Jacobs v. Pennsylvania Board of Probation & Parole
24 A.3d 1074
| Pa. Commw. Ct. | 2011Background
- Jacobs was paroled from an original 12–27 year sentence and later convicted of new crimes, leading to a Board duty to consider revocation as a convicted parole violator.
- The Board initially revoked Jacobs’ parole in 2007 after a May 9 revocation hearing, recalculating his maximum term to 2019.
- Jacobs challenged timeliness under 37 Pa. Code § 71.4, arguing the 120‑day clock started before official verification was received.
- On remand, a July 29, 2009 hearing addressed whether the Board unreasonably delayed after receiving notice of the new conviction.
- Evidence showed the Board received notice via a 2006 sentencing order and related materials, but the timing and handling of that notice were disputed.
- The hearing examiner found timeliness, but the Commonwealth Court ultimately concluded the Board delayed unreasonably and reversed the Board’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 71.4 applies to a convicted parole violator finding | Jacobs argues 71.4 governs timeliness of the hearing | Board contends 71.4 does not apply when the parole was revoked for technical violations | Yes, § 71.4 applies to convicted violator revocation proceedings. |
| Whether the 120‑day clock started with official verification notice | Notice to Harrisburg was sufficient to start 120 days | Board delayed beyond reasonable time after receipt of notice | No; Board unreasonably delayed after receiving notice. |
| Whether the Board’s receipt and handling of the sentencing proceeding constituted official verification timely enough | Sentence proceeding or notice equates to official verification | Only formal official verification triggers the 120‑day clock | The Board failed to timely convey the information to the supervising agent; timeliness not satisfied. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (due process in parole revocation)
- Williams v. Pa. Bd. of Prob. & Parole, 134 Pa. Cmwlth. 597, 579 A.2d 1369 (Pa. Cmwlth. 1990) (timeliness when no official verification; delays not tolled by parolee)
- Fitzhugh v. Pa. Bd. of Prob. & Parole, 154 Pa. Cmwlth. 123, 623 A.2d 376 (Pa. Cmwlth. 1993) (board notice and verification timing issues)
- Lawson v. Pa. Bd. of Prob. & Parole, 977 A.2d 85 (Pa. Cmwlth. 2009) (strict adherence to 71.4; due diligence not required)
- Jacobs I, v. Pa. Bd. of Prob. & Parole, 958 A.2d 1110 (Pa. Cmwlth. 2008) (remand for evidentiary consideration of timeliness)