The Pennsylvania Supreme Court recently held that the Pennsylvania Parole Board lacks the authority to create an evidentiary privilege for records. While the Court recognized the Board’s limitation as an executive agency, it emphasized that Pennsylvania courts have long acknowledged the General Assembly’s power to establish such privileges. 
 

Without clear statutory guidance, uncertainty now surrounds the confidentiality of parole records and the information available to incarcerated individuals regarding parole decisions. This ambiguity increases the risk of inconsistent application, potential litigation, and threats to the safety of individuals whose records are involved. 
 

In response, there is a pressing need to clearly define which parole review records are privileged and the scope of information accessible to both the public and incarcerated individuals. 
 

I am proposing legislation to amend Title 61,   6135 and   6139, establishing clear rules governing records and information related to the parole review process. This proposal not only clarifies which Parole Board documents are privileged but also expands the information available to incarcerated individuals beyond current legal requirements.  
 

By balancing transparency with confidentiality, this legislation ensures meaningful access to information for those affected while protecting sensitive records. 
 

I urge you to co-sponsor this important legislation.