Wilson v. Pennsylvania Board of Probation & Parole
124 A.3d 767
| Pa. Commw. Ct. | 2015Background
- Wilson was sentenced to concurrent terms with original maximum date Feb. 27, 2016; released on parole Feb. 13, 2013, owing 1,109 days of backtime.
- Arrested Oct. 25, 2013 on new felony drug charges; detained on secured bail and a Board detainer pending disposition.
- Pleaded guilty to new felonies on July 1, 2014; trial court sentenced him to concurrent 16–60 month terms with 220 days credit; trial court discharged him to the DOC on July 8, 2014; he was transferred to SCI-Graterford on July 22, 2014.
- Wilson waived a parole revocation hearing on Aug. 6, 2014; hearing examiner and a panel member signed the recommitment Hearing Report on Aug. 26 and Sept. 19, 2014, respectively.
- The Board recommitted Wilson as a convicted parole violator for 24 months backtime and set a new parole-violation maximum date of Oct. 2, 2017, computed by adding 1,109 days to Sept. 19, 2014 (date of second signature).
- Wilson administratively appealed, arguing his backtime should be computed from either July 8, 2014 (court discharge) or July 22, 2014 (transfer to SCI), not Sept. 19, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper start date to compute parole-violation backtime | Wilson: backtime should start on July 8, 2014 (court discharge) or July 22, 2014 (transfer to SCI) | Board: backtime begins when Board revokes parole / obtains requisite panel signature (Sept. 19, 2014) | Held for Board: compute from date Board obtained required signature (Sept. 19, 2014) |
| Application of time-in-custody credit between new sentence and revocation | Wilson: time in county custody after conviction should count toward parole-violation backtime | Board: custody prior to revocation is applied to new sentence; backtime begins at revocation | Held for Board: custody before revocation applies to new sentence; backtime begins at revocation per Campbell and progeny |
Key Cases Cited
- Campbell v. Pennsylvania Board of Probation and Parole, 409 A.2d 980 (Pa. Cmwlth. 1980) (backtime for convicted parole violator computed from date parole is revoked)
- Hill v. Pennsylvania Board of Probation and Parole, 683 A.2d 699 (Pa. Cmwlth. 1996) (administrative-review scope and application of Campbell)
- Williams v. Pennsylvania Board of Probation and Parole, 654 A.2d 235 (Pa. Cmwlth. 1994) (time in custody before revocation applies to new sentence)
- Richmond v. Commonwealth, 402 A.2d 1134 (Pa. Cmwlth. 1979) (remainder of original sentence becomes due only upon parole revocation)
Decision: Board affirmed; new parole-violation maximum date correctly computed from Sept. 19, 2014.