19 A.3d 1178
Pa. Commw. Ct.2011Background
- Johnson was paroled in 2006 from a lengthy robbery/theft sentence to a community corrections center.
- In 2009 Johnson faced new charges, pled guilty to conspiracy to commit theft, attempted theft, and simple assault, and was sentenced to 6–23 months plus one year probation.
- He was immediately paroled by the sentencing judge and returned to SCI Graterford on a Board detainer.
- The Board sought certified proof of Johnson's conviction; the certified copy was not produced until November 23, 2009.
- The Board held a revocation hearing on January 20, 2010; the Board issued a March 12, 2010 decision recommitting Johnson for 12 months backtime.
- Johnson argued the revocation hearing was untimely under 37 Pa.Code § 71.4; the Board denied administrative relief, and Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of revocation hearing under 71.4(1). | Johnson contends the 120-day period began Sep 1, 2009 and expired by Dec 30, 2009, making the Jan 20, 2010 hearing untimely. | Board argues the 120-day period begins upon official verification of the guilty plea, Nov 23, 2009, with an 81-day delay attributable to external factors excluded. | Board failed to show timeliness; exception did not apply; hearing untimely. |
| Effect of confinement outside the DOC on 71.4(1) timing. | Because Johnson was confined outside the DOC until Sep 1, 2009, the 120-day clock runs from return to state facility. | Timing anchored to official verification date per 71.4(1)(i). | Johnson’s confinement outside the DOC invokes the 71.4(1)(i) exception; timing runs from Sep 1, 2009 return, not Nov 23 verification. |
Key Cases Cited
- Wiley v. Pennsylvania Board of Probation and Parole, 801 A.2d 644 (Pa.Cmwlth. 2002) (exclusion for delays attributable to non-Board events in 120-day calculation)
- Mack v. Pennsylvania Board of Probation and Parole, 654 A.2d 129 (Pa.Cmwlth. 1995) (timeliness when parolee confined outside jurisdiction)
- Coades v. Pennsylvania Board of Probation and Parole, 480 A.2d 1298 (Pa.Cmwlth. 1984) (timeliness considerations under § 71.4)
- Woods v. Pennsylvania Board of Probation and Parole, 469 A.2d 332 (Pa.Cmwlth. 1983) (clarifies 71.4 timing framework)
- Commonwealth ex rel. Rambeau v. Rundle, 455 Pa. 8, 314 A.2d 842 (1973) (Rambeau waiver framework for revocation hearings)