W. Teeter v. PBPP
317 C.D. 2017
| Pa. Commw. Ct. | Oct 20, 2017Background
- Teeter was paroled in Dec 2013 from an original 1 year 9 month sentence (722 days remaining at time of parole) with a parole condition stating the Board may recommit a parolee convicted while on parole and deny credit for time at liberty.
- Arrested Jan 26, 2015 on new (initially felony) charges; Board lodged a detainer the same day; detained pretrial and bail reduced Feb 2015. Board lifted detainer Jan 22, 2016 after original maximum expired; Teeter posted bail Feb 12, 2016.
- Teeter pled guilty Aug 2, 2016 to several misdemeanors and was sentenced to probation; Board lodged a detainer Aug 8, 2016 and Teeter returned to state custody.
- On Aug 8, 2016 Teeter executed a written waiver/admission of a revocation hearing and admitted violating parole; he did not withdraw that waiver within 10 days.
- The Board recommitted Teeter as a convicted parole violator to serve the unexpired 11 months 27 days of his original sentence (722 - 361 = 361 days remaining), denied credit for street time, and recalculated the original maximum to Aug 4, 2017; Teeter administratively appealed and then sought review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board may extend original sentence maximum by denying credit for time at liberty on parole | Teeter: Board lacks authority to alter judicially imposed sentence; cannot extend original max | Board: Statutory authority and precedent permit denial of street-time credit and extension of max date | Held: Board may extend the max date by denying street-time credit; authority upheld |
| Whether Teeter was entitled to credit for pretrial confinement (Jan 26, 2015–Feb 12, 2016) | Teeter: Time confined should be credited against original sentence | Board: Under Martin, credit for presentence incarceration that exceeds new sentence applies to original sentence only where confinement was on both new charges and a Board warrant; awarded 361 days (detainer period) but not later confinement solely on new charges | Held: Board properly awarded 361 days credit for time held on detainer; no additional credit for time confined solely on new charges after detainer lifted |
| Whether revocation hearing was untimely (120-day rule) | Teeter: Board failed to hold revocation hearing within 120 days of notice of guilty plea | Board: Teeter waived revocation hearing on Aug 8, 2016 within 120 days of return to SCI; waiver valid | Held: Waiver was knowing and voluntary; revocation timing challenge fails |
| Whether waiver/admission form and lack of explicit warning about loss of "street time" violated due process | Teeter: Waiver/form did not protect his administrative due process rights; he wasn’t told street time at risk | Board: Form complied with regulations and established law; no duty to give additional warning about loss of street time | Held: Waiver/form sufficient; Board satisfied regulatory requirements; no due process violation |
Key Cases Cited
- Young v. Pennsylvania Board of Probation and Parole, 409 A.2d 843 (Pa. 1979) (Board may deny street-time credit without usurping judicial sentencing power)
- Martin v. Pennsylvania Board of Probation & Parole, 840 A.2d 299 (Pa. 2003) (when presentence incarceration exceeds new sentence, excess credit applies to original sentence)
- Gaito v. Pennsylvania Board of Probation & Parole, 412 A.2d 568 (Pa. 1980) (Board authority to extend parolee's maximum date does not usurp sentencing)
- Richards v. Pennsylvania Board of Probation & Parole, 20 A.3d 596 (Pa. Cmwlth. 2011) (Board may extend original maximum to include street time when recommitting convicted parole violator)
- Prebella v. Pennsylvania Board of Probation & Parole, 942 A.2d 257 (Pa. Cmwlth. 2008) (execution of Board waiver form can constitute a knowing, voluntary waiver of revocation hearing/counsel)
- McKenzie v. Pennsylvania Board of Probation & Parole, 963 A.2d 616 (Pa. Cmwlth. 2009) (upholding revocation where parolee executed a valid admission/waiver form)