Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Matthew J. Jefferson, Parole No. 712-K, dated November 28, 1984.
Jeffrey W. Whiteko, Assistant Public Defender, for petitioner.
Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 95 Pa. Commw. Page 561]
Matthew Jefferson, III, 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 order revoked his parole as a technical parole violator and mandated that he be returned to prison to serve twelve months on backtime.
The record presents the following facts which are relevant. Jefferson was sentenced in the Court of Common Pleas of Fayette County to a term of five to ten years following his conviction of the offense of Robbery.*fn1 The Board granted him parole on that sentence and, on August 16, 1979, he was released from the State Correctional Institution at Pittsburgh (SCI-Pittsburgh). The Board revoked his parole on July
[ 95 Pa. Commw. Page 5629]
, 1981 following his conviction for Burglary*fn2 in Fayette County Common Pleas Court for which he received a sentence of two to four years. He was last paroled by the Board on these sentences on October 23, 1983*fn3 at which time he was released from SCI-Pittsburgh to a parole plan in Uniontown. One of the special conditions of parole imposed upon Jefferson at the time of his release was that he submit to random drug urinalyses.*fn4
On January 10, 1984, Jefferson submitted a urine sample to his parole agent which tested positive for cocaine, cocaine metabolites and tetrahydrocannabinol (THC).*fn5 At an administrative conference with his parole agent, he admitted using cocaine and marihuana and was subsequently admitted to outpatient drug therapy. While his attendance at the outpatient
[ 95 Pa. Commw. Page 563]
program was satisfactory, he submitted another urine sample on April 5, 1984 which tested positive for THC. While Jefferson denied any drug usage since March, 1984, his parole agent issued him a written warning which advised him that further drug usage could result in the revocation of his parole. On May 10, 1984, he submitted another urine sample which tested positive for THC. As a result of the positive urinalysis of the May 10, 1984 sample, as well as his subsequent arrest on new criminal charges,*fn6 the Board lodged its warrant and detainer against him and charged him with violating general parole condition 5A.*fn7 He remained confined at the Fayette County Jail.
The Board afforded Jefferson a parole Violation Hearing at the Fayette County Jail on August 22, 1984 before a Board hearing examiner. His parole agent offered the original laboratory report of the urine sample of May 10, 1984 to support the alleged technical parole violation. The report was admitted over objection by Jefferson's counsel, Jefferson denied drug use since March, 1984, and the Board, on ...