GAGNON I & II HEARINGS
If you violate one or more of the terms of your probation, either technically (failing to report to your probation officer; failed urine screening) or directly (being charged with a new crime), you have certain rights. Shortly after being detained for your violation, a Gagnon I hearing will be scheduled. Here, a judge will determine whether you should be incarcerated pending you full hearing on the matter. If the judge is so inclined, he or she will release you until your full hearing. If not, you will be held in jail until this hearing. This is known as a “detainer.”
This hearing, known as a Gagnon II hearing, must be scheduled within 30 days of the Gagnon I hearing. Here, the judge will determine whether to violate you on the terms of you probation. He or she will consider the positions of your attorney and the District Attorney, as well as the recommendations made by your probation officer. If you are found in violation of your probation, the judge will give you a new sentence on the case for which you were on probation for.
STATE PAROLE HEARINGS
61 Pa.C.S. § 6138 addresses violations of the terms of one’s state parole:
A state parolee under the jurisdiction of the parole board who is released from a correctional facility and, during the period of parole, commits a crime that is punishable by imprisonment, for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere at any time thereafter, may at the discretion of the board be recommitted as a parole violator. If the parolee’s recommitment is ordered, the parolee shall be reentered to serve the remainder of the term which the parolee would have been compelled to serve had the parole not been granted and shall be given no credit for the time at liberty on parole. However, the board may, in its discretion, re-parole whenever the best interests of the inmate justify or require the inmate’s release on parole and it does not appear that the interests of the Commonwealth will be injured.