61 Pa. C.S. § 6101

Current through P.A. Acts 2023-66

Section 6101 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agent." A State parole agent appointed by the department.

"Board." The Pennsylvania Parole Board.

"Community corrections center." A residential program that is supervised and operated by the department in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities).

"Community corrections facility." A residential facility operated by a private contractor that:

(1) provides housing to offenders pursuant to a contract with the department; and

(2) is operated in accordance with Chapter 50.

"Conditions of supervision." Any terms or conditions of the offender's supervision, whether imposed by the court, the department or an agent, or promulgated by the board as a regulation, including compliance with all requirements of Federal, State and local law.

"Contraband." Any item that the offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by any Federal, State or local law.

"Court." A court of common pleas or any judge thereof, the Philadelphia municipal court or any judge thereof, the Pittsburgh magistrates court or any judge thereof or any magisterial district judge.

"Crime of violence." The term shall have the same meaning given to it under 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).

"Evidence-based practices." Interventions and treatment approaches that have been proven effective through appropriate empirical analysis.

"Exigent circumstances." The term includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle.

"In good standing." An offender who is on parole or reparole shall be considered in good standing if the offender:

(1) is in compliance with all conditions of supervision;

(2) has not been arrested for or charged with a crime other than one from which he has been paroled or one for which he has served the sentence imposed and otherwise complied with all the sanctions imposed other than the payment of money;

(3) is not subject to an active protection from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or an active protection from intimidation order under 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation); and

(4) is in compliance with all legal requirements applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry.

"Personal injury crime." The term shall have the meaning given to it under section 103 of the act of November 24, 1998 ( P.L. 882, No.111), known as the Crime Victims Act.

"Real property." Any residence or business property of a department-supervised offender, including all portions of the property to which the department-supervised offender has access.

"Supervisor." Any individual acting in a supervisory or administrative capacity.

"Victim." The term shall have the meaning given to it under section 103 of the Crime Victims Act. The term shall also include a member of the victim's family or the victim's representative if the victim is incapable of communicating or has died.

61 Pa.C.S. § 6101

Amended by P.L. TBD 2021 No. 59, § 12, eff. 6/30/2021.

Amended by P.L. TBD 2019 No. 115, § 15, eff. 2/17/2020.

2009, Aug. 11, P.L. 147, No. 33, §7, effective in 60 days [ 10/13/2009].