Appeal from the Order of the Pennsylvania Board of Probation and Parole in case of John W. Sigafoos, Parole No. 0302-R, dated April 11, 1985.
James V. Fareri, Mervine, Brown, Newman, Williams and Mishkin, P.C., for petitioner.
Robert Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, for respondent.
Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 94 Pa. Commw. Page 455]
This is an appeal by John W. Sigafoos who petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board parole revocation order. That revocation order revoked his parole and ordered him recommitted to prison as a technical parole violator to serve twelve months on backtime. We affirm.
Sigafoos was paroled by the Board on June 17, 1983 from the Northampton County Prison where he was serving a sentence of one and one-half to four years imposed by the Court of Common Pleas of Northampton County for his convictions of Burglary*fn1 and Theft.*fn2 The original maximum term expiration date of that sentence was December 16, 1985.*fn3 On July
[ 94 Pa. Commw. Page 45620]
, 1983, he was given written permission to travel from the Allentown Parole District*fn4 to Mount Pocono, Monroe County,*fn5 for the purpose of locating employment. The travel permission was only for July 22, 25, and 26, 1983 and specified as one of the special conditions that Sigafoos was required to return to his home in Easton on a daily basis.
On the evening of July 22, 1983 he traveled to the Mount Pocono area in the company of his girlfriend to check out the possibility of employment at a truck stop. On his return trip to Easton, which would normally take between forty-five minutes to an hour, he was stopped by a police officer in Stroud Township, Monroe County, at approximately 5:00 o'clock on the morning of July 23, 1983, and detained in the Monroe County Prison.*fn6 His parole agent, George W. Johnson, visited Sigafoos while he was in Monroe County on July 23, 1983 at which time he lodged a warrant and
[ 94 Pa. Commw. Page 457]
detainer against him and subsequently charged him with violating general parole condition 1.*fn7
The Board originally afforded Sigafoos a parole Violation Hearing at the Monroe County Prison on September 15, 1983 after which it ordered his parole revoked and recommitted him to prison as a technical parole violator. On September 28, 1984, this Court vacated that revocation order and remanded the matter to the Board for a rehearing. That rehearing was held before a Board hearing examiner on January 3, 1985 at the State Correctional Institution at Dallas (SCI-Dallas). Sigafoos, Lorraine Roxberry, a defense witness, and Agent Johnson testified at the hearing regarding the special conditions imposed upon the travel permission granted on July 20, 1983. As a result of that hearing, on February 27, 1985, the Board ordered Sigafoos recommitted as a technical parole violator to serve twelve months on backtime for violation of ...