71 Pa. Commw. 390 | Pa. Commw. Ct. | 1983
Opinion by
This is an appeal from a Parole Board (Board) denial of a Request for Administrative Relief following a hearing and order to recommit for .technical parole violations. We affirm the action of the Parole Board.
Petitioner Edward Garfield was released on parole from the State Correctional Institution at Rockview on July 8, 1979. On September 21, 1980, Garfield was arrested in Media, Delaware County, Pennsylvania and charged with offenses not pertinent to this appeal. On September 22, 1980, Garfield reported his arrest and confinement in Delaware County to the Parole Office in Philadelphia. On November 20,1980, he received a notice charging him with parole violations which included a charge of leaving the district to which he was paroled. A preliminary hearing was held on December 1, 1980 and a violation hearing was held on January 20, 1981. Following the hearing, the Board ordered Garfield recommitted for parole violations to serve six months back time when available. Petitioner filed a Request for Administrative Relief pursuant to 37 Pa. Code §71.5 (h)
The parties agree that Garfield duly notified the parole supervisory staff the day after his arrest and
Petitioner argues that under Morrissey v. Brewer, 408 U.S. 471 (1972) due process requires timely disposition of parole violation charges, and notes that Dilligham v. United States, 423 U.S. 64 (1975) requires no formal charge to trigger sixth amendment rights to a speedy trial. Petitioner’s reliance on these cases is misplaced. What Morrissey requires is timely disposition of parole violation charges once they are filed. The Board’s regulations amply ensure compliance with the rule in Morrissey and were followed in this case. Dilligham held that the restraints on liberty imposed by arrest and holding were sufficient to trigger sixth amendment rights even before indictment or actual formal charge. We note here that in the two month delay Garfield suffered no deprivation of liberty because of the parole violation, but was incarcerated on unrelated charges.
Order
Now, January 27, 1983, order of the Parole Board in the above referenced matter is affirmed.
37 Pa. Code §71.5(h) provides: “Where any defect or error under this chapter is alleged subsequent to the Board’s decision, the parolee or his attorney may apply to the Board for appropriate review and relief. Such application should set forth specifically the grounds upon which the allegation is based.” Petitioner alleged the Board violated its own regulations in failing to provide a timely violation hearing.
37 Pa. Code §71.2(3) provides: “The Preliminary Hearing will ■be held within 15 days of either the arrest of the parolee on the Board warrant or its being lodged as a detainer at the facility where the parolee is confined.”
37 Pa. Code §71.2(11) provides: “If a Violation Hearing is scheduled, it will be scheduled as promptly as possible, but not later than 120 days of the Preliminary Hearing.”