right to a revocation hearing in Pennsylvania

2026Rambeau v. Rundle, 455 Pa. 8 , 314 A.2d 842 (1973), the revocation hearing shall be held within 120 days of the official verification of the return of the parolee to a State correctional facility. (ii) A parolee who is confined in a county correctional institution and who has waived the right to a revocation hearing by a panel in accordance with the Rambeau decision shall be deemed to be within the jurisdiction of the Department of Corrections as of the date of the waiver. 4 37 Pa. Code § 71.4 .

2026Rambeau v. Rundle, 455 Pa. 8 , 314 A.2d 842 (1973), the revocation hearing shall be held within 120 days of the official verification of the return of the parolee to a State correctional facility. (ii) A parolee who is confined in a county correctional institution and who has waived the right to a revocation hearing by a panel in accordance with the Rambeau decision shall be deemed to be within the jurisdiction of the Department of Corrections as of the date of the waiver. 4 37 Pa. Code § 71.4 .

2017Rambeau v. Rundle, [ 314 A.2d 842 (Pa. 1973)], the revocation hearing shall 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 (1)(i) (emphasis by underline added). 6 Here, Inmate argues the facts in his case are similar to those in Taylor v. Pennsylvania Board of Probation and Parole, 624 A.2d 225 (Pa. Cmwlth. 1993).

2002In other words, “[w]hen a convicted parolee is confined outside the jurisdiction of the Department and then is returned to it, the official verification of return triggers the 120 day period, even if official verification of conviction has not yet been received.” Taylor, 624 A.2d at 228 (emphasis in original). *1002 Here, although Montgomery was moved from SCI-Waynesburg to the Bucks County jail for a non-jury trial on new criminal charges, Montgomery at all times was serving his TPV backtime within the jurisdiction of the Department.

2026“When a parolee asserts that the Board held a revocation hearing beyond the 120-day period, the Board bears the burden of proving by a preponderance of the evidence, that the hearing was timely.” Vanderpool v. Pennsylvania Bd. of Prob. & Parole, 874 A.2d 1280, 1283 (Pa. Cmwlth. 2005).

2026In addition, this Court has held that “[a] notice must be clearly sufficient to enable a petitioner to prepare his defense.” Loach v. Pennsylvania Board of Probation and Parole, 57 A.3d 210, 213-14 (Pa. Cmwlth. 2012).

2024Relevant to this case, this Court analyzed Section 71.4(1) in Edwards v. Board of Probation and Parole, 751 A.2d 717, 719 (Pa. Cmwlth. 2000).

2022Second, “[a] parolee who is confined in a county correctional institution and who has waived the right to a revocation hearing by a panel in accordance with the Rambeau decision shall be deemed to be within the jurisdiction of the Department of Corrections as of the date of the waiver.” Id. § 71.4(1)(ii). 7 Allegheny Cnty. v. Com., 490 A.2d 402, 408-09 (Pa. 1985) (internal citations omitted).

2022See Penjuke v. Pa. Bd. of Prob. & Parole, 203 A.3d 401, 403 (Pa. Cmwlth. 2019). 3 be recommitted as a CPV when he pled guilty, the Board observed Petitioner had the right to a revocation hearing where he might have presented this argument, but he waived that right and admitted to the conviction.

2019Rambeau v. Rundle, [ 314 A.2d 842 (Pa. 1973)], the revocation hearing shall be held within 120 days of the official verification of the return of the parolee to a State correctional facility. (ii) A parolee who is confined in a county correctional institution and who has waived the right to a revocation hearing by a panel in accordance with the Rambeau decision shall be deemed to be within the jurisdiction of the Department of Corrections as of the date of the waiver. 37 Pa. Code §71.4 (1)(i) and (ii) (emphasis added); see Major v. Pa. Bd. of Prob. & Parole, 647 A.2d 284, 287 (Pa. Cmwlth. 1994

2019Rambeau v. Rundle, [ 314 A.2d 842 (Pa. 1973)], the revocation hearing shall be held within 120 days of the official verification of the return of the parolee to a State correctional facility. (ii) A parolee who is confined in a county correctional institution and who has waived the right to a revocation hearing by a panel in accordance with the Rambeau decision shall be deemed to be within the jurisdiction of the Department of Corrections as of the date of the waiver. 37 Pa. Code §71.4 (1)(i) and (ii) (emphasis added); see Major v. Pa. Bd. of Prob. & Parole, 647 A.2d 284, 287 (Pa. Cmwlth. 1994

2019This Court has previously held that when a parolee waives the right to a revocation hearing, the parolee “is precluded from subsequently challenging the hearing’s timeliness.” Fisher v. Pa. Bd. of Prob. & Parole, 62 A.3d 1073, 1075 (Pa. Cmwlth. 2013).

1990Rambeau v. Rundle, 455 Pa. 8 , 314 A.2d 842 (1973), the revocation hearing shall be held within 120 days of the official verification of the return of the parolee to a State correctional facility. *601 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. 1 “When a parolee alleges that the [Bjo&rd held a revocation hearing beyond the 120-day period ..., the [Bjoard bears the burden of proving, by a preponderance of the evidence, that a timely revocation hearing was held.” Saunders v. Pe