Submitted: March 24, 2017
BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE ANNE E.
COVEY, Judge HONORABLE JOSEPH M. COSGROVE, Judge
E. COVEY, JUDGE.
Jackson (Jackson) petitions this Court for review of the
Pennsylvania Board of Probation and Parole's (Board)
August 11, 2016 order denying his request for administrative
relief. There are three issues before this Court: (1) whether
the Board properly required Jackson to be evaluated for
participation in a sexual offenders' treatment program
and determined that he had violated his parole for his
failure to do so; (2) whether Jackson failed to exhaust his
administrative remedies; and, (3) whether the Board coerced
Jackson to agree to adhere to a sexual offender evaluation
and treatment condition in order to be released on parole.
After review, we affirm.
was sentenced to a 12 to 30-year sentence for burglary and
aggravated assault. On January 28, 2010, the Board denied
Jackson parole based, in part, on Jackson's "need to
participate in and complete additional institutional
programs." Notice of Board Decision (Notice), January
28, 2010, Certified Record (C.R.) at 4. The Board further
stated: "At your next interview, the Board will review
your file and consider: [w]hether you have successfully
participated in/successfully completed a treatment program
for sex offenders and violence prevention." Id.
September 22, 2010, the Board again denied Jackson parole. In
its Notice of Board Decision, the Board explained that it did
so due to, among other things, Jackson's institutional
behavior, his level of risk to the community, his
minimization of the nature and circumstances of his offenses,
his lack of remorse, his failure to accept
"responsibility for [his] extensive antisocial
behavior[, ]" and his apparent lack of "benefit
from program participation." Notice, September 22, 2010,
C.R. at 6. The Board also related that "[a]t your next
interview, the Board will review your file and consider: . .
. [the a]ffidavit of probable cause on
[your] corruption of minors/indecent
assault conviction of June 1995 . . . ." C.R.
at 7 (emphasis added).
November 2, 2011, the Board granted Jackson parole to a
Community Corrections Residency, subject to the special
condition that he participate in out-patient drug, alcohol
and sex offender treatment until the treatment facility or
parole supervision staff determine it is no longer necessary.
March 14, 2014,  Jackson signed conditions governing
parole. Jackson was again informed that "out-patient
drug/alcohol/sex offender treatment is a special condition of
[his] parole supervision until the treatment source and/or
parole supervision staff determine it is no longer
necessary." C.R. at 13. Jackson also signed a condition
challenge provision which stated:
If you believe the above Special Conditions are
inappropriate, you may submit a timely complaint in writing,
first to the supervisor of the district office under which
you are being supervised. If your complaint is not resolved
to your satisfaction, you may then submit your complaint in
writing to the Director of Supervision.
C.R. at 12 (Condition Challenge Provision). On March 17,
2014, Jackson was released on parole. Jackson attended sex
offender treatment but was unsuccessfully discharged from the
program on February 23, 2015, for failing to complete an
intake evaluation and attend scheduled appointments.
February 26, 2015, the Board issued a warrant to commit and
detain Jackson. On the same date, Jackson waived a violation
hearing and admitted to a technical parole violation for an
"[u]nsuccessful discharge [on February 23, 2015] from
sex offender treatment[.]" C.R. at 17. The Board's
hearing report includes factual findings that
"[p]lacement in [state correctional institution (]SCI[)]
. . . [is] appropriate due to: [a v]iolation  sexual in
nature . . .; [t]he parolee  demonstrating unmanageable
behavior, which makes him . . . not amendable [sic] to
diversion; [n]ot complying with [sexual offender] treatment
in last year by missing meetings[; and being] deceptive on
polygraphs and den[ying his] offense." C.R. at 23. On
March 25, 2015, the Board recommitted Jackson for 6 months as
a technical parole violator and directed Jackson be reparoled
automatically on August 26, 2015. On April 14, 2015, the
Board issued a decision rescinding the March 25, 2015 Board
action "due to [the] withdrawal of waiver, " and
again recommitted Jackson as a technical parole violator for
6 months for "failure to successfully complete sex
offender treatment." C.R. at 46.
April 15, 2015, Jackson filed an administrative appeal from
the Board's recommitment order. In his appeal, Jackson
denied that he had missed appointments, represented that he
had requested to change the time of treatment due to his work
schedule, and alleged that his parole officer agreed to seek
funding for his sexual offender treatment, but failed to do
so. Jackson further asserted that he was not a threat to the
community since the special condition mandating the sexual
offender treatment "now imposed on [Jackson] stem[s]
from a 1995 charge that was served in which [Jackson]
underwent evaluations, prior to maxing out that
sentence." C.R. at 85. In his appeal, Jackson did not
challenge the Board's authority to impose the special
condition. On July 7, 2015, the Board reaffirmed
Jackson's April 14, 2015 recommitment.
August 25, 2015, Jackson signed conditions governing parole
and special conditions for sex offenders which, in part,
mandated that he obtain a sex offender evaluation from an
approved sex offender treatment provider and complete all
recommended treatment (Sexual Offender Condition). Jackson
was also instructed that he must report to the York Community
Corrections Center (York CCC) and "enter into and
actively participate in the Community Corrections Program
until successfully discharged by the parole supervision
staff." C.R. at 51. Jackson again acknowledged the
Condition Challenge Provision. Jackson was released on parole
on August 26, 2015.
October 13, 2015, the Board declared Jackson delinquent as of
October 9, 2015 and, on January 28, 2016,  issued a warrant
for his arrest for, inter alia, absconding from the
York CCC and failing to complete sex offender treatment. On
February 12, 2016, Jackson waived a hearing and admitted the
violations. On March 14, 2016, the Board recommitted Jackson
for 9 months based on multiple technical parole violations,
including changing residences without permission, failing to
successfully complete sex offender treatment, and failing to
complete the York CCC program.
March 25, 2016, Jackson filed an administrative appeal,
wherein he argued, inter alia, that he absconded to
return to school to better himself, and that he attended the
sexual offenders group but was financially unable to
continue. Jackson further explained that he did not receive
the assistance his parole officer offered, and he disputed
that he was ever directed to be enrolled in a domestic
violence treatment program. Notably, Jackson did not raise
the issue of the Board's authority to impose the Sexual
Offender Condition, or its validity.
August 11, 2016, the Board denied Jackson's appeal,
1. You [were] released on parole on March 14, 2014.
2. You were recommitted to a [SCI]/contracted county jail on
March 25, 2015.
3. You were released on parole on August 26, 2015.
4. You were declared delinquent on October 13, 2015, after
you absconded ...