M. Williams v. PPB
487 C.D. 2020
| Pa. Commw. Ct. | Mar 1, 2021Background
- Williams was sentenced in 2013 to 2–4 years and released on parole to a community corrections center (CCC) in Feb 2017.
- He incurred multiple new criminal charges in 2017–2018, was detained by the Parole Board and later convicted on county charges; county sentences (concurrent 8–16 months) were imposed in May 2019.
- The Board recommitted Williams as a convicted parole violator (CPV) to serve 18 months when available; Allegheny County released him to the Board on Jan 2, 2020.
- On Jan 17, 2020 (corrected Feb 4), the Board denied credit for pre-sentence confinement and time at the CCC, recalculating Williams’ parole-violation maximum date to Dec 9, 2021; the Board issued a final decision on Feb 11, 2020.
- Williams filed additional administrative appeals after Feb 11; the Board dismissed the March filings as second/subsequent appeals barred by 37 Pa. Code § 73.1 and on Apr 28, 2020 declined further action. Williams petitioned this Court; the Court affirmed the Board on Mar 1, 2021.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board erred by refusing to credit pre-sentence confinement toward Williams’ original sentence | Williams: time spent in confinement while held on both a Board detainer and new charges must be credited to either the new or original sentence (citing Martin), so he is entitled to credit | Board: merits were decided in its Feb 11, 2020 final decision; Williams failed to timely appeal that decision; issues now waived | Court: Waived — Williams did not timely appeal the Feb 11, 2020 final adjudication, so merits are not before the Court |
| Whether the Board properly dismissed Williams’ March administrative appeals as procedurally improper | Williams: (through counsel) sought reconsideration of credit and calculation errors | Board: its regulation prohibit second/subsequent administrative appeals; the March filings were barred and properly not considered | Court: Affirmed — Board correctly applied 37 Pa. Code § 73.1 and dismissed the subsequent appeals as procedurally improper |
Key Cases Cited
- Martin v. Pennsylvania Board of Probation and Parole, 840 A.2d 299 (Pa. 2003) (when an offender is confined on both a Board detainer and new criminal charges, confinement time must be credited to either the new sentence or the original sentence)