92 Pa. Commw. 442 | Pa. Commw. Ct. | 1985
Opinion by
Mario A. Passaro petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board). That order declared Passaro delinquent for control purposes effective August 24, 1983.
On May 1, 1979, Passaro was convicted of aggravated assault
On October 18, 1982, Passaro escaped from SCI Pittsburgh. He was apprehended in Ohio on August 24, 1983.
Pa. Commonwealth Ct. , 494 A.2d 1174 (1985). We hold, therefore, that a Board order declaring a parolee delinquent for control purposes is not a final order but merely an administrative procedure. Such an order does not end the litigation, dispose of the entire case, or effectively put the litigants out of court. Municipality of Bethel Park Appeal, 51 Pa. Commonwealth Ct. 128, 414 A.2d 401 (1980).
Accordingly, we will grant the Board’s motion to quash.
The motion of the respondent, Pennsylvania Board of Probation and Parole, to quash the appeal in No. 207 C.D. 1985 as interlocutory, is granted.
18 Pa. C.S. §2702.
Ten months and six days escape time were added to the minimum and maximum dates of the five to ten year sentence, making his new minimum date December 25, 1984;, and his new maximum date December 25, 1989.
On the merits of this appeal, the issue raised is whether the Board is required to provide a parolee with a detention hearing within fifteen days of his arrest, or a revocation hearing within 120 days of the date the Board is notified of the escape charge, where the Board has not yet lodged its detainer and has not filed parole violation charges against the parolee.