Appeal Pennsylvania Board of Probation and Parole.
Bruce E. Mattock, Asst. Public Defender, for petitioner.
Arthur R. Thomas, Asst. Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Craig and Barry, JJ., and Blatt, Senior Judge.
[ 130 Pa. Commw. Page 640]
Peter J. McFarland, III appeals from a decision of the Pennsylvania Board of Probation and Parole denying administrative relief from a board recommitment order.
On December 12, 1985, Judge Diaz of the Court of Common Pleas of Philadelphia sentenced McFarland to serve a term of one to five years in jail. The Department of Corrections computed the maximum date to be January 16, 1990. On April 3, 1986, the board released McFarland on parole.
On January 11, 1987, McFarland was arrested in Atlantic City, New Jersey. On January 15, 1987, the board issued a warrant. Despite the board's warrant, New Jersey authorities released McFarland from custody on July 3, 1987. On August 3, 1987, the New Jersey authorities took McFarland into custody again, and the board issued a second warrant.
On August 21, 1987, McFarland returned to Pennsylvania. On September 8, 1987, the board notified McFarland that a preliminary hearing had been scheduled to consider three technical parole violations.
[ 130 Pa. Commw. Page 641]
On January 12, 1988, after a number of continuances, McFarland received a violation hearing. The hearing examiner found that McFarland had committed two technical parole violations by failing to maintain regular contact with the parole supervision staff, and by leaving the district without prior written permission from the parole supervision staff. The hearing examiner's report, containing a recommendation that McFarland be recommitted to a state correctional institution as a technical parole violator to serve six months of backtime when available, was typed on January 25, 1988, but was not sent to the board at that time.
On January 26, 1988, Judge O'Keefe of the Court of Common Pleas of Philadelphia vacated McFarland's original one-to-five year sentence and imposed a sentence of twelve-to-thirty-seven months, reducing McFarland's maximum date to February 16, 1988.
On February 4, 1988, Judge Stiles sentenced McFarland to a term of three-to-ten years in a state correctional institution for offenses which occurred before his being granted ...