§ 6139. Parole procedure.
(a) Specific requirements.--
(1) The board may, subject to the provisions and limitations set forth in section 6138
(relating to violation of terms of parole), grant parole on its own motion whenever
in its judgment the interests of justice require the granting of parole.
(2) The board shall consider applications for parole by an offender or the offender's
attorney.
(3) Notwithstanding the provisions of paragraph (2), the board shall not be required to
consider nor dispose of an application by an offender or an offender's attorney where
a parole decision has been issued by the board on that case within one year of the
date of the current application for parole.
(3.1) Notwithstanding paragraphs (2) and (3), the board shall not be required to consider
nor to dispose of an application by an offender or an offender's attorney in the case
of an offender sentenced under 18 Pa.C.S. § 1102.1 (relating to sentence of persons
under the age of 18 for murder, murder of an unborn child and murder of a law enforcement
officer) if a parole decision has been issued by the board within five years of the
date of the current application.
(3.2) Nothing under this section shall be interpreted as granting a right to be paroled
to any offender, and a decision by the board and its designees relating to an offender
sentenced under 18 Pa.C.S. § 1102.1 may not be considered an adjudication under 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(3.3) The following apply:
(i) Notwithstanding the provisions of paragraphs (2) and (3), if a parole decision has
been issued by the board within three years of the date of the current application,
the board shall not be required to consider nor dispose of an application by an offender
or an offender's attorney in the case of an offender sentenced under any of the following
provisions of 18 Pa.C.S. (relating to crimes and offenses):
Section 2502(c) (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2901(a.1) (relating to kidnapping).
Section 3011(b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude).
Section 3121 (relating to rape).
Section 3122.1(b) (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2(a.1) (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126(a)(7) (relating to indecent assault).
Section 4302(b) (relating to incest).
(ii) Nothing under this paragraph shall be interpreted as granting a right to be paroled
to any person, and a decision by the board and its designees relating to a person
sentenced to an offense as set forth under this paragraph may not be considered an
adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A.
(3.4) The following apply:
(i) Notwithstanding the provisions of paragraphs (2) and (3), if a parole decision has
been issued by the board within three years of the date of the current application,
the board shall not be required to consider nor dispose of an application by an offender
or an offender's attorney in the case of an offender designated as a sexually violent
predator under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual offenders).
(ii) Nothing under this section shall be interpreted as granting a right to be paroled
to any person, and a decision by the board and its designees relating to a person
designated as a sexually violent predator may not be considered an adjudication under
2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A.
(4) Hearings of applications may be held by the board whenever in its judgment hearings
are necessary. Reasonable rules and regulations shall be adopted by the board for
the presentation and hearing of applications for parole.
(5) Whenever an offender is paroled by the board, or whenever parole is refused by the
board, a brief statement of the reasons for the board's action shall be filed of record
in the offices of the board and shall be at all reasonable times open to public inspection.
(6) In no case shall parole be granted unless a board member, hearing examiner or other
person so designated by the board shall have seen and heard the offender in person
in regard thereto within six months prior to the granting or dismissal thereof. Such
in-person interviews may be conducted via videoconferencing or similar virtual presence
technology. This requirement does not apply to paroles under section 6137.1 (relating
to short sentence parole).
(7) The board shall dispose of an application within six months of its filing.
(b) Reliance on reports.--In granting and revoking paroles and in discharging from parole, the members of the
board acting thereon shall not be required to personally hear or see all the witnesses
and evidence submitted to them for their action, but they may act on the report submitted
to them by the department's agents and employees, together with any pertinent and
adequate information furnished to them by fellow members of the board or by others.
In granting or revoking parole or bringing an alleged parole violator before a hearing
examiner, the appearance may be conducted via videoconferencing or similar virtual
presence technology. Notwithstanding any other provision of law to the contrary, a
hearing examiner, hearing officer or member of the board charged with making the parole
release decision shall be required to hear and see in person, without the use of videoconferencing
or similar virtual presence technology, any in-person victim testimony under section
6140 (relating to victim statements, testimony and participation in hearing) or under
section 502(b) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act. Nothing in this section shall be construed to limit or reduce the rights
of victims under section 6140 or under section 502(b) of the Crime Victims Act.
(c) Notice to district attorney.--At least ten days before paroling an offender on its own motion, the board shall give
written notice of the contemplated parole to the district attorney of the county in
which the offender was sentenced, and, in cases of hearings on applications for parole
as provided for in this section, at least ten days' written notice of the time and
place fixed for such hearing shall be given either by the board or by the offender
or the offender's attorney, as the board shall direct, to the court and district attorney
of the county in which the offender was sentenced.
(Oct. 25, 2012, P.L.1655, No.204; Dec. 18, 2019, P.L.776, No.115, eff. 120 days; Nov.
25, 2020, P.L.1219, No.124, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2020 Amendment. See section 2 of Act 124 in the appendix to this title for special provisions relating
to applicability.
Cross References. Section 6139 is referred to in sections 6137.1, 6140 of this title.
Notes of Decisions
Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013).
· cites it 2× “See 61 Pa.C.S. § 6139(a)(3.1) (board shall not be required to consider or dispose of application by an inmate or an inmate’s attorney in the case of an inmate sentenced under 18 Pa.”
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
· cites it 4× “” 61 Pa.C.S. § 6139(a)(3.2). As this Court has previously stated, parole is nothing more than a possibility, and if granted, it merely constitutes a favor given by the state, as a matter of grace and mercy, to a prisoner who has demonstrated a probability of his or her ability…”
Homa v. Pa. Bd. of Prob. & Parole, 192 A.3d 329 (Pa. Commw. Ct. 2018).
“One limitation on the Board's discretion is that it must provide a "brief statement of the reasons for the board's action" pursuant to Section 6139(a)(5) of the Parole Code, 61 Pa.C.S. § 6139(a)(5). The Supreme Court of Pennsylvania has stated that the Board "must articulate the…”
J. Brown v. PBPP (Pa. Commw. Ct. 2024).
· cites it 9× “22 (repealed); 61 Pa.C.S. § 6139. 10 See id. Second, according to the Board, Section 6139(a)(3.”
S.L. Leonardo v. PBPP (Pa. Commw. Ct. 2023).
· cites it 7× “4) (imposing a three-year parole application review for sexually violent predators or registered sex offenders) to Section 6139(a) of the Parole Code, the only Parole Code amendment to which the Board could be referring was Section 6139(a) of the Parole Code, 61 Pa.C.S. §…”
J. Davies v. PBPP (Pa. Commw. Ct. 2026).
· cites it 5× “Former 61 Pa.C.S. § 6139(3) (emphasis added). 2 The existence of a pending New Jersey detainer filed against you.”
Hagan v. Pennsylvania Bd. of Parole & Prob. (M.D. Penn. 2022).
· cites it 3× “The Board advised Hagan that, pursuant to 61 Pa.C.S. § 6139, it is not required to consider an inmate’s application for parole submitted within three (3) years of the date of a parole decision if the offender was sentenced under, inter alia, 18 Pa.”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
· cites it 2× “Under Section 305(a)(3) of the RTKL, a record in the possession of a Commonwealth agency is presumed to be a public record subject to disclosure, but 5 See Section 6139(a)(5) of the Code, 61 Pa.C.S. §6139(a)(5) (stating that “whenever an application for parole is refused by the…”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
· cites it 2× “Under Section 305(a)(3) of the RTKL, a record in the possession of a Commonwealth agency is presumed to be a public record subject to disclosure, but 5 See Section 6139(a)(5) of the Code, 61 Pa.C.S. §6139(a)(5) (stating that “whenever an application for parole is refused by the…”
A. Robinson v. PPB (Pa. Commw. Ct. 2023).
· cites it 2× “3d at 334 ; 61 Pa.C.S. § 6139(a)(5). Accordingly, Petitioner cannot establish the Board has a duty to grant the relief requested, and his mandamus action fails on this ground as well.”
C.M. Salsman v. Com. of PA, PPB (Pa. Commw. Ct. 2024).
· cites it 2× “See 61 Pa. C.S. § 6139(a)(4) (“Hearings of applications [for parole] may be held by the [B]oard whenever in its judgment hearings are necessary.”
— 61 Pa. Cons. Stat. § 6139(3) — 1 case
J. Davies v. PBPP (Pa. Commw. Ct. 2026).
“Former 61 Pa.C.S. § 6139(3) (emphasis added). 2 The existence of a pending New Jersey detainer filed against you.”
— 61 Pa. Cons. Stat. § 6139(a) — 7 cases
Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013).
“See 61 Pa.C.S. § 6139(a)(3.1) (board shall not be required to consider or dispose of application by an inmate or an inmate’s attorney in the case of an inmate sentenced under 18 Pa.”
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
“” 61 Pa.C.S. § 6139(a)(3.2). As this Court has previously stated, parole is nothing more than a possibility, and if granted, it merely constitutes a favor given by the state, as a matter of grace and mercy, to a prisoner who has demonstrated a probability of his or her ability…”
S.L. Leonardo v. PBPP (Pa. Commw. Ct. 2023).
“4) (imposing a three-year parole application review for sexually violent predators or registered sex offenders) to Section 6139(a) of the Parole Code, the only Parole Code amendment to which the Board could be referring was Section 6139(a) of the Parole Code, 61 Pa.C.S. §…”
J. Brown v. PBPP (Pa. Commw. Ct. 2024).
“22 (repealed); 61 Pa.C.S. § 6139. 10 See id. Second, according to the Board, Section 6139(a)(3.”
Hagan v. Pennsylvania Bd. of Parole & Prob. (M.D. Penn. 2022).
“The Board advised Hagan that, pursuant to 61 Pa.C.S. § 6139, it is not required to consider an inmate’s application for parole submitted within three (3) years of the date of a parole decision if the offender was sentenced under, inter alia, 18 Pa.”
— 61 Pa. Cons. Stat. § 6139(a)(1) — 3 cases
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
“” 61 Pa.C.S. § 6139(a)(3.2). As this Court has previously stated, parole is nothing more than a possibility, and if granted, it merely constitutes a favor given by the state, as a matter of grace and mercy, to a prisoner who has demonstrated a probability of his or her ability…”
J. Davies v. PBPP (Pa. Commw. Ct. 2026).
“Former 61 Pa.C.S. § 6139(3) (emphasis added). 2 The existence of a pending New Jersey detainer filed against you.”
— 61 Pa. Cons. Stat. § 6139(a)(2) — 3 cases
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
“” 61 Pa.C.S. § 6139(a)(3.2). As this Court has previously stated, parole is nothing more than a possibility, and if granted, it merely constitutes a favor given by the state, as a matter of grace and mercy, to a prisoner who has demonstrated a probability of his or her ability…”
S.L. Leonardo v. PBPP (Pa. Commw. Ct. 2023).
“4) (imposing a three-year parole application review for sexually violent predators or registered sex offenders) to Section 6139(a) of the Parole Code, the only Parole Code amendment to which the Board could be referring was Section 6139(a) of the Parole Code, 61 Pa.C.S. §…”
J. Brown v. PBPP (Pa. Commw. Ct. 2024).
“22 (repealed); 61 Pa.C.S. § 6139. 10 See id. Second, according to the Board, Section 6139(a)(3.”
— 61 Pa. Cons. Stat. § 6139(a)(3) — 3 cases
S.L. Leonardo v. PBPP (Pa. Commw. Ct. 2023).
“4) (imposing a three-year parole application review for sexually violent predators or registered sex offenders) to Section 6139(a) of the Parole Code, the only Parole Code amendment to which the Board could be referring was Section 6139(a) of the Parole Code, 61 Pa.C.S. §…”
J. Davies v. PBPP (Pa. Commw. Ct. 2026).
“Former 61 Pa.C.S. § 6139(3) (emphasis added). 2 The existence of a pending New Jersey detainer filed against you.”
— 61 Pa. Cons. Stat. § 6139(a)(4) — 1 case
C.M. Salsman v. Com. of PA, PPB (Pa. Commw. Ct. 2024).
“See 61 Pa. C.S. § 6139(a)(4) (“Hearings of applications [for parole] may be held by the [B]oard whenever in its judgment hearings are necessary.”
— 61 Pa. Cons. Stat. § 6139(a)(5) — 11 cases
Homa v. Pa. Bd. of Prob. & Parole, 192 A.3d 329 (Pa. Commw. Ct. 2018).
“One limitation on the Board's discretion is that it must provide a "brief statement of the reasons for the board's action" pursuant to Section 6139(a)(5) of the Parole Code, 61 Pa.C.S. § 6139(a)(5). The Supreme Court of Pennsylvania has stated that the Board "must articulate the…”
A. Robinson v. PPB (Pa. Commw. Ct. 2023).
“3d at 334 ; 61 Pa.C.S. § 6139(a)(5). Accordingly, Petitioner cannot establish the Board has a duty to grant the relief requested, and his mandamus action fails on this ground as well.”
— 61 Pa. Cons. Stat. § 6139(a)(7) — 1 case
J. Brown v. PBPP (Pa. Commw. Ct. 2024).
“22 (repealed); 61 Pa.C.S. § 6139. 10 See id. Second, according to the Board, Section 6139(a)(3.”
— 61 Pa. Cons. Stat. § 6139(b) — 3 cases
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
“” 61 Pa.C.S. § 6139(a)(3.2). As this Court has previously stated, parole is nothing more than a possibility, and if granted, it merely constitutes a favor given by the state, as a matter of grace and mercy, to a prisoner who has demonstrated a probability of his or her ability…”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
“Under Section 305(a)(3) of the RTKL, a record in the possession of a Commonwealth agency is presumed to be a public record subject to disclosure, but 5 See Section 6139(a)(5) of the Code, 61 Pa.C.S. §6139(a)(5) (stating that “whenever an application for parole is refused by the…”
W.E. Webster III v. PBPP (Pa. Commw. Ct. 2019).
“Under Section 305(a)(3) of the RTKL, a record in the possession of a Commonwealth agency is presumed to be a public record subject to disclosure, but 5 See Section 6139(a)(5) of the Code, 61 Pa.C.S. §6139(a)(5) (stating that “whenever an application for parole is refused by the…”
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