panel revocation hearing in Pennsylvania

2025Koehler v. Pennsylvania Board of Probation and Parole, 935 A.2d 44, 50 (Pa. Cmwlth. 2007); Hartage v. Pennsylvania Board of Probation and Parole, 662 A.2d 1157, 1160 (Pa. Cmwlth. 1995); Williams v. Pennsylvania Board of Probation and Parole, 579 A.2d 1369, 1371 (Pa. Cmwlth. 1990).

2024“This regulation is based upon the well-established principle that the 120-day period does not begin to run until the Board acquires jurisdiction over the parolee.” Williams v. Pennsylvania Board of Probation and Parole, 579 A.2d 1369, 1371 (Pa. Cmwlth. 1990). “[T]he period of time that [the parolee] is confined to a Pennsylvania county prison does not count towards the 120 days that the [Board] has to provide the offender with a revocation hearing” if the parolee requests a panel hearing.

2025Koehler v. Pennsylvania Board of Probation and Parole, 935 A.2d 44, 50 (Pa. Cmwlth. 2007); Hartage v. Pennsylvania Board of Probation and Parole, 662 A.2d 1157, 1160 (Pa. Cmwlth. 1995); Williams v. Pennsylvania Board of Probation and Parole, 579 A.2d 1369, 1371 (Pa. Cmwlth. 1990).

1996Thus, where a parolee is confined outside the jurisdiction of the Department of Correction, such as in a county correctional institution, and the parolee has not waived the right to a panel revocation hearing, the revocation hearing must be held within 120 days of the official verification of the return of the parolee to a State Correctional facility. 37 Pa. Code § 71.4 (l)(i); Hartage v. Pennsylvania Board of Probation & Parole, 662 A.2d 1157 (Pa.Cmwlth.1995).

2026The [N]otice of [C]harges and [H]earing [forms] that were presented to you on December 12, 2024 indicated that you incurred new criminal convictions in the Judicial Circuit Court, Calloway County, Missouri; the Allegheny County Court of Common Pleas; and the Beaver County Court of 5 “Back[time] is that part of an existing judicially imposed sentence which the Board directs a parolee to complete following a finding . . . that the parolee violated the terms and conditions of parole . . . .” Yates v. Pa. Bd. of Prob. & Parole, 48 A.3d 496, 499 (Pa. Cmwlth. 2012); see also 37 Pa. Code § 61.1 (back

2026We have also held that in a case where “a petitioner’s parole was revoked because he was convicted of a crime while on parole . . . the purpose of the revocation hearing is not to determine whether the parolee has committed a crime, but whether parole is a viable means of rehabilitating and deterring 8 At this point, Petitioner’s 2018 federal drug charges had become a federal drug conviction. 17 future antisocial conduct.” Simmons v. Pennsylvania Board of Probation and Parole, 459 A.2d 897, 898 (Pa. Cmwlth. 1983) (emphasis added).9 On May 12, 2023, the Board conducted a panel revocation hearin

2025(C.R. at 53-55); see also Sanchez, 616 A.2d at 1101 (“[P]hotocopies of . . . convictions, taken from the criminal court docket sheets, support the [B]oard’s decision.”).

2025Koehler v. Pennsylvania Board of Probation and Parole, 935 A.2d 44, 50 (Pa. Cmwlth. 2007); Hartage v. Pennsylvania Board of Probation and Parole, 662 A.2d 1157, 1160 (Pa. Cmwlth. 1995); Williams v. Pennsylvania Board of Probation and Parole, 579 A.2d 1369, 1371 (Pa. Cmwlth. 1990).

2025“If the Board does not present substantial evidence to establish the timeliness of a revocation hearing, the parole violation charges are dismissed with prejudice.” Id. [quoting Brown v. Pa. Bd. of Prob. & Parole, 184 A.3d 1021, 1025 (Pa. Cmwlth. 2017)]. 6 The Board’s regulations define “official verification” as “[a]ctual receipt by a parolee’s supervising parole agent of a direct written communication from a court in which a parolee was convicted of a new criminal charge attesting that the parolee was so convicted.” 37 Pa. Code § 61.1 . 7 It is undisputed that Carmichael did not waive his ri

2025(Iwanicki’s Br. at 16.) In response, the Board argues that Iwanicki’s double jeopardy claim lacks merit because “it is well established that double jeopardy does not apply to parole revocation proceedings.” (Board’s Br. at 20 (citing McClure v. Pa. Bd. of Prob. & Parole, 461 A.2d 645, 647 (Pa. Cmwlth. 1983)).) Instead, the Board asserts: 24 Here, evidence of Iwanicki’s Georgia convictions, introduced at the panel revocation hearing through a sentencing packet and new criminal conviction packet offered by Parole Agent, were properly admitted and considered by the Board.

2024Brown; Dill, 186 A.3d at 1045 (“The Board’s regulation [ 37 Pa. Code § 71.4 (1)(i)] is clear.

2024If a parolee confined in county prison waives his right to a panel revocation hearing, the revocation hearing before a hearing examiner must be held within 120 days of the waiver. 37 Pa. Code §71.4 (1)(ii); D’Nicuola v. Pennsylvania Board of Probation and Parole, 467 A.2d 1383, 1385 (Pa. Cmwlth. 1983).

2019Second, this Court construes Section 71.41 to mean that where, as here, the CPV waives his right to a panel revocation hearing on the new conviction, the 120-day period does not begin to run until the date of official verification of the new conviction, or the date of the waiver of a revocation hearing, “whichever is later.” Major, 647 A.2d at 287 (emphasis added); see also Taylor v. Pa. Bd. of Prob. & Parole (Pa. Cmwlth., No. 405 C.D. 2018, filed August 28, 2018), 2018 WL 4089400 (unreported) (applying Major). 12 On March 8, 2018, Burrell executed (his final) waiver of his right to a panel re

2018See McDonald v. Pennsylvania Board of Probation and Parole , 673 A.2d 27 (Pa. Cmwlth. 1996).