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Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 6134 (2026)

 Sentencing court recommendation.

✓ current as of May 2026
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§ 6134.  Sentencing court recommendation.

The following shall apply:

(1)  A judge may make at any time a recommendation to the board respecting the offender sentenced and the term of imprisonment the judge believes that offender should be required to serve before parole is granted to that offender.

(2)  A recommendation made by a judge under paragraph (1) respecting the parole or terms of parole of an offender shall be advisory only. No order in respect to the recommendation made or attempted to be made as a part of a sentence shall be binding upon the board or the department in performing the duties and functions conferred on it by this chapter.

(a)  Duty to transmit.--(Deleted by amendment).

(b)  Recommendations from judge.--(Deleted by amendment).

(June 30, 2021, P.L.260, No.59, eff. imd.)

Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 2011–2025 · leading case: Com. v. Merced, A., 308 A.3d 1277 (Pa. Super. Ct. 2024).
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Com. v. Merced, A., 308 A.3d 1277 (Pa. Super. Ct. 2024). “” Coulverson, supra at 141- 42 (citation omitted); see also 61 Pa.C.S. § 6134(b)(1), (2). Based on this law, we agree with both Appellant and the trial court that the court lacked authority to impose the conditions it did as part of Appellant’s sentence.”
Fross v. Cnty. of Allegheny, 20 A.3d 1193 (Pa. 2011). “61 Pa.C.S. §§ 6134; 6135(a). The Parole Code requires that, if an offender is eligible for parole, the Board “shall approve” parole upon a determination that the offender’s reentry plan is “adequate” and that there is no reasonable indication of the offender posing a risk to…”
Com. v. Richardson, S. (Pa. Super. Ct. 2023). · cites it 2× “See 61 Pa.C.S. § 6134; Trial Court Opinion, 12/7/22, at 5.”
Com. v. Newcomb, J. (Pa. Super. Ct. 2023). · cites it 2× “If the court wishes to communicate its advisory comments, it may do so pursuant to 61 Pa.C.S. § 6134. The “no contact” provisions of Appellant’s sentence are vacated.”
Com. v. Seh, A. (Pa. Super. Ct. 2015). · cites it 2× “61 Pa.C.S. § 6134 (emphasis provided). Accordingly, a sentencing court may make a recommendation to the Board at any time regarding a prisoner’s parole date or the terms of parole.”
Com. v. Hartzfeld, R. (Pa. Super. Ct. 2016). “No order in respect to the recommendation made or attempted to be made as a part of a sentence shall be binding upon the board in performing the duties and functions conferred on it by this chapter.”
Com. v. Brown, F. (Pa. Super. Ct. 2020). “See 61 Pa.C.S. § 6134(b)(2). Thus, to the extent that the trial court purported to impose conditions of Appellant’s parole, “those conditions and the order exceed the bounds of the court’s authority and are subject to vacatur[.”
Com. v. Olivo-Vazquez, C. (Pa. Super. Ct. 2021). “2d at 1211 (additional citation omitted)); see also 61 Pa.C.S. § 6134(b)(1), (2). Finally, unlike the statutes relating to total confinement, Section 9754(b) of the Sentencing Code authorizes trial courts to impose conditions on a defendant’s probation sentence.”
Com. v. Brooke, A., Jr. (Pa. Super. Ct. 2021). “2d at 1211 (additional citation omitted)); see also 61 Pa.C.S. § 6134(b)(1), (2). However, unlike -9- J-S30005-21 the statutes relating to total confinement, section 9754(b) of the Sentencing Code authorizes trial courts to impose conditions on a defendant’s probation sentence.”
Com. v. Hamilton, R. (Pa. Super. Ct. 2025). “2d at 1211 (additional citation omitted)); see also 61 Pa.C.S. § 6134(b)(1), (2). Pursuant to this legal authority, it is clear that the portion of the trial court’s written sentencing order that purported to impose conditions on Appellant’s parole must be vacated, as the court…”
Com. v. Carpenter, D. (Pa. Super. Ct. 2025). “2011) (citation omitted); see also 61 Pa.C.S. § 6134. -4- J-S18007-25 In Merced, we determined that the sentencing court lacked authority to impose conditions, such as a no-contact order, on the defendant while he was on parole when his maximum term of incarceration was 72 years.”
— 61 Pa. Cons. Stat. § 6134(1) — 1 case
Com. v. Newcomb, J. (Pa. Super. Ct. 2023). “If the court wishes to communicate its advisory comments, it may do so pursuant to 61 Pa.C.S. § 6134. The “no contact” provisions of Appellant’s sentence are vacated.”
— 61 Pa. Cons. Stat. § 6134(b) — 1 case
Com. v. Seh, A. (Pa. Super. Ct. 2015). “61 Pa.C.S. § 6134 (emphasis provided). Accordingly, a sentencing court may make a recommendation to the Board at any time regarding a prisoner’s parole date or the terms of parole.”
— 61 Pa. Cons. Stat. § 6134(b)(1) — 6 cases
Com. v. Merced, A., 308 A.3d 1277 (Pa. Super. Ct. 2024). “” Coulverson, supra at 141- 42 (citation omitted); see also 61 Pa.C.S. § 6134(b)(1), (2). Based on this law, we agree with both Appellant and the trial court that the court lacked authority to impose the conditions it did as part of Appellant’s sentence.”
Com. v. Hartzfeld, R. (Pa. Super. Ct. 2016). “No order in respect to the recommendation made or attempted to be made as a part of a sentence shall be binding upon the board in performing the duties and functions conferred on it by this chapter.”
Com. v. Olivo-Vazquez, C. (Pa. Super. Ct. 2021). “2d at 1211 (additional citation omitted)); see also 61 Pa.C.S. § 6134(b)(1), (2). Finally, unlike the statutes relating to total confinement, Section 9754(b) of the Sentencing Code authorizes trial courts to impose conditions on a defendant’s probation sentence.”
Com. v. Richardson, S. (Pa. Super. Ct. 2023). “See 61 Pa.C.S. § 6134; Trial Court Opinion, 12/7/22, at 5.”
Com. v. Brooke, A., Jr. (Pa. Super. Ct. 2021). “2d at 1211 (additional citation omitted)); see also 61 Pa.C.S. § 6134(b)(1), (2). However, unlike -9- J-S30005-21 the statutes relating to total confinement, section 9754(b) of the Sentencing Code authorizes trial courts to impose conditions on a defendant’s probation sentence.”
— 61 Pa. Cons. Stat. § 6134(b)(2) — 1 case
Com. v. Brown, F. (Pa. Super. Ct. 2020). “See 61 Pa.C.S. § 6134(b)(2). Thus, to the extent that the trial court purported to impose conditions of Appellant’s parole, “those conditions and the order exceed the bounds of the court’s authority and are subject to vacatur[.”
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