E - H Definitions
Electronic Monitoring
A tool used to monitor an parolee’s compliance to home arrest or curfews. The tool consists of a Transmitter (XMIT), most often worn on the ankle of the offender that transmits a signal to a Field Monitoring Device (FMD) that is connected to a telephone in the offender’s residence. The FMD then forwards information, via telephone lines, to the Board's 24/7 Operations Monitoring Center
Gagnon I Hearing
A first-level, probable cause hearing held by a court or a probation officer to determine whether there is sufficient evidence to charge an offender with a violation of probation or parole.
Gagnon II Hearing
A second-level, fact-finding hearing held by a common pleas court to determine whether an offender has in fact violated the terms and conditions of probation or parole and, if so, whether the offender should be sent to prison as a violator or continued on probation or parole.
General Conditions
Terms or requirements of parole promulgated by the Board and codified in 37 Pa. Code § 63.4. These conditions apply to all parolees.
Good Time
As used in connection with technical parole violators, that time spent on parole in compliance with the terms and conditions of parole; which time is credited against an offender's maximum sentence upon recommitment as a technical parole violator; equivalent of "time on parole in good standing" or "street time"
Habeas Corpus
A Latin phrase meaning “you have the body”; an independent proceeding instituted to determine whether a defendant, usually a prisoner, is being unlawfully deprived of his/her liberty (unlawfully imprisoned).
Hearings (Types)
Cox: An evidentiary hearing to determine if a parolee’s stay at a Community Corrections Center is the equivalence of incarceration
Detention: A hearing, held within 30 days of parolee’s detention, unless waived or a criminal preliminary hearing has previously been held, to determine whether there is probable cause that a parolee should be detained or returned pending disposition of a new criminal charge
Preliminary: A hearing, held no later than 14 days after parolee’s detention, to determine whether there is probable cause to believe that a parolee has committed a violation of a condition of parole
Rescission: A hearing to decide whether there is good cause for rescinding parole
Revocation: A hearing, held within 120 days of a plea of guilty, nolo contendere, or a guilty verdict, or from official notification of return to a state institution if detained elsewhere, to determine whether a parolee should be recommitted as a convicted parole violator
Violation: A hearing, held no later than 120 days from the preliminary hearing, to determine whether a parolee should be recommitted as a technical violator
Hearing Examiner
An agent of the Parole Board who is empowered to sit on parole revocation panels, conduct parole hearings in lieu of panels and conduct parole interviews on behalf of the Parole Board.
High Risk Behavior
Behaviors that epidemiological evidence indicates increase the risk of contracting HIV, other blood-borne pathogens, or infectious diseases.
Home Plan
The residence where the inmate plans to live upon release from custody.