The opinion of the court was delivered by: Johnny J. Butler, Judge
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge HONORABLE BERNARD L. McGINLEY, Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE RENEE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE JOHNNY J. BUTLER, Judge
Justin Richards (Richards) petitions for review of the June 23, 2010 denial of his petition for administrative review challenging the March 8, 2010
decision of the Board of Probation and Parole (Board) finalizing its recommitment of Richards as a convicted parole violator and establishing his maximum parole violation date as March 13, 2018. The issue before this Court is whether Richards, as a parole violator, continues to be entitled to credit for time served while at liberty on parole in good standing prior to technical violations, notwithstanding his subsequent recommitment as a convicted parole violator. In other words, whether time a parolee spends on parole in good standing prior to recommitment for technical violations is properly added to his maximum sentence after his recommitment as a convicted parole violator. For the reasons that follow, we affirm the Board's order of decision
which concluded that as a convicted parole violator, Richards is not entitled to any credit for time served while at liberty on parole.
In December of 1992, Richards pled guilty to two counts of robbery and one count of criminal conspiracy. He was sentenced to 4 to 15 years in prison, with a maximum sentence date of November 24, 2007. Richards was paroled on November 24, 1996. On January 18, 2002, he was arrested on suspicion of drug possession and traffic violations, and was detained on the Board's warrant pending disposition of the charges. The charges were subsequently dismissed. Richards was recommitted, however, as a technical parole violator by an April 12, 2002 Board decision to serve 18 months backtime for possessing a cell phone in violation of condition #7.
Richards was reparoled on August 22, 2004. On April 26, 2007, he was arrested on suspicion of violating The Controlled Substance, Drug, Device and Cosmetic Act.*fn1 On June 8, 2007, the Board ordered that Richards be detained pending disposition of the 2007 charges and recommitted as a technical parole violator for leaving the district without permission in violation of condition #1. The Board removed its detainer on November 27, 2007 at the expiration of Richards' original 4 to15-year sentence which was based on his 1992 conviction. On January 20, 2009, however, Richards pled guilty to the April 26, 2007 drug charges, was sentenced to time served to 23 months, and was paroled that same day by the trial court. On January 17, 2010, the Board filed a detainer pertaining to Richards' original 4 to 15-year sentence for his December 1992 conviction, based on Richards' January 20, 2009 guilty plea. On March 10, 2010, the Board ordered that Richards be recommitted as a convicted parole violator, and recalculated the maximum date for his 1992 conviction to March 13, 2018. The recalculation included 1,881 days spent at liberty on parole from November 24, 1996, when he was first paroled, through the date of his arrest on January 18, 2002.
On March 24, 2010, Richards filed a timely appeal alleging that he only owed 1,189 days on his original sentence since he was paroled on August 22, 2004, which would yield a parole violation maximum date of January 17, 2013. Richards' appeal was denied by the Board on June 23, 2010. He then filed the instant appeal to this Court.*fn2
This matter is governed by Section 6138 of what is commonly referred to as the Prison and Parole Code (Parole Code).*fn3 Richards argues that the rules of statutory construction compel interpretation of Section 6138 such that only the street- time served during the period of parole immediately prior to his recommitment as a convicted parole violator should be used in calculating the maximum parole violation date. He insists that under the law, he retains entitlement to credit for time served in good standing during the period of parole prior to his recommitment as a technical parole violator. Further, he argues that the ruling in Gregory v. Pennsylvania Board of Probation and Parole, 533 A.2d 509 (Pa. Cmwlth. 1987), supports his argument. We disagree.
Section 6138 of the Parole Code, states, in relevant part:
(a) Convicted violators.--
(1) A parolee . . . who . . . commits a crime punishable by imprisonment, for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere at any time thereafter in a court of record, may at the discretion of the board be recommitted as a parole violator.
(2) If the parolee's recommitment is so ordered, the parolee shall be reentered to serve the remainder of the term which the parolee would have been compelled to serve had the parole not been granted and shall ...