For the Defense - Vol. 8, Issue 4 - 24
underlying the conviction from a single sentencing proceeding. An
OGS of 1 to 3 would carry a recommended recommitment of 1 to
6 months. An OGS of 4 to 7 would be 6 to 12 months. An OGS of
8 to 12 would be 12 to 18 months. An OGS of 13 to 16 would be
18 to 30 months unless the parolee had a major felony or SORNA
offense as the current or any prior conviction. With a " violent "
offense on record that range is 24 to 36 months. An OGS of 17 to
26 carries a range of 24 to 36 months without a violent offense and
36 to 48 with a violent offense. Any OGS above 27 months carries
a recommended range of 60 months to the unserved balance of
the offender's original sentence.13
One point will be added to the
OGS in calculating the presumptive range of the recommitment
on a second recommitment as a convicted parole violator on that
original state sentence.
The new guidelines seemingly did away with the Board's ability
to stack convictions from a single sentencing proceeding to extend
the recommitment range under the old guidelines.14
As it is likely
that a defendant having convictions on different dates could face
multiple revocations and consecutive recommitments, consolidating
pleas limits his exposure.
Do not allow the client to languish.
A parole agent is a peace officer and " given police
power and authority throughout this Commonwealth
to arrest without warrant, writ, rule or process any
department-supervised offender for failing to report
as required or for any other violation of his conditions
of supervision. " 15
Further, " [p]arole shall be subject
in every instance to the Commonwealth's right to
immediately retake and hold in custody without
further proceedings any offender charged after
his parole with an additional offense until a
determination can be made whether to continue
his parole status. " 16
Once detained on a
Board warrant following an arrest
on new criminal charges, your
client may remain incarcerated
pending the disposition of those
charges until his original max date
as there is no right to bail release
from a state parole detainer.17
Even if moved to a state
correctional institution during
the pendency of his criminal
charges, a recommitted technical
parole violator cannot accrue
the benefit of automatic reparole
if also detained pending
the disposition of your criminal
case.18
violator pending " sitting in a state
prison, he can be denied work
assignments and Department of
Corrections programs that would
aid in his rehabilitation.19
With
this in mind, you should vigorously
pursue his right to a speedy trial.
If a satisfactory disposition is
available at a preliminary hearing,
do it then or at the first available
opportunity.
Moreover, as a " parole
24 For The Defense l Vol. 8, Issue 4
For the Defense - Vol. 8, Issue 4
Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 4
Contents
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For the Defense - Vol. 8, Issue 4 - Contents
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