Fisher v. Pennsylvania Board of Probation & Parole
2013 Pa. Commw. LEXIS 51
| Pa. Commw. Ct. | 2013Background
- Fisher, on parole for robbery and conspiracy, committed federal offenses while on parole and was recommitted as a convicted parole violator.
- He waived his right to a parole revocation hearing on December 9, 2011, with an admissions form, and was informed withdrawal was possible within 10 days.
- The Board computed his backtime based on his federal offenses, applying 18–24 month presumptive ranges under 37 Pa. Code § 75.1–75.2.
- He was returned to Pennsylvania state custody in November 2011 and the Board lifted its detainer when he recommitted.
- The Board’s May 18, 2012 order recommitted Fisher to serve 3 years, 6 months, 29 days, within the applicable presumptive range, and the administrative appeal was denied.
- The court expressly refused to resolve two issues: whether the Board retained jurisdiction during federal confinement and whether the 120-day hearing deficiency claim was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness challenge after waiver of revocation hearing | Fisher argues timeliness could be challenged post-waiver | Board argues waiver forecloses later timeliness claims | Waiver precluded timeliness challenge |
| Board's jurisdiction during federal confinement | Fisher preserved Board's jurisdiction issue | Board retained jurisdiction during federal confinement | Not addressed on the record |
| Due process: 120-day hearing after transfer back | Fisher claims delayed revocation hearing violated due process | Board complied with applicable regulations | Not addressed on the record |
| Backtime within presumptive range; justification | Backtime should reflect lower presumptive range given federal sentence | Backtime within 18–24 month range for related offenses; justification provided | Backtime within maximum presumptive range; affirmed |
Key Cases Cited
- Prebella v. Pennsylvania Bd. of Prob. & Parole, 942 A.2d 257 (Pa.Cmwlth. 2008) (waiver of hearing is sufficient when board provides required information)
- Smith v. Pennsylvania Bd. of Prob. & Parole, 524 Pa. 500, 574 A.2d 558 (Pa. 1990) (propriety of recommitment within presumptive range unresolved by challenge)