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Price v. Pennsylvania Board of Probation & Parole

Commonwealth Court of Pennsylvania

May 20, 2015

Clyde L. Price, Jr., Petitioner
v.
Pennsylvania Board of Probation and Parole, Respondent

Submitted, January 30, 2015

Appealed from No.: Parole No. 819CC. State Agency: Board of Probation and Parole.

David Crowley, Chief Public Defender, Bellefonte, for petitioner.

John C. Manning, Assistant Counsel, Harrisburg, for respondent.

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE ANNE E. COVEY, Judge.

OPINION

Page 363

P. KEVIN BROBSON, Judge

Petitioner Clyde L. Price, Jr. (Price), petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board). The Board denied Price's administrative appeal,[1] through which Price sought to challenge the Board's recalculation of his maximum sentence. We affirm the Board's order.

Price's conviction and parole history originally resulted in a maximum sentence date of August 18, 2012. Before that date, on April 29, 2012, while Price was on parole, he was charged with operating a motor vehicle under the influence of drugs and/or alcohol. The Board lodged an order to detain against Price that day and a warrant to commit and detain the following day. (Certified Record (C.R.) at 45-46.) On June 18, 2012, the Board issued a decision detaining Price pending the resolution of the new charges. (C.R. at 47.) The Board avers that on October 1, 2012, " Price was released from the Board's warrant upon reaching the expiration of his maximum sentence date. (C.R. 71.)" [2] (Board Brief at 4-5.) Thereafter, on July 31, 2013, Price was convicted of two counts of driving under the influence of drugs and/or alcohol and sentenced to county imprisonment for a term of seventy-two hours to six months. (C.R. at 63.) The sentencing court granted Price immediate parole on the sentence. ( Id. ) The Board received notice of the conviction on August 27, 2013. (C.R. at 51.) On September 21, 2013, the Board lodged a warrant against Price.[3] (C.R. at 49.)

Page 364

A hearing report dated November 5, 2013, indicates that Price waived his right to a revocation hearing. (C.R. at 64.) The Hearing Report reflects Price's conviction for driving under the influence and contains a notation for the Board to not provide credit to Price for his time spent at liberty. (C.R. at 57.) On December 27, 2013, the Board issued an order to recommit Price. (C.R. at 73-74.) The recommitment order provides a parole date calculation that reflects the time Price lost while at liberty, the time he spent in confinement for which the Board deemed he was entitled to credit, backtime credit, backtime owed, and the date of his return to Board custody. Based upon the dates the Board used for the calculation, it determined that Price's new maximum date would be November 29, 2016. ( Id. )

The Board issued a notice of decision with a mailing date of January 6, 2014. (C.R. at 75.) In that decision, the Board recommitted Price to serve backtime of twelve months as a convicted parole violator. The decision also noted the new parole violation maximum date of November 29, 2016. Price responded to that decision by completing and filing, pro se, a Board form entitled " Request for Administrative Remedy." (C.R. at 77.) On the first page of the document, Price indicated that he was challenging the Board's January 6, 2014 decision based on the Board's alleged constitutional violations, erroneous credit determinations, erroneous reparole eligibility date, error of law, and recommitment determination. ( Id. ) In the succeeding pages of the document, Price raised two issues: (1) whether the Board has the authority to change the maximum date of a sentence imposed by a trial court judge; and (2) whether the Board had " entered into an illegal contract with [Price] concerning a judicially-imposed sentence, and had unlawfully punished [Price] pursuant to such illegal contract." (C.R. at 78-80.)

By letter mailed May 19, 2014, the Board rejected Price's administrative appeal, explaining that Price's new conviction vested the Board with the statutory authority to recalculate his sentence and to withhold credit for the time he was at liberty. (C.R. at 85.) With regard to the denial of credit for time at liberty, the Board noted that it had advised Price of this potential penalty, referring to a form Price signed on January 3, 2011, in which he agreed to the conditions of his parole. ( Id. )

Price, now represented by counsel, filed a petition for review of the Board's decision.[4] On appeal, Price focuses on the following questions: (1) whether the Board failed to credit Price's original sentence with all the time to which he is entitled; and (2) whether the Board's alleged failure to declare Price delinquent before the expiration of his original sentence divested the Board of jurisdiction to recommit Price as a ...


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