(a) Establishment.--The Board of Pardons is established for the purposes of:
(1) hearing applications for the remission of fines and forfeitures;
(2) granting of reprieves, commutations of sentence and pardons, except in cases of impeachment; and
(3) making recommendations in writing to the Governor thereon, in the manner provided under and subject to section 9 of Article IV of the Constitution of Pennsylvania.
(b) Composition.--The Board of Pardons shall consist of the following members:
(1) The Lieutenant Governor, who shall be chairperson.
(2) The Attorney General.
(3) Three members appointed by the Governor as provided under section 9 of Article IV of the Constitution of Pennsylvania.
(b.1) Terms.--Members shall serve a term of six years.
(c) Quorum.--Four members of the board shall constitute a quorum.
(d) Granting of hearings.--Hearings relating to the granting of reprieves, commutations of sentences and pardons for prisoners serving life sentences, sentences for crimes of violence or sentences for any other offense resulting in death or serious bodily injury may only be granted upon approval by a vote of a majority of the members of the Board of Pardons.
(e) Applicants under sentence of death.--In cases involving applicants under sentence of death, the application shall be filed within 10 days of the Governor's issuance of a warrant specifying a week for execution.
(f) Notice to victims.--The following apply:
(1) The Board of Pardons shall provide notice through the Office of Victim Advocate to victims or next of kin, including victims who are registered with the Department of Corrections, the Office of Victim Advocate, the Pennsylvania Parole Board, the Board of Pardons and those whose whereabouts are otherwise known.
(2) Individuals notified under this subsection shall be given the opportunity to offer prior comment on any application which has been granted a hearing by the Board of Pardons pertaining to the individual's case, which may be oral or written, and shall be considered by the Board of Pardons as to the advisability of any pardon or related release and any conditions of release.
(3) The Board of Pardons through the Office of Victim Advocate shall make all reasonable efforts to effectuate notice within 30 days of the date that a hearing is granted and at least 60 days prior to the hearing. The Board of Pardons and the Office of Victim Advocate shall certify in writing to each member of the Board of Pardons:
(i) the date and manner by which notice was effectuated; or
(ii) a detailed description of all means or measures employed to locate the victims or next of kin to furnish notice.
(4) During any hearing granted under this chapter, a victim or next of kin shall be permitted to offer testimony before the Board of Pardons in person, in writing or via videoconferencing or similar virtual presence technology at the sole discretion of the victim or next of kin.
(5) If the Board of Pardons fails to comply with any of the provisions of this subsection, any action by the Board of Pardons to which the failure to comply applies, including a vote or recommendation under this chapter, shall be null and void.
(g) Hearings.--Each member of the Board of Pardons shall interview an applicant in instances where the Board of Pardons chooses to have an application submitted by the following:
(1) an inmate serving a life sentence or a sentence of death;
(2) an inmate serving a sentence for murder of the third degree, voluntary manslaughter, attempt to commit murder of the third degree or attempt to commit voluntary manslaughter; or
(3) an inmate serving a sentence for a crime of violence.
(g.1) Interview.--An interview conducted under subsection (g) shall be in person, unless any requisite travel or transport of the applicant would cause an undue medical hardship.
(h) Rules and regulations.--The Board of Pardons shall adopt rules and regulations governing actions of the board and all hearings and recommendations shall be subject to the rules and regulations.
(i) Recordkeeping.--The Board of Pardons shall keep records of all actions, which shall, at all times, be open for public inspection.
(j) Offices.--Upon request, the Department of Corrections shall make available facilities, administrative support and other assistance to the board. The Secretary of the Board of Pardons shall employ staff as necessary to carry out the board's duties under this chapter.
(k) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
APPENDIX TO TITLE 61
PRISONS AND PAROLE
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Supplementary Provisions of Amendatory Statutes
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2009, AUGUST 11, P.L.147, NO.33
§ 8. Continuation of prior law.
Except as set forth in section 9 of this act, the addition of 61 Pa.C.S. Pts. I, II, III, IV and V is a continuation of the acts and parts of acts listed in section 11 of this act.
Explanatory Note. Act 33 added Parts I, II, III, IV and V of Title 61 and amended, added or repealed sections 102, 301, 1501, 1511, 1515, 1516, 1520, 2154.4, 2154.5, 2154.6, 9755.1, 9756, 9775, 9776 and 9777 and Chapter 99 of Title 42.
§ 10. Applicability.
The following shall apply:
(1) Except as otherwise provided in 61 Pa.C.S. Pts. I, II, III, IV and V, all activities initiated under any of the acts identified in section 8 of this act shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, regulations, rules and decisions which were made under any of the acts identified in section 8 of this act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts, obligations and agreements entered into under any of the acts identified in section 8 of this act are not affected nor impaired by the continuation of the acts and parts of acts identified in section 8.
(2) Any difference in language between 61 Pa.C.S. Pts. I, II, III, IV and V and the acts identified in section 8 of this act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of those acts, except as follows:
61 Pa.C.S. Part I.
61 Pa.C.S. § 3104(f).
The definition of "motivational boot camp" in 61 Pa.C.S. § 3903, by deleting an obsolete reference to ventilation therapy.
61 Pa.C.S. § 5903, by adding a reference to civilian clothing to conform to Department of Corrections policy.
61 Pa.C.S. § 6112(a)(5).
61 Pa.C.S. § 6138(a)(5)(ii) and (d) to conform to Department of Corrections policy.
§ 12. References in text.
A reference in any act or part of an act to:
(1) A parole agent of a county shall be deemed a reference to a probation officer.
(2) A parole officer of the State shall be deemed a reference to a parole agent.
(3) The County Probation and Parole Officers' Firearm Education and Training Program shall be deemed a reference to the County Probation Officers' Firearm Education and Training Program.
(4) The County Probation and Parole Officers' Firearm Education and Training Fund shall be deemed a reference to the County Probation Officers' Firearm Education and Training Fund.
§ 13. Continuation of commission.
The County Probation Officers' Firearm Education and Training Commission is a continuation of the County Probation and Parole Officers' Firearm Education and Training Commission.
§ 14. Continuation of fund.
The County Probation Officers' Firearm Education and Training Fund is a continuation of the County Probation and Parole Officers' Firearm Education and Training Fund.
2010, OCTOBER 7, P.L.476, NO.65
Preamble
The General Assembly finds and declares as follows:
(1) The purpose of this act is to require notice and a hearing relating to any request for proposal issued by the Department of Corrections for beds in a community corrections facility for inmates with prerelease status or individuals who are on parole.
(2) The hearing will provide concerned parties the opportunity to receive information regarding the beds requested at a community corrections facility and the impact on the community.
(3) The hearing will also provide individuals with the opportunity to ask questions and express concerns relative to the request for proposal.
Explanatory Note. Act 65 added Chapter 47 of Title 61.
2010, OCTOBER 27, P.L.931, NO.95
§ 23. Continuation of regulations adopted under prior law.
The regulations adopted under the former act of December 27, 1965 (P.L.1237, No.502), entitled "An act establishing regional correctional facilities administered by the Bureau of Correction as part of the State correctional system; establishing standards for county jails, and providing for inspection and classification of county jails and for commitment to State correctional facilities and county jails," and the former act of October 16, 1972 (P.L.913, No.218), entitled "An act establishing regional community treatment centers for women administered by the Bureau of Correction of the Department of Justice as part of the State Correctional System, providing for the commitment of females to such centers and their temporary release therefrom for certain purposes, restricting confinement of females in county jails and conferring powers and duties upon the Department of Justice and the Bureau of Correction," prior to the effective date of this section shall continue to have the force and effect of law and shall be construed to be consistent with the provisions of 61 Pa.C.S. § 1105.
Explanatory Note. Act 95 amended, added or repealed sections 102 and 1105, the heading of Subchapter B of Chapter 17, sections 1721, 1722 and 1723, the heading of Subchapter C of Chapter 17, section 1731, the heading of Subchapter A of Chapter 31, section 3102, Subchapter B of Chapter 31 and sections 3909, 4109, 4510, 5906, 6113, 6124, 6131, 6137, 6138, 6140, 6153, 7103 and 7115 of Title 61 and sections 2154, 2154.2, 2154.7, 9721 and 9774 of Title 42.
§ 24. Continuation of prior law.
The addition of 61 Pa.C.S. Ch. 31 Subch. B is a continuation of the act of June 1, 1915 (P.L.656, No.289), entitled "An act providing a system of employment and compensation for the inmates of the Eastern Penitentiary, Western Penitentiary, and the Pennsylvania Industrial Reformatory at Huntingdon, and for such other correctional institutions as shall be hereafter established by the Commonwealth, and making an appropriation therefor." The following apply:
(1) Except as otherwise provided in 61 Pa.C.S. Ch. 31 Subch. B, all activities initiated under the act of June 1, 1915 (P.L.656, No.289), shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Ch. 31 Subch. B. Resolutions, orders, regulations, rules and decisions which were made under the act of June 1, 1915 (P.L.656, No.289), and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 61 Pa.C.S. Ch. 31 Subch. B. Contracts, obligations and agreements entered into under the act of June 1, 1915 (P.L.656, No.289), are not affected nor impaired by the repeal of the act of June 1, 1915 (P.L.656, No.289).
(2) Any difference in language between 61 Pa.C.S. Ch. 31 Subch. B and the act of June 1, 1915 (P.L.656, No.289), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of the act of June 1, 1915 (P.L.656, No.289).
2020, NOVEMBER 25, P.L.1219, NO.124
§ 2. Applicability.
The addition of 61 Pa.C.S. § 6139(a)(3.3) and (3.4) shall apply to all of the following:
(1) Individuals convicted of an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) before the effective date of this section who remain under the jurisdiction of the Department of Corrections.
(2) Individuals who commit an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) on or after the effective date of this section.
(3) Individuals who, before or after the effective date of this section:
(i) commit an offense subject to 42 Pa.C.S. Ch. 97 Subch. H or I;
(ii) are designated as sexually violent predators; and
(iii) are under the jurisdiction of the Department of Corrections.
Explanatory Note. Act 124 amended section 6139 of Title 61.
2021, JUNE 30, P.L.260, NO.59
§ 27. Applicability.
The following shall apply to transfers:
(1) The Pennsylvania Parole Board and the functions, powers and duties of the Pennsylvania Parole Board, including the powers and duties contained in 61 Pa.C.S. Ch. 61 Such. F and that formerly resided within the Pennsylvania Parole Board, are transferred to the Department of Corrections.
(2) Upon approval of the Governor, the following are transferred to the Department of Corrections, to be used, employed and expended in connection with the functions, powers and duties transferred under paragraph (1):
(i) Personnel, contract obligations, records, files, property, supplies and equipment being used or held on the effective date of this section in connection with the functions, powers and duties transferred under paragraph (1).
(ii) Personnel transferred under this section who on the effective date of this section hold civil service employment status shall retain such status and protections afforded under 71 Pa.C.S. Pt. III while they remain in their current position.
(iii) Unexpended balances of appropriations, allocations and other funds available or to be made available for use in connection with the functions, powers and duties transferred under paragraph (1).
(3) To the extent that any employee of the Pennsylvania Parole Board is transferred to the Department of Corrections as a result of this act, such action shall not require the department or the Pennsylvania Parole Board to engage in collective bargaining or impact bargaining with the collective bargaining representative of the employees under the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or any other laws of this Commonwealth.
Explanatory Note. Act 59 amended, added or repealed sections 2151.1, 2155, 5950, 5952, 6307, 8332.7, 8340, 9543.1, 9718.5, 9727, 9764, 9776, 9777, 9799.13, 9799.16, 9799.19, 9799.20, 9799.22, 9799.24, 9799.25, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.35, 9799.38, 9799.54, 9799.55, 9799.56, 9799.58, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68, 9799.69, 9799.72 and 9912 of Title 42, sections 102, 1106, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, Part IV heading, sections 6101, 6102, 6111, 6112, 6113, 6116, 6118, 6119, 6120, 6121, 6124, 6131, 6132, 6133, 6134, 6134.1, 6136, 6137, 6138, 6139, 6140, 6141, 6143, Subchapters D, F and G, sections 6302, 7115, 7121, 7122 and Chapter 73 of Title 61 and section 5102 of Title 71.
§ 28. Reference in law.
Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined in 61 Pa.C.S. § 6101. This act does not change the status of State parole agents for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause State parole agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act.
2024, OCTOBER 29, P.L.1037, NO.114
§ 7. Continuation of prior law.
Except as provided in paragraph (2):
(1) The addition of 42 Pa.C.S. Ch. 63 Subch. G is a continuation of 61 Pa.C.S. Ch. 57. Except as provided in 42 Pa.C.S. Ch. 63 Subch. G, all activities initiated under 61 Pa.C.S. Ch. 57 shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch. G. Orders, regulations, rules and decisions which were made under 61 Pa.C.S. Ch. 57 and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. G. Contracts, obligations and collective bargaining agreements entered into under 61 Pa.C.S. Ch. 57 are not affected nor impaired by the repeal of 61 Pa.C.S. Ch. 57.
(2) Paragraph (1) does not apply to the following:
(i) The definitions of "child," "department," "exclusion" and "seclusion" in 42 Pa.C.S. § 6381.
(ii) 42 Pa.C.S. § 6382.
(iii) 42 Pa.C.S. § 6384(a)(5).
Explanatory Note. Act 114 amended, added or repealed Subchapter G of Title 42 and sections 1104, 1731, 1758, Chapter 57 and sections 5905, 5908, 5909 and 5911 of Title 61.
2025, NOVEMBER 24, P.L.326, NO.53
§ 8. Allocation of money.
Notwithstanding any other provision of law, for fiscal year 2025-2026:
(1) $213,200 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the Public Protection Law Enforcement Restricted Account for the purpose of implementing the provisions of this act by the Office of Attorney General.
(2) $719,550 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the State Parks User Fees Restricted Receipts Account for the purpose of implementing the provisions of this act by the Department of Conservation and Natural Resources.
Explanatory Note. Act 53 amended or repealed sections 5702 and 5729 of Title 18, section 901 of Title 30, section 901 of Title 34, sections 67A01 and 67A07 of Title 42 and section 6171 of Title 61.