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JOHN JOSEPH SLATER v. COMMONWEALTH PENNSYLVANIA (06/01/88)

decided: June 1, 1988.

JOHN JOSEPH SLATER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole, in the case of John Joseph Slater, No. M-4908, Parole No. 7359P, dated April 23, 1986.

COUNSEL

John C. Armstrong, Chief, Parole Division, 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 Judge Craig.

Author: Craig

[ 116 Pa. Commw. Page 469]

John Slater appeals from a denial of administrative relief by the Pennsylvania Board of Probation and Parole

[ 116 Pa. Commw. Page 470]

    which had ordered that Slater be recommitted as a convicted parole violator. The broad issue raised by Slater is the timeliness of his parole revocation hearing.

On January 6, 1984, Montgomery County authorities arrested Slater, already on parole, on charges of rape and related offenses. On February 3, 1984, Slater requested that his revocation hearing be continued pending disposition of the criminal charges, and of sentencing and post-trial motions, if convicted.

On February 14, 1985, when Slater pleaded guilty to the new crime, Judge Stefan of the Montgomery County Common Pleas Court sentenced Slater to a term of 2-to-5 years and ordered that he be transferred to Farview State Hospital for treatment. The transfer from the state correctional institution at Graterford to Farview occurred on March 1, 1985.

While at Farview, Slater requested that he be given his final revocation hearing. The board denied this request, citing board policy. On November 1, 1985, Slater returned to the state correctional institution. The board held a revocation hearing for Slater on January 2, 1986.

Slater contends that, while in Farview, he was in the custody and control of state authorities and available for his hearing. Therefore, his hearing should have been held within the 120-day ...


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