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    Revocation Hearings

    Learn about what occurs when a person commits a criminal act while on parole in Pennsylvania. 

    What is a revocation hearing?

    This hearing is held for individuals who have committed a criminal act while on parole or while delinquent on parole. 

    For a parolee to be recommitted as a Convicted Parole Violator (CPV):

    1. The crime must be committed during the period of parole or while delinquent on parole; and
    2. The crime must be punishable by imprisonment; and,
    3. Parolee must be convicted or found guilty by a judge or jury or plead guilty or nolo contendere in a court of record or of any misdemeanor of the third degree and certain summary offenses. Summary offenses include: Possession of a Firearm in a Court Facility; Harassment; Retail Theft; Disorderly Conduct; Public Drunkenness; Cruelty to Animals; Aiding or Abetting a Minor to Commit Truancy; Selling or Furnishing Non-Alcoholic Beverages to Minors

    When are these hearings held?

    This hearing is held after an inmate is convicted of the new criminal offense. Generally, hearings are held within 120 days from the date the Parole Agent receives official verification of the new conviction OR within 120 days of the date the official verification of the parolees return to a Pennsylvania state correctional institution. 

    Who makes the decision in this type of hearing?

    The hearings can be presided over by a Hearing Examiner alone or a panel consisting of a Hearing Examiner and a Parole Board Member.

    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 following decisions will be reached:

    1. continue on parole, or
    2. recommit

    What does the date shown in the Board Decision mean?

    A CPV will establish a review month. The Parole Board will review the inmate in the month listed, but it does not create any right to be released on that date. 

    Can the decision be appealed?

    Either the parolee or the 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.