RE: ADMINISTRATIVE ORDER 1995-13 -- STATE SENTENCES FAILURE TO MAKE PAROLE OR VIOLATION OF PAROLE EFFECT
ORDER OF COURT
AND NOW, this 23rd day of October, 1995, IT IS HEREBY ORDERED that when a defendant is sentenced to a term, the maximum of which comes within the range of two years to five years less a day so that the defendant is subject to the authority of the Pennsylvania Board of Probation and Parole, if such defendant is denied parole at the expiration of his minimum sentence or if there is a finding by the Pennsylvania Board of Probation and Parole of probable cause to believe that the defendant has violated parole, the defendant shall be transferred to a state correctional institution, unless otherwise ordered by the sentencing judge.
BY THE COURT,
Robert A. Freedberg, P.J.
Comment: This rule provides that in all cases wherein the defendant is sentenced initially to serve a state parole sentence in Northampton County Prison, the defendant shall be transferred to a state correctional institution if the defendant fails to obtain parole at the expiration of his minimum or, having obtained parole, it is determined by the Pennsylvania Board of Probation and Parole that there is probable cause to believe that he has violated the parole and defendant has been detained pending disposition of the parole violation petition. In either instance, the defendant shall be transferred to a state correctional institution to serve the balance of his period of incarceration. This will not apply only if the sentencing judge expressly states that it is not to apply in a particular case.