Edmond v. Pennsylvania Board of Probation and Parole12/15/2005
John Edmond (Edmond), an inmate at the State Correctional Institution -- Rockview, petitions for review of the order of the Pennsylvania Board of Probation and Parole (Board) denying his petition for administrative relief from the Board's recalculation of his maximum parole expiration date. The issue is whether the Board improperly forfeited the time Edmond served on reparole prior to recommitment as a technical parole violator (TPV) in recalculating his maximum parole expiration date upon recommitment as a convicted parole violator (CPV).
The following facts are undisputed. Edmond was reparoled on April 8, 1991 while serving a 3-to-21 year sentence for his convictions of possession of instruments of crime, aggravated assault and burglary. At that time, the Board set his maximum parole expiration date as April 8, 2005. On June 15, 1998, he was arrested for violating parole conditions and was recommitted as a TPV to serve 5 months backtime; and on March 14, 2001 he was reparoled with the same maximum parole expiration date. On April 16, 2004, Edmond was arrested by Philadelphia police for driving under the influence (DUI) and criminal mischief. The Board lodged a detainer on April 17, 2004 and by order mailed November 9, 2004 recommitted Edmond as a TPV to serve 9 months backtime when available. In the meantime, he was convicted of the DUI charge and sentenced on September 21, 2004 to serve 48 hours incarceration and 1 year of probation. After a revocation hearing, the Board recommitted him as a CPV on February 9, 2005 and recalculated his maximum parole expiration date as July 20, 2015.
Edmond filed a petition for administrative relief, challenging recalculation of his maximum parole expiration date. He claimed that 4 years and 24 days remained on his original sentence when he was reparoled on March 14, 2001 and that when the remaining time is counted from April 17, 2004 (detainer date), his maximum parole expiration date should be May 12, 2008. The Board denied administrative relief concluding that upon Edmond's recommitment as a CPV, he forfeited not only his street time served while on his last reparole but also 7 years, 2 months and 7 days served while on his previous reparole from April 8, 1991 until his arrest on June 15, 1998 for violating his parole conditions. The Board added 7 years, 2 months and 7 days to 4 years and 24 days remaining on the original sentence as of Edmond's March 14, 2001 reparole date for a total of 11 years, 2 months and 31 days. The Board subtracted 5 months and 4 days that Edmond served solely on the Board's warrant from April 17, 2004 to September 21, 2004, which resulted in 10 years, 9 months and 27 days remaining on his sentence. The Board then counted the remaining term of the sentence from September 23, 2004, when Edmond became available to serve his backtime, to obtain his new maximum parole expiration date of July 20, 2015.
When a parolee is recommitted as a TPV, "he shall be given credit for the time served on parole in good standing but with no credit for delinquent time, and may be reentered to serve the remainder of his original sentence or sentences." Section 21.1(b) of the Act of August 6, 1941, P.L. 861, as amended, commonly known as the Parole Act, added by Section 5 of the Act of August 24, 1951, P.L. 1401, 61 P.S. §331.21a(b). A parolee's recommitment as a CPV is governed by Section 21.1(a) of the Parole Act, 61 P.S. §331.21a(a), which provides in part:
Any parolee under the jurisdiction of the Pennsylvania Board of Parole released from any penal institution of the Commonwealth who, during the period of parole or while delinquent on parole, commits any crime punishable by imprisonment, from which he is convicted
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