Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Passarella v. Pennsylvania Board of Probation and Parole

Commonwealth Court of Pennsylvania

August 29, 2019

William Passarella, Petitioner
v.
Pennsylvania Board of Probation and Parole, Respondent

          Submitted: July 12, 2019

          BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE ELLEN CEISLER, Judge

          OPINION

          McCULLOUGH, JUDGE

         William Passarella petitions for review of a January 16, 2019 decision of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief and affirming its June 4, 2018 decision to recommit Passarella as a convicted parole violator (CPV). In these decisions, the Board revoked sentencing credit that Passarella received for days spent in good standing at liberty on parole, otherwise known as "street time," that it had previously awarded him in a prior recommitment as a technical parole violator (TPV).

         Factual and Procedural Background

         Passarella was found guilty of aggravated assault, two counts of access device fraud, and identity theft and was sentenced to a term of incarceration of three years and one month to seven years. (Certified Record (C.R.) at 1.) Passarella's minimum sentence date was November 10, 2015, and his maximum sentence date was October 10, 2019. Id.

         Passarella was paroled on October 3, 2016, and, as a condition of his parole, was required to reside at the Gaudenzia Community Corrections Residence (Gaudenzia) in Philadelphia. (C.R. at 1-2.) On January 13, 2017, Passarella left Gaudenzia and failed to return. (C.R. at 25.) On January 28, 2017, the Board issued a warrant to commit and detain Passarella. (C.R. at 6.) Passarella was arrested by the Haverford Police Department that same day. (C.R. at 25.)

         In February 2017, Passarella was provided a notice of charges and hearing, informing him that he was being charged with multiple technical parole violations. (C.R. at 19-20.) Passarella signed a waiver of his right to a violation hearing and admitted to violating the conditions of his parole. (C.R. at 7.) The Board issued a decision on June 15, 2017, recommitting Passarella as a TPV for leaving his district without permission, changing his residence without permission, and failing to successfully complete the Gaudenzia program. (C.R. at 28-30.) The Board extended Passarella's maximum sentence date to October 25, 2019, to account for the 15 days he spent in delinquency. (C.R. 26-30.) In making the new computation, the Board credited Passarella for the 102 days of street time that he spent in good standing before absconding. Id. Following the recalculation, Passarella had 819 days remaining on his sentence. Id.

         Meanwhile, in the interval before the Board adjudicated Passarella a TPV, Passarella was charged in Delaware County for the crimes of access device fraud, receiving stolen property, and theft of services. (C.R. at 72-85, 91.) These charges stemmed from Passarella's conduct during the 15-day period when he was delinquent on parole. Id.

         On July 28, 2017, Passarella was released on reparole to the Gaudenzia program. (C.R. at 36-39.) However, Passarella failed to report to Gaudenzia that day as instructed. (C.R. at 60.) Thereafter, on August 28, 2017, the Board issued a warrant to commit and detain Passarella and Board agents arrested him that same day. (C.R. at 44, 60.) In September 2017, the Board again charged Passarella with multiple technical violations of his parole and Passarella waived his right to a violation hearing and admitted to violating the technical conditions of his parole. (C.R. at 45, 54-55.) The Board issued a decision on October 6, 2017, recommitting Passarella as a TPV for leaving his district without permission, changing his residence without permission, failing to successfully complete the Gaudenzia program, and failing to take psychotropic medication as prescribed by his doctor. (C.R. at 68-70.) The Board also extended Passarella's maximum sentence date to November 25, 2019, to account for the 31 days he was delinquent on parole. (C.R. at 61.) Thus, following the recalculation, Passarella still had 819 days remaining on his sentence.

         Subsequently, on January 10, 2018, Passarella pled guilty to the Delaware County charges of access device fraud, receiving stolen property, and theft of services and was sentenced by the Delaware County Court of Common Pleas to a term of 6 months to 24 months. (C.R. at 71, 80-81.) In February 2018, the Board provided Passarella with a notice of charges and hearing regarding the revocation of his parole for having new criminal convictions. (C.R. at 87.) Passarella waived his right to a revocation hearing and admitted to the new criminal convictions. (C.R. at 95.) By decision issued June 4, 2018, the Board recommitted Passarella as a CPV, to serve 12 months of backtime. (C.R. at 108-109.) The Board also recalculated Passarella's maximum sentence date to July 19, 2020. Id. To calculate Passarella's new maximum sentence date, the Board revoked the 102 days of street time it had previously awarded him in connection with his recommitment as a TPV and added these days to the 819 days left remaining on his sentence. See C.R. at 106. This meant that after the recalculation, Passarella had a total of 921 days remaining on his sentence. Id.

         Passarella filed an administrative remedies form in response to the Board's June 4, 2018 decision. (C.R. at 110.) In the "Administrative Appeal" section of the form, Passarella checked the box titled "Recommitment Challenge (Time/term given by Board, automatic reparole, return to custody, etc.)," and provided the following written explanation: "Custody return should be August 28, 2017, and not January 10, 2018; maximum sentence improperly re-computed." Id. Further, in the section of the form titled, "Petition for Administrative Review (appeal of a revocation decision regarding sentence calculations)," Passarella checked the box titled "Sentence Credit Challenge," and provided the following explanation: "Not given credit for time served exclusively pursuant to board warrant; not given credit for all periods of incarceration on this sentence." Id.[1]

         On January 16, 2019, the Board mailed its response to Passarella's administrative appeal, affirming its decision. The Board explained that when Passarella was paroled on July 28, 2017, he had a total of 819 days remaining on his sentence. (Board decision at 1.) The Board noted that its decision to recommit Passarella as a CPV "authorized the recalculation of [his] sentence to reflect that [he] receive no credit for the time [he was] at liberty on parole." Id. The Board decided not to award Passarella "credit for time at liberty on parole from October 3, 2016 to January 13, 2017 (102 days)." Id. The Board explained that "[a]dding this time together mean[t] [he] still had a total of 921 days remaining on [his] sentence based on [his] recommitment." Id. Further, the Board found that Passarella did not post bail after he was arrested for the Delaware County criminal charges and that he had been sentenced on January 10, 2018, to a new term of state confinement. Id. The Board noted that "[b]ased on these facts, [it] did not award backtime credit," meaning he "had a total of 921 days remaining on [his] original sentence." Id. The Board determined that Passarella ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.