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    Violation Hearings

    Learn about what occurs when a person violates a condition of their parole in Pennsylvania. 

     

    What is a Violation Hearing?

    It is a second level hearing to determine whether or not a parolee violated the general or special conditions of their parole.

    Why is this hearing held?

    This hearing is required to be held pursuant to the United States Constitution and the Parole Board’s regulations, which provide that a parolee is entitled to due process before they can be recommitted for a violation of parole.

    When are these hearings held?

    This hearing is held within 120 days of the preliminary hearing. A parolee/inmate may waive this hearing right.

    Who makes the decision in this type of hearing?

    The hearing is presided over by a Hearing Examiner OR a panel consisting of a Hearing Examiner and a Board Member. The decision is made in panels of two.

    What is the burden of proof?

    The evidence must show that the fact is more probable than not.

    Does the person have legal rights at this hearing?

    At each type of hearing, individuals are given their rights verbally and in writing. Individuals have the right to:

    • Disclosure of evidence in support of the violations charged against them.
    • Speak, have voluntary witnesses appear on their behalf and present affidavits and other evidence.
    • Cross-examine adverse witnesses.
    • Be represented by counsel. If a person cannot afford counsel, they may request counsel from the public defender of the county in which they are incarcerated. There is no penalty for requesting counsel.
    • Request a continuance of the hearing for a good cause.

    What happens after the hearing is held?

    One of the following decisions will be reached

    1. continue on parole, or
    2. recommitted.

    What does the date shown in the Board Action mean?

    In the Board Action, an automatic reparole date will be listed. A technical parole violator will be released no later than the automatic reparole date unless their automatic reparole is rescinded. 61 Pa. CS. §6138

    Can the decision be appealed?

    Either the inmate/parolee or the inmate/parolee's attorney may appeal a revocation/recalculation decision – no family members, loved ones or friends may do so. The person filing has 30 days from the mailing date of the Parole Board’s order to appeal this decision to the Parole Board. When a timely appeal of a revocation decision has been filed, the revocation decision will not be final for an appeal to a court until the Parole Board has mailed its decision on the appeal.