206 A.3d 655
Pa. Commw. Ct.2019Background
- Jordan was paroled June 26, 2017 with an original maximum sentence date of September 20, 2018 (451 days remaining).
- He failed to report to parole/treatment (absconded), was detained August 6, 2017, held 60 days in a PVC/treatment center, and released on re-parole October 5, 2017.
- Jordan was arrested on new drug charges October 23, 2017, did not post bail, pled guilty November 15, 2017, and waived revocation; the Board recommitted him as a convicted parole violator March 15, 2018.
- The Board’s April 12, 2018 order credited Jordan with the 60 days in PVC but denied credit for 19 days at liberty on parole (Oct. 5–23) and for the 142 days in county jail awaiting disposition, and recalculated his max date to April 10, 2019.
- Jordan sought administrative relief and petitioned this Court challenging the recalculation and denial of credits.
Issues
| Issue | Jordan's Argument | Board's Argument | Held |
|---|---|---|---|
| Board authority to recalculate max date upon recommitment | Recalculation impermissibly alters the judicially imposed sentence and extends it beyond the original term | Board may revoke parole credits and recommit to serve the unexpired term under statutory authority | Court: Board acted within authority; recommitment required serving the remaining days only, so no judicial sentence extension |
| Credit for 60 days in PVC (Aug 6–Oct 5, 2017) | Board failed to credit this time | Board credited the 60 days | Held: Board credited the 60 days (no error) |
| Credit for 19 days at liberty on parole (Oct 5–23, 2017) | Should be credited because no disqualifying factors under §6138(a)(2.1); Board failed to explain under Pittman | Board denied credit based on individualized assessment: early parole failure, new conviction while on parole, and absconding | Held: Board adequately explained its discretionary denial under Pittman; refusal to award credit upheld |
| Credit for 142 days in county jail awaiting trial (Oct 23, 2017–Mar 15, 2018) | Time in custody on Board detainer should be applied to original sentence despite failure to post bail | Under Gaito, time is credited to new sentence if detainee failed to post bail on new charges | Held: Because Jordan did not post bail, those 142 days properly credited to the new sentence, not the original sentence |
Key Cases Cited
- Young v. Pa. Bd. of Prob. & Parole, 409 A.2d 843 (Pa. 1979) (Board may revoke parole credits and require parolee to serve remainder of original term)
- Commonwealth ex rel. Banks v. Cain, 28 A.2d 897 (Pa. 1942) (duration of the maximum sentence controls; Board reinstatement restores unserved balance)
- Pittman v. Pennsylvania Board of Probation and Parole, 159 A.3d 466 (Pa. 2017) (Board must individually assess and explain decision when exercising discretion to award credit for time at liberty on parole)
- Gaito v. Pennsylvania Board of Probation and Parole, 412 A.2d 568 (Pa. 1980) (pretrial custody on Board detainer is credited to original sentence only if detainee met bail requirements; otherwise credited to new sentence)
- Smith v. Pa. Bd. of Prob. & Parole, 171 A.3d 759 (Pa. 2017) (reaffirming Gaito rule on allocation of pretrial custody credit)
- Andrews v. Pa. Bd. of Prob. & Parole, 516 A.2d 838 (Pa. Cmwlth. 1986) (no credit against original sentence for delinquent time or absconding while on parole)