A. Matarese v. PA BPP, 572 C.D. 2016

Matarese was paroled from an 11-month, 8-day to 3-year sentence on June 30, 2014; his original maximum release date was June 13, 2016.
Parole conditions warned that if convicted of a crime while on parole the Board could recommit him with no credit for time at liberty on parole.
Board lodged a parole warrant Aug. 2, 2014; Berks County arrested Matarese on Nov. 3, 2014 and set $25,000 bail which he could not post; he pled guilty Jan. 13, 2015 and received a 6–23 month Berks County sentence (with a 7-day credit).
At an April 16, 2015 parole revocation hearing Matarese admitted the conviction; the Board recommitted him as a convicted parole violator and awarded 33 days credit for time at liberty on parole.
After Matarese completed/paroled from his Berks County term on Aug. 19, 2015, the Board applied remaining backtime on the original sentence: it credited 93 days (Aug. 2–Nov. 3, 2014) to the original sentence, left 588 days of backtime, and set a new maximum release date of March 29, 2017.
Matarese administratively appealed arguing the Board failed to credit all time incarcerated solely on the Board’s warrant; the Board denied relief and the Commonwealth Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board miscalculated Matarese’s recalculated maximum release date	Matarese: Board failed to credit all time incarcerated solely on Board warrant toward original sentence	Board: Only time incarcerated solely on the warrant (Aug. 2–Nov. 3, 2014) was credited; time after Nov. 3 was tied to county charges because bail was not posted	Held: Board correctly credited only Aug. 2–Nov. 3, 2014 (93 days) to original sentence; new max date March 29, 2017 affirmed
Whether pretrial confinement after county arrest must be credited to original sentence	Matarese: sought credit for entire confinement period on Board’s warrant	Board: confinement after Nov. 3, 2014 was attributable to county charge because bail was set and not posted; that period must be credited to the county sentence	Held: Time after Nov. 3 credited to county sentence under governing law; Board’s allocation correct

Martin v. Pennsylvania Board of Probation & Parole, 840 A.2d 299 (Pa. 2003) (time in confinement must be credited to either new sentence or original sentence)
Gaito v. Pennsylvania Board of Probation & Parole, 412 A.2d 568 (Pa. 1980) (custody under a detainer warrant is credited to original term only when inmate could have posted bail and remained confined solely by detainer)
Armbruster v. Pennsylvania Board of Probation & Parole, 919 A.2d 348 (Pa. Cmwlth. 2007) (applies Gaito rule to parole revocation credit questions)
Rodriques v. Pennsylvania Board of Probation & Parole, 403 A.2d 184 (Pa. Cmwlth. 1979) (earlier articulation of the detainer-credit principle)
Melhorn v. Pennsylvania Board of Probation & Parole, 883 A.2d 1123 (Pa. Cmwlth. 2005) (remedy for sentencing court failing to give full credit lies in trial court/direct appeal, not with the Board)
McCray v. Department of Corrections, 872 A.2d 1127 (Pa. 2005) (same principle regarding judicial remedy for credit disputes)