A Parolee that violates of conditions of parole or commits a new crime is subject to parole revocation proceedings. There are two types of violation, technical parole and convicted parole. A Technical Parole Violation is a violation of a parole condition. A Convicted Parole Violation results from a conviction of a new crime. Parole violation proceedings are governed by the 61 Pa. C.S. §6138 and the Board's Regulations.
Technical Parole Violator (TPV)
A TPV is a person under parole supervision who violates the terms and conditions of parole. TPV examples include: breaking curfew, moving without permission, failing to report as instructed, or unauthorized contact with a victim. Some of these violations may be sanctioned by additional parole restrictions, treatment program participation or be recommitted to prison, depending on the severity and frequency of the violation. TPVs shall be given credit for the time served on parole, but with no credit for delinquent time.
Convicted Parole Violator (CPV)
A CPV is a parolee who violates parole by committing a new crime while on parole OR while delinquent on parole. For a parolee to be recommitted as a CPV:
(1) The crime must be committed during the period of parole or while delinquent on parole; and
(2) The crime must be punishable by imprisonment; and,
(3) Parolee must be convicted or found guilty by a judge or jury,
(4) or plead guilty or nolo contendere in a court of record or of any misdemeanor of the third degree and certain summary offenses.1
CPVs are not entitled to credit for time at liberty on parole; however, the Parole Board has discretion to award credit unless the new criminal offense is one of the crimes specified in 6138(a)(2.1).