3d 800 (Pa. Super. Ct. 2011).
Commonwealth v. Stafford, 29 A.3d 800 (Pa. Super. Ct. 2011).
· cites it 2× “…parole. Commonwealth v. Ferguson, 761 A.2d 613 (Pa.Super.2000); Comment to Pa.R.Crim.P. 708; 42 Pa.C.S. § 9775; 42 Pa.C.S. § 9776.”
Fross v. Cnty. of Allegheny, 20 A.3d 1193 (Pa. 2011).
· cites it 2× “42 Pa.C.S. § 9776. County probation and parole officers are subject to certain “uniform [statewide standards” established by the Board regarding qualifications, minimum salaries, and quality of services.”
Beahm v. Burke, 982 F. Supp. 2d 451 (E.D. Pa. 2013).
· cites it 2× “Under 42 Pa.C.S. § 9776 the court may also, on cause shown by the probation officer "that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole.”
Com. v. Raling, T., 305 A.3d 111 (Pa. Super. Ct. 2023).
· cites it 2× “42 Pa.C.S. § 9776 [(“No inmate may be paroled under this section except on petition … filed in the court in which the inmate was convicted.”
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
· cites it 5× “” Commonwealth’s Brief at 20 (citing 42 Pa.C.S. § 9776(a)). This boilerplate statement of the law was never in dispute.”
M. Vann v. Pbpp (Pa. Commw. Ct. 2018).
· cites it 3× “Section 9776(b) of the Sentencing Code, 42 Pa. C.S. § 9776(b), requires an inmate seeking parole from a county sentence to file a “petition verified by the oath of the inmate or by the inmate’s representative and presented and filed in the court in which the inmate was convicted.”
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
· cites it 3× “See 42 Pa.C.S. §9776(a) (“Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth .”
Com. v. Beaver, K. (Pa. Super. Ct. 2016).
· cites it 2× “Pursuant to 42 Pa.C.S. § 9776(e):7 (e) Recommit. -- The court may, on cause shown by the probation officer that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole if, in the…”
Com. v. Dunlap, R. (Pa. Super. Ct. 2019).
· cites it 2× “2008); see also 42 Pa.C.S. § 9776(e). Following parole revocation, the trial court has the authority to recommit the defendant to custody.”
Com. v. Witts, R. (Pa. Super. Ct. 2021).
· cites it 2× “at *16 (quoting 42 Pa.C.S. § 9776 (e)). - 12 -”
M. Hoffman v. PBPP (Pa. Commw. Ct. 2018).
“--After the hearing, the court shall make such order as it may deem just and proper. In case the court paroles the inmate, it shall place the inmate in the charge of and under the supervision of a designated probation officer.”
Com. v. Profeto, R. (Pa. Super. Ct. 2019).
“2008); see also 42 Pa.C.S. § 9776(e). Upon ruling that a violation was committed, the trial court only has authority to recommit a parolee back into custody; the court has no power to impose a new sentence because the previously imposed sentence remains in effect.”
— 42 Pa. Cons. Stat. § 9776(a) — 6 cases
Fross v. Cnty. of Allegheny, 20 A.3d 1193 (Pa. 2011).
“42 Pa.C.S. § 9776. County probation and parole officers are subject to certain “uniform [statewide standards” established by the Board regarding qualifications, minimum salaries, and quality of services.”
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
“” Commonwealth’s Brief at 20 (citing 42 Pa.C.S. § 9776(a)). This boilerplate statement of the law was never in dispute.”
M. Hoffman v. PBPP (Pa. Commw. Ct. 2018).
“--After the hearing, the court shall make such order as it may deem just and proper. In case the court paroles the inmate, it shall place the inmate in the charge of and under the supervision of a designated probation officer.”
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
“See 42 Pa.C.S. §9776(a) (“Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth .”
— 42 Pa. Cons. Stat. § 9776(b) — 2 cases
Commonwealth v. Stafford, 29 A.3d 800 (Pa. Super. Ct. 2011).
“…parole. Commonwealth v. Ferguson, 761 A.2d 613 (Pa.Super.2000); Comment to Pa.R.Crim.P. 708; 42 Pa.C.S. § 9775; 42 Pa.C.S. § 9776.”
M. Vann v. Pbpp (Pa. Commw. Ct. 2018).
“Section 9776(b) of the Sentencing Code, 42 Pa. C.S. § 9776(b), requires an inmate seeking parole from a county sentence to file a “petition verified by the oath of the inmate or by the inmate’s representative and presented and filed in the court in which the inmate was convicted.”
— 42 Pa. Cons. Stat. § 9776(c) — 1 case
M. Vann v. Pbpp (Pa. Commw. Ct. 2018).
“Section 9776(b) of the Sentencing Code, 42 Pa. C.S. § 9776(b), requires an inmate seeking parole from a county sentence to file a “petition verified by the oath of the inmate or by the inmate’s representative and presented and filed in the court in which the inmate was convicted.”
— 42 Pa. Cons. Stat. § 9776(d) — 4 cases
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
“” Commonwealth’s Brief at 20 (citing 42 Pa.C.S. § 9776(a)). This boilerplate statement of the law was never in dispute.”
M. Vann v. Pbpp (Pa. Commw. Ct. 2018).
“Section 9776(b) of the Sentencing Code, 42 Pa. C.S. § 9776(b), requires an inmate seeking parole from a county sentence to file a “petition verified by the oath of the inmate or by the inmate’s representative and presented and filed in the court in which the inmate was convicted.”
Commonwealth, Aplt. v. Koger, C. (Pa. 2023).
“See 42 Pa.C.S. §9776(a) (“Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth .”
— 42 Pa. Cons. Stat. § 9776(e) — 9 cases
Com. v. Beaver, K. (Pa. Super. Ct. 2016).
“Pursuant to 42 Pa.C.S. § 9776(e):7 (e) Recommit. -- The court may, on cause shown by the probation officer that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole if, in the…”
Com. v. Dunlap, R. (Pa. Super. Ct. 2019).
“2008); see also 42 Pa.C.S. § 9776(e). Following parole revocation, the trial court has the authority to recommit the defendant to custody.”
Com. v. Profeto, R. (Pa. Super. Ct. 2019).
“2008); see also 42 Pa.C.S. § 9776(e). Upon ruling that a violation was committed, the trial court only has authority to recommit a parolee back into custody; the court has no power to impose a new sentence because the previously imposed sentence remains in effect.”
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