MEMORANDUM OPINION BY COHN JUBELIRER Judge.
Michael Joseph Edwards, Jr. (Edwards) petitions for review of the March 16, 2016 Order (March Order) of the Pennsylvania Board of Probation and Parole (Board), which affirmed the Board's December 30, 2015 Decision (December Decision), as modified by the Board's action mailed January 7, 2016 (January Decision), recalculating Edwards' maximum sentence date to October 19, 2016. On appeal, Edwards argues that the Board erred by failing to give him credit for all the time that he served solely under the Board's warrant in Butler County Prison as a technical parole violator (TPV) under Act 122 of 2012.
Edwards is currently an inmate at a state correctional institution (SCI). On September 15, 2010, Edwards was sentenced by the Court of Common Pleas of Jefferson County to an aggregate term of one year, three months to five years in a SCI for the charges of Terroristic Threats with Intent to Terrorize Another; Violation of Intermediate Punishment; Harassment-Communication Repeatedly and Inconvenient Hours; Violation of Probation; and Simple Assault. (Sentence Status Summary, C.R. at 1.) Edwards' original minimum date was May 8, 2011, and his maximum date was February 8, 2015. (
On May 9, 2012, the Board granted Edwards parole. On August 13, 2012, Edwards was released from SCI-Pittsburgh to Gaudenzia Erie, a community corrections center (CCC), subject to certain special conditions. (Order to Release on Parole/Reparole and Conditions Governing Parole/Reparole, C.R. at 13-14.) Edwards signed the conditions governing his parole, which notified him that "[i]f you violate a condition of your parole/reparole and, after the appropriate hearing(s), the Board decides that you are in violation of a condition of your parole/reparole you may be recommitted to prison for such time as may be specified by the Board." (
On November 21, 2013, Edwards admitted to violating the conditions of his parole and waived his right to a preliminary hearing, a violation hearing, and counsel at those hearings. (Waiver of Violation Hearing and Counsel/Admission Form, C.R. at 26.) By decision mailed January 27, 2014, and reaffirmed by decision recorded March 17, 2014, the Board recommitted Edwards as a TPV to an SCI/contracted county jail to serve six months, pursuant to Act 122 of 2012, 61 Pa. C.S. § 6138(c), for multiple technical parole violations. (C.R. at 38-40.) The decision also stated that Edwards would be reparoled automatically on April 11, 2014. Edwards' maximum sentence date remained as February 8, 2015 based on a return to custody date of October 11, 2013. (Order to Recommit, C.R. at 47.) As of October 11, 2013, Edwards had 485 days left on his original sentence.
Edwards was automatically reparoled from Butler County Prison to Sharon CCC on April 11, 2014, at which time he had 303 days remaining on his original sentence. (Order to Release on Parole/Reparole and Conditions Governing Parole/Reparole, C.R. at 43-44.) Edwards again signed the conditions governing his reparole, which notified him that "[i]f you are arrested on new criminal charges, the Board has the authority to lodge a detainer against you which will prevent your release from custody, pending disposition of those charges, even though you may have posted bail or been released on your own recognizance from those charges." (
The Board declared Edwards delinquent effective June 16, 2014. (Administrative Action, C.R. at 49.) The Pennsylvania State Police arrested Edwards on July 20, 2014 for new criminal charges and technical parole violations of conditions #2 and #7, and the Board issued a warrant to commit and detain Edwards the same day. (Supervision History, C.R. at 73-74, 80.) Edwards was held in Venango County Prison. Monetary bail was set in the amount of $25,000 on July 21, 2014, but was changed to $25,000 unsecured bail, which Edwards posted on September 15, 2014. (Criminal Docket, C.R. at 57.) Edwards remained in prison at SCI-Mercer after posting bail. (Moves Report, C.R. at 114.)
Edwards waived his right to a preliminary hearing, a violation hearing, and representation by counsel at those hearings on July 29, 2014, and admitted to violating conditions #2 and #7 of his parole. (Waiver of Violation Hearing and Counsel/Admission Form, C.R. at 82.) On the same day, Edwards also waived his right to representation by counsel and a detention hearing. (C.R. at 83.) By decision mailed September 30, 2014, the Board detained Edwards pending disposition of the new criminal charges and recommitted him to an SCI/contracted county jail for 7 months, 23 days as a TPV. (Board Decision, C.R. at 96-97.) The decision listed Edwards' new parole violation maximum date as March 14, 2015, adding the days of delinquency, and he was released on or about March 16, 2015. (
On March 26, 2015, pursuant to a plea agreement, Edwards pleaded guilty to Theft by Unlawful Taking, Simple Assault, and Recklessly Endangering Another Person in the Court of Common Pleas of Venango County. (Plea Agreement Form, C.R. at 101.) On April 28, 2015, Edwards was sentenced to 3 terms of 10 to 24 months in a SCI, of which the latter two terms would be served concurrently pursuant to a sentencing agreement. (Criminal Docket, C.R. at 65-66; Plea Agreement Form, C.R. at 101.) The Board issued a warrant to commit and detain Edwards dated April 1, 2015, which also stated that Edwards would receive a new maximum sentence date due to his new criminal convictions. (C.R. at 103.) Edwards signed a Waiver of Revocation Hearing and Counsel/Admission Form on April 3, 2015, admitting that he pled guilty to new criminal charges. (C.R. at 104.) By decision mailed June 8, 2015, the Board affirmed its recommitment of Edwards as a TPV and recommitted him as a convicted parole violator (CPV), when available, to serve 18 months, concurrently, for a total of 18 months backtime. (C.R. at 115-16.) Edwards did not receive credit for time he spent at liberty on parole. (Hearing Report, C.R. at 108.) Edwards' new maximum sentence date was calculated as October 4, 2016, based on a return to custody date of April 28, 2015. (Order to Recommit, C.R. at 117.)
On June 14, 2015, Edwards filed an Administrative Remedies Form challenging his recommitment as a CPV and claiming that he was owed sentence credit for, inter alia, the time periods he spent at Gateway, Butler County Prison, and SCI-Mercer. (Pro Se Letter and Administrative Remedies Form, C.R. at 119-21.) On August 24, 2015, the Board indicated by letter that an evidentiary hearing would be held to determine whether Edwards was held at Gateway subject to conditions that are the equivalent to being in prison. (C.R. at 127.) Kent D. Watkins, Esquire (Counsel) entered his appearance on behalf of Edwards at the evidentiary hearing held on November 17, 2015. (C.R. at 147.) At the hearing, Counsel noted prior to the evidentiary phase that Edwards was granted time credit for the period from October 11, 2013 to April 11, 2014 via a prior Board action, but the time was not credited to his recalculated maximum date. (Evidentiary Hearing Report, C.R. at 149.)
Edwards filed a pro se request for administrative relief on January 6, 2016, stating that the only issue that was brought up at the evidentiary hearing was about his time spent at Gateway, and that the Board failed to address his challenge to the Board's failure to give him credit for all the time he spent in Butler County Prison from October 11, 2013 to April 11, 2014. (C.R. at 182.) Edwards subsequently filed an Administrative Remedies Form on January 13, 2016, challenging the Butler County Prison credit issue.
In its March Order, the Board denied Edwards' two pro se appeals and concluded that Edwards waived any claim challenging the Board's December and January Decisions to the extent that they denied him credit for the time he spent at Gateway. (March Order, C.R. at 194.) The Board found that Edwards preserved his claim regarding the time he spent in Butler County Prison, and concluded that April 11, 2014 was "the day he began forfeiting credit for time at liberty on parole. In other words, any time he was incarcerated prior to April 11, 2014 has been credited to his sentence and was not disturbed by the Board's recalculation." (
We note, initially, that in Edwards' brief to this Court, Counsel argues that the Board did not give Edwards credit for 90 days that he spent in SCI-Pittsburgh from January 7, 2014 to April 11, 2014, which would reduce Edwards' backtime owed to 435 days and change his maximum date to July 7, 2016. (Edwards' Br. at 11.)
Section 6138(c) of the Parole Code, 61 Pa. C.S. § 6138(c), provides, in pertinent part, as follows:
61 Pa. C.S. § 6138(c)(2)-(3). As for CPVs, Section 6138(a) of the Parole Code, 61 Pa. C.S. § 6138(a), provides, in pertinent part, as follows:
61 Pa. C.S. § 6138(a)(1)-(2). The Board calculated Edwards' new maximum sentence date as follows.
When Edwards was released on parole from his original sentence on August 13, 2012, his maximum sentence date was February 8, 2015, and he had 909 days left on his original sentence. Edwards was recommitted as a TPV to serve six months in Butler County Prison from October 11, 2013 to April 11, 2014, a period of 182 days. His maximum sentence date remained as February 8, 2015. (Order to Recommit, C.R. at 47.) On April 11, 2014, Edwards was automatically reparoled, and as of that date, he had 303 days left on his original sentence.
Edwards was thereafter recommitted as a TPV to serve 7 months, 23 days and as a CPV to serve 18 months, when available, in a SCI, and, per Section 6138(a)(2) of the Parole Code, he received no credit for the time he spent at liberty on parole from August 13, 2012 to October 11, 2013, a period of 424 days.
Accordingly, the Board did not err because it did give Edwards credit for all the time that he served solely under the Board's warrant in Butler County Prison as a TPV from October 11, 2013 to April 11, 2014.
For the foregoing reasons, the Board's March Decision Order is affirmed.