procedure; (2) that he should have been returned to the original committing court for recommitment for any violation of parole; and (3) that the Board of Parole had no authority to change his maximum sentence, set by the trial judge, due to terminate on September 10, 1965.
Subsequent inquiries were made by me in an effort to obtain the records and transcripts in regard to the petitioner. I now have before me a Certificate of the Chairman of the Pennsylvania Board of Parole, pursuant to Pennsylvania Statute, 1941 August 6, P.L. 861, § 8, 61 P.S. § 331.8, and copies of the indictments and other court records of Fayette County, Pennsylvania, relating to the petitioner's incarceration while on parole from the Allegheny County Workhouse.
The petitioner was originally sentenced to 18 months to 4 years upon conviction of three indictments charging false pretence. Sentences were imposed to run concurrently, effective September 11, 1961; the petitioner was paroled on June 3, 1963; in August, 1964, the Parole Agent learned that the petitioner had been passing checks along with another parolee in the amount of $4,000; the petitioner could not be located and was declared delinquent by the Parole Board, effective July 10, 1964; he was subsequently arrested by the West Virginia State Police on August 19, 1964, as an "absconder"; he was taken to and lodged in the Fayette County, Pennsylvania, jail on August 24, 1964; charged with four separate indictments on various forgeries and passing worthless checks. He pleaded guilty to these latter charges on December 15, 1964, and was sentenced to a term of 11 and 1/2 to 23 months in the Fayette County jail, effective August 24, 1964. The Parole Board in an executive meeting held October 14, 1965, ordered his return to the Allegheny County Workhouse as a convicted parole violator. He was returned to the Workhouse on October 19, 1965. On the basis of the return as a parole violator, he now petitions for a writ of habeas corpus.
The privilege of parole in a prisoner who has been sentenced upon conviction of criminal charges is a matter for dispensation by the States as an adjunct to their right to determine their own penological system. Commonwealth ex rel. Banks v. Cain, 345 Pa. 581, 28 A.2d 897, 143 A.L.R. 1473 (1943).
In Pennsylvania parole procedures are provided for by the Board of Parole Act of August 6, 1941 (1941, Aug. 6, P.L. 861; 61 P.S. § 331.1 et seq., Penal Institutions). Release from service of a prison term is not a matter of right, nor does it absolve the parolee from the obligation to serve a prior sentence. It is merely a conditional release. The Supreme Court of Pennsylvania has stated:
"* * * Rather, it is a matter of grace and mercy, and the granting, reinstatement and revocation of parole is within the exclusive jurisdiction of the Board." Commonwealth ex rel. Hendrickson v. State Board of Parole, 409 Pa. 204, 207-208, 185 A.2d 581, 584 (1962), cert. den. 374 U.S. 817, 83 S. Ct. 1713, 10 L. Ed. 2d 1041.