68 A.3d 386
Pa. Commw. Ct.2013Background
- Williams was originally sentenced 9/6/2008 to 18–36 months with min 3/6/2010 and max 9/6/2011.
- He was released on parole 10/7/2010 and later faced new charges filed 6/2/2011, while detained for disposition.
- Board detainers were issued 6/4/2011 and 2/6/2012; the first detainer was lifted 9/6/2011.
- Williams pled guilty 11/22/2011 to the new charges, receiving 2–4 years with credit for time served; court deemed him SIP-eligible.
- The sentencing court did not sentence Williams to SIP; he was only deemed eligible, so SIP constraints do not apply to his credit.
- Board recalculated Williams’ parole violation max date, ultimately setting it to 3/15/2013 after administrative relief and a calculation correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served under SIP vs. Martin rule | Williams argues SIP eligibility bars credit to original sentence. | Board held SIP eligibility does not entitle credit to original sentence; Martin not controlling. | No Martin credit; SIP eligibility not applicable to credit on original sentence. |
| Gaito credit for time served on new charges | Time served on new charges should be credited toward original sentence since detained with detainer. | Time1 spent in custody on both charges and detainer must apply to new sentence per Gaito. | Time spent with detainer attributed to new sentence; no credit to original. |
| Calculation of parole violation maximum date | Board miscalculated backtime; 317 days should be credited toward original sentence. | 334 days backtime remains; correct date is 3/15/2013. | Board’s March 15, 2013 date affirmed; correct backtime applied. |
Key Cases Cited
- Martin v. Pennsylvania Bd. of Probation and Parole, 576 Pa. 588 (Pa. 2003) (pre-sentence detention must be credited to either sentence; indigency not dispositive)
- Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. 2010) (SIP eligibility; credit for time served forfeited if actually sentenced to SIP)
- Gaito v. Pa. Bd. of Probation and Parole, 488 Pa. 397 (Pa. 1980) (credit time where detainee held on detainer and charges; detainer vs. no-bail scenarios)