J. Wright v. PA BPP
2037 C.D. 2016
| Pa. Commw. Ct. | Sep 14, 2017Background
- Petitioner Jason Wright was serving a 15-year Pennsylvania sentence with an original max date of Feb. 15, 2013; 3,271 days remained when he was paroled to federal custody on Mar. 3, 2004.
- Wright served a federal sentence (Mar. 3, 2004–Mar. 13, 2008), was released on federal parole but failed to report to PA supervision, was later arrested in Virginia on Oct. 21, 2011, and a PA Board detainer was lodged the same day.
- He was convicted on the Virginia charges (Mar. 16, 2012; sentenced July 31, 2013), served a federal 30‑month sentence for federal parole violation, completed that term on July 2, 2015, and was returned to PA custody.
- The PA Board denied credit for multiple periods (Mar. 3, 2004–Mar. 13, 2008; Oct. 21, 2011–Mar. 25, 2013; Mar. 25, 2013–July 2, 2015) and exercised discretion to forfeit street time, recalculating Wright’s max date to June 15, 2024.
- Wright administratively challenged the recalculation; the Board affirmed. Appointed counsel filed a Turner/Finley no‑merit letter and petition to withdraw; the Commonwealth Court granted withdrawal and affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time Wright spent in federal custody (Mar. 3, 2004–Mar. 13, 2008) should be credited against his PA sentence because it was "constructive parole" rather than liberty on parole | Wright: That period was constructive parole and thus counts as time at liberty on parole that should be credited concurrently to his PA sentence | Board: Even if constructive parole, §6138(a) permits the Board to deny credit for time at liberty on parole for convicted parole violators; it exercised that discretion to deny credit | Court: Wright was on constructive parole for those years, but the Board lawfully exercised its statutory discretion under §6138(a) to deny credit; claim lacks merit |
| Whether the Board improperly caused consecutive (not concurrent) service by denying credit for time held on new Virginia charges and for federal custody (Oct. 21, 2011–Mar. 25, 2013 and Mar. 25, 2013–July 2, 2015) | Wright: He should receive credit for periods spent in custody on the Virginia charges and for federal custody related to his parole violation, so the Board’s denial improperly extended his PA maximum and produced consecutive service | Board: Time in custody for other charges or federal parole violations is not creditable to the PA sentence; Board properly denied credit for time held pending new charges and for federal custody unrelated to the original PA sentence | Court: Board acted within its discretion and statutory authority; denying credit for custody on other offenses and for custody related to separate federal parole violations was proper; claim lacks merit |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (permissible procedure for appointed counsel to file a no‑merit letter to seek withdrawal)
- Pennsylvania v. Finley, 481 U.S. 551 (U.S. 1987) (right to counsel implications for collateral proceedings)
- Bowman v. Pennsylvania Board of Probation and Parole, 709 A.2d 945 (Pa. Cmwlth. 1998) (paroled to another jurisdiction constitutes constructive parole)
- Merritt v. Pennsylvania Board of Probation and Parole, 574 A.2d 597 (Pa. 1990) (parole to serve a new sentence is constructive parole)
- Cox v. Pennsylvania Board of Probation and Parole, 493 A.2d 680 (Pa. 1985) (definition of being "at liberty on parole")
- Houser v. Pennsylvania Board of Probation and Parole, 682 A.2d 1365 (Pa. Cmwlth. 1996) (parolee loses accumulated street time when recommitted)
- Krantz v. Pennsylvania Board of Probation and Parole, 698 A.2d 701 (Pa. Cmwlth. 1997) (Board may revoke credited street time)
- Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d 19 (Pa. Cmwlth. 2009) (court independently reviews merits after proper Turner/Finley compliance)