Richards v. Pennsylvania Board of Probation & Parole
20 A.3d 596
| Pa. Commw. Ct. | 2011Background
- Richards pled guilty in 1992 to robbery and conspiracy; sentenced to 4 to 15 years, max date 11/24/2007; paroled 11/24/1996.
- In 2002 Richards was arrested on suspicion of drug charges; charges dismissed but he was recommitted as a technical parole violator for possessing a cell phone (4/12/2002).
- Richards reparoled on 8/22/2004 and later, in 2007, was again detained and recommitted as a technical parole violator for leaving the district without permission (6/8/2007); detainer removed 11/27/2007 at expiration of original sentence.
- In 2009 Richards pled guilty to 2007 drug charges; time served to 23 months; paroled the same day (1/20/2009).
- In 2010 the Board filed a detainer on the original 1992 sentence; on 3/10/2010 it recommitted Richards as a convicted parole violator and recalculated the maximum date to 3/13/2018, counting 1,881 days of liberty before 2002.
- Richards sought review contending only pre-recommitment street-time before technical violations should count; the Board denied; the Commonwealth Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convicted parole violators receive credit for street-time on parole prior to recommitment. | Richards argues credits should apply for good standing pre-recommitment. | Board contends no credit for street-time when recommitted as a convicted violator. | No credit for street-time; maximum date extended for all street-time. |
| Whether ambiguity in Section 6138 warrants rule of lenity in Richards' favor. | Ambiguity should favor the parolee under lenity. | No ambiguity; apply plain meaning of statute. | Rule of lenity rejected; statute construed against Richards; Board affirmed. |
Key Cases Cited
- Armbruster v. Pennsylvania Bd. of Probation and Parole, 919 A.2d 348 (Pa. Cmwlth. 2007) (credit forfeiture upon recommitment as convicted violator)
- Gair v. Pennsylvania Bd. of Probation and Parole, 948 A.2d 884 (Pa. Cmwlth. 2008) (credit treatment for parole violations)
- Melendez v. Pennsylvania Bd. of Probation and Parole, 944 A.2d 824 (Pa. Cmwlth. 2008) (parole credit principles on recommitment)
- Dorsey v. Pennsylvania Bd. of Probation and Parole, 854 A.2d 994 (Pa. Cmwlth. 2004) (parole credit and recommitment framework)
- Palmer v. Pennsylvania Bd. of Probation and Parole, 704 A.2d 195 (Pa. Cmwlth. 1997) (historical credit rules on parole)
- Houser v. Pennsylvania Bd. of Probation and Parole, 682 A.2d 1365 (Pa. Cmwlth. 1996) (court-approved interpretation of Section 6138)
- Anderson v. Pennsylvania Bd. of Probation and Parole, 472 A.2d 1168 (Pa. Cmwlth. 1984) (parole credit principles)
- Andrews v. Pennsylvania Bd. of Probation and Parole, 516 A.2d 838 (Pa. Cmwlth. 1986) (statutory interpretation of parole credit)
- Caldwell v. Pennsylvania Bd. of Probation and Parole, 511 A.2d 884 (Pa. Cmwlth. 1986) (parole credit and recommitment analysis)
- Morris v. Pennsylvania Bd. of Probation and Parole, 465 A.2d 97 (Pa. Cmwlth. 1983) (precedent on credit for parole time)
- Gregory v. Pennsylvania Bd. of Probation and Parole, 533 A.2d 509 (Pa. Cmwlth. 1987) (analysis limited to technical violations; credit for street time)