Submitted: April 5, 2019
BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA
A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge
KEVIN BROBSON, JUDGE.
Jeffrey Barksdale (Barksdale) petitions for review of a final
determination of the Pennsylvania Board of Probation and
Parole (Board), dated September 28, 2018. The Board denied
Barksdale's request for administrative relief, thereby
rejecting his claim that the Board erred in its recalculation
of his new maximum sentence date of April 30,
2019. We now vacate the Board's decision and
remand the matter to the Board for the issuance of a
was incarcerated at a state correctional institution when the
Board granted him parole by Board decision recorded on
January 13, 2011. (Certified Record (C.R.) at 1.) Barksdale
was officially released from confinement on May 3, 2011.
(Id. at 7, 22.) At the time of his parole, Barksdale
had a maximum sentence date of October 27, 2018. (C.R. at 6.)
The Board declared Barksdale delinquent as a technical parole
violator on November 6, 2017. On November 13, 2017, Barksdale
participated in a high speed car chase with police.
(Id. at 27, 35.) After Barksdale fled the scene,
police found drugs and drug paraphernalia in the car
Barksdale was driving. (Id.) The Board issued a
warrant to recommit and detain Barksdale on November 16,
2017. (Id. at 12.)
arrested Barksdale on November 16, 2017, pursuant to the
Board's warrant. (Id. at 14.) That same day,
Barksdale waived his right to a violation hearing and
admitted to the parole violations of failing to report and
removing his GPS unit. (Id. at 13.) On November 20,
2017, the Crawford County District Attorney criminally
charged Barksdale with several offenses. (Id. at
38, 66.) The Court of Common Pleas of Crawford County set
Barksdale's monetary bail on December 7, 2017; Barksdale,
however, did not post bail and remained incarcerated for the
entirety of his pre-sentencing period. (Id. at 75.)
Board decision recorded on January 19, 2018, the Board
recommitted Barksdale as a technical parole violator to a
state correctional institution for a term of six months.
(Id. at 30.) On January 28, 2018, the Board modified
its January 19, 2018 decision by requiring the detention of
Barksdale throughout the disposition of his criminal charges.
(Id. at 53.) On May 31, 2018, Barksdale pleaded
guilty to various summary and misdemeanor offenses, and the
Court of Common Pleas of Crawford County sentenced Barksdale
to a term of six to twenty-four months' incarceration.
(Id. at 63, 70-71, 76-77.)
subsequently waived his revocation hearing before the Board
and admitted that he was convicted of new criminal offenses.
(Id. at 54.) By Board decision recorded on July 12,
2018, the Board recommitted Barksdale as a convicted parole
violator to serve a term of eleven months, concurrent with
his recommitment as a technical parole violator.
(Id. at 88.) The Board again exercised its
discretion and credited Barksdale for the time spent at
liberty on parole. (Id.) The Board calculated
Barksdale's new maximum date to be April 30, 2019.
(Id. at 72.)
sought administrative relief with the Board by filing an
administrative remedies form on August 2, 2018, challenging
the Board's July 12, 2018 decision that set his new
maximum date. (Id. at 90-93.) The Board denied
Barksdale's request for administrative relief on
September 28, 2018. (Id. at 94.) As to the merits,
the Board merely stated: "Upon review of your case, it
was determined there is no indication the Board failed to
appropriately calculate your maximum sentence date, and your
request for relief is denied." (Id. at 94.)
now petitions this Court for review, arguing that the Board
erred by concluding that his new maximum sentence date was
April 30, 2019. Barksdale argues that the Board
"incorrectly determined that [Barksdale's] date for
custody for return was May 31, 2018[, ] and therefore
erroneously calculated [his parole violation maximum date to
be April 30, 2019." (Petitioner's Br. at 11.)
Ultimately, Claimant argues that his maximum sentence date
should be November 6, 2018.
507 of the Administrative Agency Law, 2 Pa. C.S. § 507,
provides: "All adjudications of a Commonwealth agency
shall be in writing, shall contain findings and the
reasons for the adjudication, and shall be served upon
all parties or their counsel personally, or by email."
(Emphasis added.) Based upon the record before this Court, we
must conclude that the Board's decision does not meet the
requirements of Section 507, as it does not explain the
reasons for the Board's determination that it properly
calculated Barksdale's maximum sentence date. The Court,
therefore, is unable to engage in effective appellate review.
we vacate the Board's decision and remand the matter to
the Board for the issuance of a decision that sets forth the
basis for its determination that the Board properly
calculated Barksdale's maximum sentence
NOW, this 21st day of August, 2019, the order of
the Pennsylvania Board of Probation and Parole (Board) is
VACATED, and the matter is REMANDED to ...