37 Pa. Code § 75.2

Current through Register Vol. 54, No. 45, November 9, 2024
Section 75.2 - Presumptive ranges for convicted parole violators

If the Board orders the recommitment of a parolee as a convicted parole violator, the parolee shall be recommitted to serve an additional part of the term which the parolee would have been compelled to serve had he not been paroled, in accordance with the following presumptive ranges:

Offense CategoriesPresumptive Ranges
Murder36 months to expiration of maximum sentence
Criminal Conspiracy
(Murder)24 months to 48 months
Voluntary Manslaughter24 months to 48 months
Involuntary Manslaughter12 months to 18 months
Homicide by Vehicle12 months to 18 months
Driving Under Influence3 months to 6 months
Violation No Fault Motor
Vehicle Insurance Act3 months to 6 months
Accident Involving Death or
Personal Injury (Hit and
Run)1 month to 6 months
Reckless Driving0 months to 6 months
Aggravated Assault:
Felony of the Second
Degree24 months to 40 months
Misdemeanor of the First
Degree15 months to 28 months
Assault by Prisoner24 months to 33 months
Recklessly Endangering
Another Person12 months to 18 months
Simple Assault9 months to 15 months
Terroristic Threats6 months to 12 months
Harrassment1 month to 6 months
Kidnapping30 months to expiration of maximum sentence
False Imprisonment6 months to 12 months
Rape (Forcible)30 months to 48 months
Involuntary Deviate Sexual
Intercourse27 months to 40 months
Statutory Rape18 months to 24 months
Indecent Assault12 months to 18 months
Indecent Exposure6 months to 12 months
Arson27 months to 40 months
Criminal Mischief:
Felony of the Third Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the Third
Degree or Summary
Offense1 month to 3 months
Burglary15 months to 24 months
Criminal Trespass:
Felony of the Second
Degree12 months to 18 months
Felony of the Third Degree6 months to 12 months
Misdemeanor of the Third
Degree or Summary
Offense1 month to 6 months
Robbery:
Felony of the First Degree30 months to 48 months
Felony of the Second or
Third Degree24 months to 40 months
Theft:
Felony of the Third Degree
or Misdemeanor of the
First Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the Third
Degree1 month to 6 months
Theft by Deception:
Felony of the Third Degree
or Misdemeanor of the
First Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the Third
Degree1 month to 6 months
Receiving Stolen Property:
Felony of the Third Degree
or Misdemeanor of the
First Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the Third
Degree1 month to 6 months
Theft of Services:6 months to 12 months
Felony of the Third Degree
or Misdemeanor of the
First Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the Third
Degree or Summary
Offense1 month to 6 months
Unauthorized Use of Auto
or Other Vehicle6 months to 12 months
Retail Theft:
Felony of the Third Degree
or Misdemeanor of the
First Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Misdemeanor of the
Third Degree or
Summary Offense1 month to 6 months
Forgery6 months to 12 months
Bad Checks:
Misdemeanor of the
Second Degree6 months to 12 months
Summary Offense1 month to 6 months
Credit:
Felony of the Third Degree6 months to 12 months
Misdemeanor of the
Second Degree3 months to 6 months
Summary Offense1 month to 6 months
Incest12 months to 18 months
Unsworn Falsification to
Authorities3 months to 6 months
Obstructing Administration
of Law or other
Governmental Function6 months to 12 months
Resisting Arrest6 months to 12 months
Escape6 months to 12 months
Default in Required
Appearance1 month to 6 months
Failure to Disperse Upon
Official Order3 months to 6 months
Disorderly Conduct1 month to 6 months
Harassment by
Communication or
Address1 month to 6 months
Loitering & Prowling at
Night6 months to 12 months
Open Lewdness3 months to 6 months
Prostitution3 months to 6 months
Drug Law Violations:
Felony with Statutory
Maximum of 15 years24 months to 36 months
Felony with Statutory
Maximum of 10 years18 months to 24 months
Felony with Statutory
Maximum of 5 years9 months to 15 months
Felony with Statutory
Maximum of 3 years and
Misdeameanors
with Statutory
Maximum of 2 or 3 years6 months to 12 months
Misdemeanor with
Statutory Maximum
of 1 year3 months to 6 months
Misdemeanor with
Statutory Maximum of
30 days1 month to 3 months
Violation of any Provision
of the Pennsylvania
Uniform Firearms Act18 months to 24 months
Prohibited Offensive
Weapons12 months to 18 months
Possessing Instruments of
Crime6 months to 12 months
Corruption of Minors18 months to 24 months
Criminal AttemptRelate to Crime
Criminal SolicitationRelate to Crime
Criminal ConspiracyRelate to Crime

37 Pa. Code § 75.2

The provisions of this §75.2 adopted August 17, 1979, effective 8/18/1979, 9 Pa.B. 2687; amended January 16, 1981, effective 1/17/1981, 11 Pa.B. 353; amended June 1, 1984, effective 6/2/1984, 14 Pa.B. 1865; amended January 15, 1988, effective 1/16/1988, 18 Pa.B. 250.

This section cited in 37 Pa. Code § 75.1 (relating to application of presumptive ranges to convicted parole violators).