61 Pa. Cons. Stat. § 6135

 Investigation of circumstances of offense.

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§ 6135.  Investigation of circumstances of offense.

(a)  Duty to investigate.--The board, on the commitment to a correctional facility of any person whom the board is given the power to parole under this chapter, shall consider:

(1)  The nature and circumstances of the offense committed.

(2)  Any recommendations made by the trial judge and prosecuting attorney.

(3)  The general character and background of the inmate.

(4)  Participation by an inmate sentenced after February 19, 1999, and who is serving a sentence for a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) in a victim impact education program offered by the Department of Corrections.

(5)  The written or personal statement of the testimony of the victim or the victim's family submitted under section 6140 (relating to victim statements, testimony and participation in hearing).

(6)  The notes of testimony of the sentencing hearing, if any, together with such additional information regarding the nature and circumstances of the offense committed for which sentence was imposed as may be available.

(7)  The conduct of the person while in prison and his physical, mental and behavioral condition and history, his history of family violence and his complete criminal record.

(b)  Cooperation of public officials.--A public official who possesses such records or information shall furnish the records or information to the board upon its request and without charge so far as may be practicable while the case is recent.

 

Cross References.  Section 6135 is referred to in sections 6137.1, 6142, 6175 of this title.

Notes of Decisions
Cited in 40 cases (27 in the last 5 years), 2010–2026 · leading case: Commonwealth v. Wallace
Commonwealth v. Wallace (2014) pa · cites it 5× “Furthermore, 61 Pa.C.S. § 6135(a)(7) states that a parole board is to consider a prisoner’s “complete criminal record” prior to release on parole.”
Jackson v. Pennsylvania Board of Probation & Parole (2017) pacommwct · cites it 2× “61 Pa.C.S § 6135(a). This Court has explained that “there is no prerequisite to a valid parole condition that the parolee must agree to its terms.”
Jones v. Office of Open Records (2010) pacommwct “61 Pa.C.S. § 6135. “In view of the specialized knowledge and expertise of the Board in parole matters, our courts have consistently held that they will not interfere with the discretion of the Board in granting parole.”
Nguyen Vu v. Pa. Bd. of Prob. & Parole (2018) pacommwct “708(b)(16), as they are related to the Board's duties in gathering criminal investigation information pursuant to Section 6135 of the Prisons and Parole Code, 61 Pa. C.S. § 6135 ; (2) the records are exempt under Section 708(b)(17), 65 P.”
McGinley v. Pennsylvania Board of Probation & Parole (2014) pacommwct “61 Pa.C.S. § 6135(a). The Board has the discretion as to which of these factors should be afforded the most weight.”
J. Wells v. PPB (2022) pacommwct · cites it 3× “” 61 Pa.C.S. § 6135(a). 6 of opinion, does not bind this Court in the context of the Board’s preliminary objections.”
Bullock, III. v. Pennsylvania Board of Parole (2024) pamd · cites it 3× “The record clearly reflects that the Board based its parole determination on factors that it is statutorily required to consider in accordance with 61 Pa. C.S. § 6135; see McGinnis v. Royster, 410 U.”
BALL v. BOHENSKI (2025) pamd · cites it 3× “Under 61 Pa. C.S. § 6135, the Board must evaluate, among other factors: (1) the nature and circumstances of the offense; (2) any recommendations made by the trial judge and prosecuting attorney; (3) the general character and background of the inmate; (4) the notes of testimony…”
B.S. Bingaman v. PPB (2025) pacommwct · cites it 3× “In considering if parole is appropriate for an offender, the Board is tasked with investigating all information set forth under section 6135(a) of the Prisons and Parole Code, 61 Pa. C.S. § 6135(a), which provides in relevant part: 9 (a) Duty to investigate.”
H.P. Short v. K. Barkley (2017) pacommwct · cites it 2× “61 Pa.C.S. § 6135 (text emphasis added). Accordingly, if the PBPP in fact denied Short parole based upon a mental condition, it was completely within its statutory authority to do so.”
S. Holden, aka S. Nelson v. The PBPP (2021) pacommwct · cites it 2× “Under Section 6135 of the Prisons and Parole Code (Parole Code), 61 Pa. C.S. §6135, the Parole Board is required to consider several factors when determining whether to grant parole to an inmate.”
Lacey Stradford v. Secretary Pennsylvania Department of Corrections (2022) ca3 · cites it 2× “” 61 Pa. Cons. Stat. § 6135 (a). When reviewing parole applications, the Parole Board must determine whether “[t]he best interests of the offender justify or require that the offender be paroled” and whether “the interests of the Commonwealth will be injured by the offender’s…”
— 61 Pa. Cons. Stat. § 6135(a) — 15 cases
Jackson v. Pennsylvania Board of Probation & Parole (2017) pacommwct “61 Pa.C.S § 6135(a). This Court has explained that “there is no prerequisite to a valid parole condition that the parolee must agree to its terms.”
McGinley v. Pennsylvania Board of Probation & Parole (2014) pacommwct “61 Pa.C.S. § 6135(a). The Board has the discretion as to which of these factors should be afforded the most weight.”
J. Wells v. PPB (2022) pacommwct “” 61 Pa.C.S. § 6135(a). 6 of opinion, does not bind this Court in the context of the Board’s preliminary objections.”
J.S. Deeter v. PA BPP (2017) pacommwct
V. Hill v. PBPP (2020) pacommwct
— 61 Pa. Cons. Stat. § 6135(a)(1) — 5 cases
B.S. Bingaman v. PPB (2025) pacommwct “In considering if parole is appropriate for an offender, the Board is tasked with investigating all information set forth under section 6135(a) of the Prisons and Parole Code, 61 Pa. C.S. § 6135(a), which provides in relevant part: 9 (a) Duty to investigate.”
H.P. Short v. K. Barkley (2017) pacommwct “61 Pa.C.S. § 6135 (text emphasis added). Accordingly, if the PBPP in fact denied Short parole based upon a mental condition, it was completely within its statutory authority to do so.”
— 61 Pa. Cons. Stat. § 6135(a)(2) — 1 case
Com. v. Buttolph, S. (2017) pasuperct
— 61 Pa. Cons. Stat. § 6135(a)(3) — 3 cases
Jackson v. Pennsylvania Board of Probation & Parole (2017) pacommwct “61 Pa.C.S § 6135(a). This Court has explained that “there is no prerequisite to a valid parole condition that the parolee must agree to its terms.”
J. Wells v. PPB (2022) pacommwct “” 61 Pa.C.S. § 6135(a). 6 of opinion, does not bind this Court in the context of the Board’s preliminary objections.”
— 61 Pa. Cons. Stat. § 6135(a)(7) — 2 cases
Commonwealth v. Wallace (2014) pa “Furthermore, 61 Pa.C.S. § 6135(a)(7) states that a parole board is to consider a prisoner’s “complete criminal record” prior to release on parole.”
Com. v. Steinman, S. (2016) pasuperct
— 61 Pa. Cons. Stat. § 6135(b) — 1 case
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