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Act 122 Technical Parole Violator Placement Frequently Asked Questions (FAQs)
1. Q: What is a Technical Parole Violator (TPV) vs. a Convicted (or criminal charges pending) Parole Violator (CVP/PVP)?
A: A TPV is a parolee under the jurisdiction of the Pennsylvania Board of Probation and Parole (PBPP) who violates the terms and conditions of his/her parole, other than by the commission of a new crime. A CPV, or PVP with criminal charges pending, is a parolee under the jurisdiction of the Pennsylvania Board of Probation and Parole (PBPP) who violates the terms and conditions of his/her parole by conviction of a new crime or is detained pending resolution of new criminal charges. Criminal charges are pending when a complaint is filed with an issuing authority.
2. Q: Are county parole violators affected by Act 122 TPV placement eligibility?
A: No. Act 122 corrections reform mandates are only applicable to state violators that are sanctioned by the authority of PBPP under the Parole Act (61 P.S. § 331.17).
3. Q: What is the effective date to determine Act 122 TPV eligibility?
A: Act 122 TPV placements become effective based on the date the Board warrant is served/meets the violator in custody; must be on or after January 1, 2013 for eligibility.
4. Q: What is the place of confinement for TPVs under Act 122?
A: A TPV under the jurisdiction of the PBPP who violates the terms and conditions of his/her parole, other than by the commission of a new crime, that meets any of the following five criteria shall be placed in or transferred to a Contracted County Jail (CCJ):
(i) The violation was sexual in nature.
(ii) The violation involved assaultive behavior.
(iii) The violation involved possession or control of a weapon.
(iv) The parolee has absconded, and the parolee cannot be safely diverted to a community corrections center or community corrections facility.
(v) There exists an identifiable threat to public safety, and the parolee cannot be safely diverted to a community corrections center or community corrections facility.
TPVs that do not meet any of the above criteria shall be placed in a Community Corrections Center (CCC) or Community Corrections Facility (CCF). This includes Parole Violator Centers (PVCs). TPVs that are received at an authorized reception State Correctional Institution (SCI) should not be processed for return to the original "home" SCI.
5. Q: Are parole violators that are 90 days to their maximum sentence precluded from PVC placement?
6. Q: Where are CPVs or PVPs placed?
A: Initial CPVs and PVPs will continue to be sent to the nearest State Correctional Institutions (SCI).
7. Q: What if a detained PVP (pending criminal charges), served the Board warrant prior to January 1, 2013, has the pending criminal charges dismissed?
A: These parole violators will not be eligible for Act 122 TPV placement.
8. Q: What occurs if a TPV receives new criminal charges while at a CCJ or PVC?
A: If at a CCJ; Department of Corrections (DOC) Records and Office of Population Management (OPM) will be notified via CR, TPV Placement (by DOC or PBPP staff), or ra-TPVPlacement@pa.gov (by CCJ staff) to determine appropriate placement. If returned to an SCI from the CCJ, the DOC will transport. If the TPV posts bail on the new criminal charges, the CCJ will continue to detain the offender on the Board Warrant. If diverted to PVC, PBPP staff will return to an SCI. If recommitted to PVC, DOC staff will return to an SCI.
9. Q: What documentation will be provided by PBPP upon delivery of a TPV to a PVC, CCJ or reception SCI?
A: PBPP will provide four (4) documents upon reception:
PBPP 6: Warrant for Arrest of Paroled Prisoner
Or PBPP 141: Warrant to Commit and Detain
PBPP 227: Return of Parole Violator Report (body receipt)
PBPP 257N: Notice of Charges and Hearing
PBPP 50: Field Worksheet
Within 14 days of reception PBPP will provide the PBPP 347: Violation Sanction Grid and the PBPP 257H: Supervision History. Note that the PBPP 347 will not be provided for returning interstate Board compact cases.
10. Q: What should be transferred if the violator is changing place of confinement?
A: All of the documents outlined in #9 above should be copied for the sending/releasing facilities records and provided to the appropriate transport staff for transfer with the violator. Additionally, any available medical, mental health and adjustment (conduct) records should be provided upon transfer. If the violator is transferring to a PVC/CCC/CCF from a CCJ a thirty (30) day supply of prescribed medications should be provided and submitted for reimbursement from the Department/Bureau of Community Corrections. Transfers to PVC/CCC/CCF from an SCI will continue as directed by Bureau of Health Care Services.
11. Q: How will absconder/delinquent time be calculated?
A: PBPP will provide appropriate commitment documentation/Board Actions to the DOC CSCU. CSCU staff will follow current procedures.
12. Q: Are detox services available at the CCJs and PVCs?
A: Counties have availability of in-house detox. The BCC Referral Unit should be contacted for specifics and availability. All other detox services will utilize local community resources. Detox cases in the community will be processed and funded through Medical Assistance.
13. Q: Will mental health services be available at the CCJs and PVCs?
A: Yes. CCJs will offer mental health services. Mental Health services in the PVCs vary.
14. Q: Will direct commits have medical services available at all CCJ and PVCs?
15. Q: Will TPVs returned to the SCI continue the same medical screening and clearance process prior to CCJ or PVC transfer?
16. Q: Will the CCJs accommodate male and female TPV placements that meet the five criteria for return to county jail (6, 9, or 12 months)?
A: Yes. BCC Referral Unit should be contacted for current availability.
17. Q: Where will pregnant TPV females be placed?
A: Pregnant females must be assessed on a case by case basis. Pregnant females that are not high-risk pregnancies are not excluded from placement in CCJs and PVCs.
18. Q: Where will sex offenders and/or arsonists be placed?
A: Sex offenders and/or arsonist TPVs that do not meet any of the Act 122 five criteria for full custody placement may be placed at any of the PVCs. Sex offenders and/or arsonist TPVs returning to CCJs will be placed in counties according to BCC Referral Unit bed availability and criteria.
19. Q: Will TPVs housed in the CCJs as "Parole Violator Center (PVC) placements" be separated from all other offenders at the county?
20. Q: What should an SCI, not authorized as a TPV drop-off location, do if parole presents a TPV for reception?
A: Accept the offender and contact the CSCU.
21. Q: Will "Support" facilities be required? If so, how will their roles change?
A: Yes. Support facilities (SCI) will continue to be the point of contact to the CCJ for any regular (full custody) inmate housing. The CCJ will continue to contact the Support facility for any exigent medical emergencies requiring outside hospital transport of an inmate. The CCJ shall email ra-TPVPlacement@pa.gov and contact the assigned BCC Contract Facility Coordinator (CFC) for any exigent medical emergencies requiring outside hospital transport of an Act 122 TPV. If an inmate’s or TPV’s medical condition raises to a level beyond the treatment capabilities of the CCJ, the inmate or TPV may be returned to an SCI by the DOC. This shall be communicated through the same method as the notice of hospitalization, as soon as possible in advance of the offender discharge from the hospital.
22. Q: What is the process for dealing with the death of a state offender housed at a CCJ?
A: The CCJ will continue to contact the Support facility for the death of any regular (full custody) inmate. The CCJ will immediately contact the assigned CFC and PBPP of an Act 122 TPV death and follow Department of Corrections (DOC/BCC) staff instructions.
23. Q: What is the process for TPVs that do not waive the Hearing for PVC and do not meet the criteria to be placed in a CCJ under Act 122?
A: TPV will remain at the PVC and a Hearing will be conducted locally.
24. Q: Will Batterers Intervention (BI) be provided for TPVs returned to the CCJs?
25. Q: Will TPVs with sex related violations be provided Sex Offender Programming in the CCJ?
26. Q: How will TPV placements, assessments and program participation/completion be tracked/recorded for auditing?
A: TPV placements will be entered and tracked through Community Corrections Information System (CCIS). The CCJs will retain all TPV assessment and program participation/completion documentation. Program completions will be reported to the appropriate PBPP staff. TPV assessment and programming will be periodically audited by PBPP and DOC staff.
27. Q: What is the process used to document program refusal/misconduct in the CCJs? If a TPV in the CCJ commits a misconduct that negates the 6, 9, or 12 month re-parole; what action will occur?
A: The county jails will communicate offender misconduct information to the appropriate parole staff and notify the assigned CFC of any disciplinary infractions involving assaultive behavior, sexual assault, possession of a weapon or controlled substances, program or work assignment refusal; or more than 90 days (cumulative) in segregated housing. PBPP will collaborate with the CCJ to acquire necessary documentation. PBPP staff will issue a memo to the Board and stipulate a PBPP Review by Board Action.
28. Q: What happens to TPVs that have not completed assessed treatment prior to the end of their 6, 9, or 12 month recommitment period?
A: If treatment is not completed by these expirations the offender will have a condition to continue treatment in the community. Institutional parole staff will provide information on the program status to the field for them to follow-up as deemed appropriate with the offender upon release.
29. Q: What is the protocol to return TPVs from a CCJ to the community following the completion of required programming? The legislation states, "Shall be recommitted for a maximum period of 6, 9, or 12 months, after which, the parolee shall automatically be re-paroled without further action by the Board".
A: If the offender does not have an approved home plan, parole will request group home placement through the Bureau of Community Corrections (BCC), CR, BCC Referral email.
30. Q: Are there release urinalysis requirements for TPVs housed in the CCJ or PVC?
A: Yes. For TPVs in CCJ and/or CCJ with PVC component, PBPP will notify the CCJ Records Office via email when a urinalysis is requested. For TPVs in PVC, PBPP will notify the facility Director for urinalysis request. This email will also cc the BCC Contract Facility Coordinator and Support SCI Records Office to request completion of the release checklist. CCJ’s will use the urinalysis supplies provided by BCC when TPV release urine is requested.
31. Q: Are there release records requirements for TPVs housed in the CCJ or PVC?
A: Yes. PBPP will notify the BCC Contract Facility Coordinator and Support SCI Records Office to request completion of the records release checklist for all recommitted and non-recommitted parole violators. This records release checklist request should be included in the release urinalysis request for all recommitted violators.
32. Q: If a TPV is successfully released from the CCJ or PVC, who is responsible for arranging transportation?
A: The TPVs released from these facilities may receive family or public transportation. The CCJ and PVC staff will make best efforts to ensure arrangements are made prior to release, including arranged transportation for indigent offenders. PBPP will communicate the release date to the BCC Contract Facility Coordinator and/or PVC facility Director, and if being released from the CCJ, notify the CCJ Records Office. The DOC will reimburse the county for transportation costs of indigent offenders.
33. Q: Is the CCJ responsible for providing offenders with release medications?
A: Yes. Upon release, the CCJ will provide the offenders with thirty (30) days of all prescribed non-mental health related medications, and sixty (60) days of all mental health medications. The DOC will reimburse the county for these release medications.
34. Q: Is the CCJ responsible to provide 24/7 security coverage during hospital care for TPVs?
A: The CCJ will provide security coverage during hospital care for up to twenty-four (24) hours. If the CCJ believes the offender will be in the hospital longer than twenty-four (24) hours, the CCJ will contact the designated CFC as soon as possible. The CFC will contact the Deputy Superintendent, Major of the Guard or the Main Control Center of the designated DOC support facility to arrange for the support facility’s corrections officers to replace the CCJ staff.