P.A. PAROLE VIOLATIONS: EXPOSED!!!
[EDITOR'S NOTE: This page was previously named "THE TRUTH ABOUT THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE" However, due to the immense and numerous changes that have recently effected this page, this page is now titled: "P.A. PAROLE VIOLATIONS: EXPOSED!!!" Also, there are two edited appeal forms that you can access concerning appeals from any Pennsylvania Board of Probation and Parole Decision (PBPP-15 a.k.a. "Green Sheets"). For access to these appellate forms, simply see the end of the analysis on this webpage.]
The Pennsylvania Board of Probation and Parole was established in 1941 with the Act of 1941, August 6, P.L. 861, No. 323 as a uniform and exclusive
system for the administration of parole in the Commonwealth of Pennsylvania. Then, in 2009, the Act of August 11, 2009, P.L. 147, No. 33, repealed the
previous laws governing the Pennsylvania Board of Probation and Parole. (For an in-depth breakdown on the history of Probation and Parole in Pennsylvania, go to the PAsentencing.com homepage and
click on the "CHRONOLOGICAL HISTORY OF PAROLE AND PROBATION IN PENNSYLVANIA" option).
However, the legal authority and jurisdiction of the actions perpetrated by the Pennsylvania Board of Probation and Parole are questionable at best. There are no statutory provisions in the Act of 2009, August 11, P.L. 147, No. 33 that authorize the Pennsylvania Board of Probation and Parole to change the maximum date of a sentence that was imposed by a court of law. This fact is extremely crucial to note because although the Pennsylvania Board of Probation and Parole does lawfully possess the authority to grant parole on an imposed sentence after that sentence's minimum term has expired, the Board of Parole does not possess the lawful authority to change the maximum term (maximum date) that has already been imposed by the court.
"The fixing of the term of the sentence is exclusively a judicial function... The Board of Parole, therefore, cannot discharge a convict from parole before the expiration of the maximum term for which he has been sentenced, nor, on the other hand, extend the period of parole beyond that time." (*emphasis added*)
Com. ex rel. Banks v. Cain, 28 A.2d 897, 345 Pa. 581, 589 (Pa. 1942)
"The Board can only require that a parolee serve the remaining balance of his unexpired term since the Board does not have the power to alter a judicially imposed sentence."
McCauley v. Pennsylvania Board of Probation and Parole, 510 A.2d 877, 98 Cmwlth. 28 (1986)
Obviously, since the Pennsylvania Board of Probation and Parole does not have the power to alter, increase, decrease, or extend the judicially imposed sentence, a violation occurs when a parole violator receives their "Green Sheet" that specifies their maximum date has been pushed back to a later time... This violation occurs whenever the Parole Board excerises their authority to revoke a parole violator's "street time", either after a new criminal conviction (for convicted violators), or after the Parole Board has determined that the parolee served a certain amount of delinquent time while on parole (for technical violators).
There are two types of "time" a paroled person can serve while on parole:
1) Delinquent Time pursuant to 61 Pa.C.S. Section 6138 (a)(1); and
2) Time In Good Standing pursuant to 61 Pa.C.S. Section 6138 (c)(2).
61 Pa.C.S. Section 6138(a) defines the extent of the Parole Board's discretionary powers related to certian matters involving convicted violators:
1) 61 Pa.C.S. Section 6138(a)(1) gives the Parole Board authority to recommit a convicted parole violator; and
2) 61 Pa.C.S. Section 6138(a)(3) gives the Parole Board authority to reparole a convicted parole violator.
However, it must be duly noted that although 61 Pa.C.S. Section 6138(c)(3) authorizes the Parole Board to: ...compute the remainder from the time the parolee's delinquent conduct occurred for the unexpired period of the maximum sentence... The parolee shall serve the remainder so computed from the date the parolee is taken into custody on the warrant of the board... 61 Pa.C.S. Section 6138 does not provide the Pennsylvania Board of Probation and Parole with the statutory authorization to add such "computed time" to a paroled person's maximum term which was originally imposed by a court.
If the Parole Board lodges a detainer against a defendant or enters an appearance in a criminal matter that subjects the defendant to any sanction (a "hit") that causes the defendant to do an extended period of time in prison (without a written assignment made within the written Judgment of Sentence order signed by the sentencing judge), such a defendant is being illegally detained and has suffered a significant increase in punishment in violation of the 'Cruel and Unusal Punishment Clauses' and the 'Double Jeopardy Clauses' of the U.S. Constitution, Amendment 8 and 5 and Pennsylvania Constitution, Article 1, Section 10 and 13.
"Detention beyond the termination date of a judicially-imposed
maximum sentence could constitute cruel and unusual punishment
if it is the result of 'deliberate indifference' to the prisoner's liberty
-Estelle v. Gamble , 429 U.S. 97, 97 S.ct. 285 (1976)
What is a parole-violators liberty interest after his parole is revoked due to a new conviction?
1). A parole violator has a liberty interest pursuant to
61 Pa.C.S. Section 6138 (a)(5) to only serve a sentence
imposed by a Pennsylvania court, and
2). A parole violator has a liberty interest in being released
from prison on the "termination date" of his judicially-
imposed maximum sentence.
When either of the above scenarios fails to take place, the parole violator suffers an 8th Amendment violation (for cruel and unusual punishment) and a 5th Amendment violation (for double jeopardy), because the offender is essentially punished multiple times for the same offense/conviction!
The legislature has enacted statutory provision 61 Pa.C.S. 6138 (a)(2) to revoke a parole violator's "Street-Time" upon a new conviction and add it to the maximum sentence. THAT'S RIGHT, the legislature has authorized the Parole Board to add additional "imprisonment" time to a parole violator's maximum sentence!
As a result, all parole violators should request a copy of their "PAROLE VIOLATOR RETURN ORDER" (PBPP - 39), and a copy of their "NOTICE OF BOARD DECISION" (PBPP - 15, a.k.a. the "Green Sheet")... Pursuant to the "PAROLE VIOLATOR RETURN ORDER" (PBPP-39), that form contains a caveat that reads:
"The above-named individual who was conditionally released on parole
by the Pennsylvania Board of Probation and Parole has been found by
the Board to have violated the conditions of parole. Therefore, the
Board, by virtue of the authority conferred on it by law, orders said
individual recommitted for further imprisonment for the remainder of the
unexpired maximum term, or until otherwise released or discharged
according to law."
(*** emphasis added***)
It must be duly noted that "conditions on parole" is the Parole Board's way of saying that the parolee is under "contract" not to violate parole. Ironically, 61 Pa.C.S. Section 6137. Parole Power fails to include in its provisions any authority to create contracts with prisoners. Therefore, it is unlawful to use any breach of that contract as evidence to extend a parolee's maximum beyond the judicially imposed maximum date, and here's why...
61 Pa.C.S. Section 6138 (a)(5) is a legislative enacted safeguard that prevents a parolee from serving anything other than a sentence imposed by a court of law. The judicial termination date creates additional liberty interests for the parolee and any extension of prison time beyond "that date" requires minimum due process in a venue of competent jurisdiction to ensure that said liberties are not abrogated. [ See: Shapp v. Butera, 348 A.2d 910 (1975) ]
Every time a Parole Board calculation is made pursuant to 61 Pa.C.S Section 6138 (a)(2) and a "PAROLE VIOLATOR RETURN ORDER" (PBPP - 39) is created that shows a recomputed max date, that order:
1.) Is referred to the Pennsylvania Department of Corrections
so a parolee's "status sheet" (DC-16E) can be amended
to read the "recomputed max date",
2.) Forces the parolee to serve the recomputed max date
without due process of law in violation of the
Pennsylvania and U.S. Constitutions.
It must be duly noted that once a parole violator has had his/her max date recalculated, a cause of action becomes available pursuant to either a "Petition For Review" or a "Petition For Writ of Habeas Corpus" for unlawful restraint of liberty.
The new max date at the bottom of a convicted parole violators "Green-Sheet" encroaches on the Judicial Branch of Government and their exclusive jurisdiction provided by the separation of powers doctrine. The new max date countermands, reverses, and interferes with the finality of court orders.
If you are a parole violator, or if you know a parole violator that continues to be incarcerated after his/her original max date has passed, such parole violator should immediately protest to the Pennsylvania Board of Probation and Parole by submitting a "REQUEST FOR ADMINISTRATIVE REMEDY" Form... To accomodate the specific circumstances of the parole violator, PAsentencing.com currently provides 2 different "REQUEST FOR ADMINISTRATIVE REMEDY" Forms to choose from. To see and download our 6-page form CLICK HERE
If the Pennsylvania Board of Probation and Parole still refuses to acknowledge that a parole violator is entitled to be released (for whatever reasons) , use the Parole Board's arrogance against them...
PAsentencing.com was created solely for the purpose of providing the public with accurate information concerning the Pamphlet Laws of the General Assembly of the Commonwealth of Pennsylvania and other related subject matter. However, this website was not created by persons licensed to practice law throughout the state of Pennsylvania. PAsentencing.com should not be construed as a substitute for the advice or representation of an attorney, but rather an aid towards addressing specific aspects concerning illegal sentencing procedures throughout the state of Pennsylvania.
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Pittsburgh, PA 15227
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