§ 65.4. General conditions of special probation or parole.

 A special probationer or parolee is subject to the following conditions:

   (1)  Be under the supervision of a district office or suboffice and not leave that district without prior written permission of the parole supervision staff.

   (2)  Obtain the written permission of the parole supervision staff before changing his residence.

   (3)  Maintain regular contact with the parole supervision staff by:

     (i)   Reporting regularly as instructed and following written instructions of the Board or the parole supervising staff.

     (ii)   Notifying the parole supervision staff within 72 hours of one of the following:

       (A)   Arrest.

       (B)   Receipt of a summons or citation for an offense punishable by imprisonment upon conviction.

     (iii)   Notifying the parole supervision staff within 72 hours of a change in status including, but not limited to employment, on the job training and education.

   (4)  Comply with municipal, county, State and Federal criminal statutes, as well as the Vehicle Code and the Liquor Code (47 P. S. § §  1-101—9-902).

   (5)  Additionally:

     (i)   Abstain from the unlawful possession or sale, of narcotics and dangerous drugs and abstain from the use of controlled substances within the meaning of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780.144) without a valid prescription.

     (ii)   Refrain from owning or possessing firearms or other weapons.

     (iii)   Refrain from assaultive behavior.

   (6)  Pay fines, costs and restitution imposed by the sentencing court in accordance with the instructions contained in the Conditions Governing Special Probation/Parole form.

Authority

   The provisions of this §  65.4 issued under: section 506 of The Administrative Code of 1929 (71 P. S. §  186); and sections 16.2, 17.1 and 23 act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. § §  331.16b, 331.17a and 331.23); amended under: section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. § §  331.1—331.34).

Source

   The provisions of this §  65.4 amended June 24, 1977, effective June 25, 1977, 7 Pa.B. 1745; amended January 16, 1981, effective January 17, 1981, 11 Pa.B. 353; amended January 15, 1988, effective January 16, 1988, 18 Pa.B. 250. Immediately preceding text appears at serial pages (104829) to (104830).

Notes of Decisions

   Admission of Evidence

   Laboratory reports were properly admitted during a hearing for technical violations under this section because the persons with knowledge of the reports were beyond the Board’s subpoena power. Damron v. Board of Probation and Parole, 531 A.2d 592 (Pa. Cmwlth. 1987).

   Frivolous Appeal

   A petitioner’s appeal was frivolous since the court will not review the Board’s discretion in imposing an amount of backtime for parole violations where the violations are supported by substantial evidence, and the backtime imposed is within the presumptive range for those violations. Strothers v. Board of Probation and Parole, 554 A.2d 1017 (Pa. Cmwlth. 1989).



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