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High Court Rules on Parole Issue

The Pennsylvania Supreme Court issued a ruling that requires Board of Probation and Parole to enumerate reasons for not providing time credit to convicted parole violator

It used to be that a convicted parole violator ("CPV") serving time on liberty (aka "street time") lost any and all street time if convicted on a new offense. However, the parole statute was changed on July 5, 2012 to provide that "the board may, in its discretion, award credit to a parolee recommitted...for time spent on liberty on parole."

The Pennsylvania Supreme Court in Pittman v. Pennsylvania Board of Probation and Parole, ___ Pa. ___, ___ A.3d ___, 2017 WL 1489047 (April 26, 2017) recently held that the board has discretion to award credit to a CPV for time spent on liberty AND that the board must articulate a basis for its decision to grant or deny CPV credit.  The board may not simply check "NO" when determining whether time credit should be applied to a CPV, but must provide a contemporaneous statement of its reasons for the denial.

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