Hines v. Pennsylvania Bd. of Probation and Parole
| Decision Date | 22 September 1980 |
| Parties | William J. HINES, Appellant/Cross-Appellee, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Appellee/Cross-Appellant. |
| Court | Pennsylvania Supreme Court |
Page 381
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Appellee/Cross-Appellant.
Decided Sept. 22, 1980.
Page 382
[491 Pa. 145] William J. Hines, in pro per.
Robert A. Greevy, Asst. Atty. Gen., Pa. Board of Probation and Parole, Harrisburg, for appellee cross-appellant.
Before EAGEN, C. J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.
Page 383
OPINION
KAUFFMAN, Justice.
We have before us cross appeals by the Pennsylvania Board of Probation and Parole ("Board") and William J. Hines ("Hines") from an order of the Commonwealth Court entered on March 5, 1979. 1
On October 19, 1973, Hines was sentenced to a term of two to five years for violation of the Controlled Substance, Drug, Device and Cosmetic Act ("Act"). Act of April 14, 1972, P.L. 233, No. 64 § 1, 35 P.S. § 780.101 et seq. On May 13, 1974, Hines was convicted of a subsequent violation of the Act, and was sentenced to a term of one to two years to be served consecutive to the first sentence. Having served two years of his 1973 sentence, Hines was paroled on August 29, 1975, and immediately began serving [491 Pa. 146] his 1974 sentence. 2 One year later, on August 29, 1976, Hines was released on parole from both sentences.
While on parole, Hines was arrested by the Allegheny County authorities on July 6, 1977, charged with several new criminal offenses, including armed robbery, and incarcerated in the Allegheny County Prison without bail. 3 On the same date, the Board lodged a detainer charging Hines with technical parole violations. 4 With respect to the technical violations, the Board scheduled a preliminary hearing for July 14, 1977. Hines waived his right to that hearing and requested a violation and revocation hearing before the full Board. Upon receipt of official notice that Hines had been convicted of the July 6, 1977 criminal charges, the Board scheduled the violation and revocation hearing. 5 Although the detainer had been lodged solely for technical violations, the violation and revocation hearing combined consideration of both technical and criminal parole violations. After the hearing, Hines was recommitted and, on the basis of the criminal parole violations, the Board recomputed his original sentence to run from July 6, 1977 to July 6, 1980, without giving him credit for the time spent on constructive parole (August 29, 1975 to August 29, 1976).
[491 Pa. 147] On July 14, 1978, Hines filed a Petition for Review in the Commonwealth Court, contending that the Board had not given him credit on his original sentence either for pre-trial custody or for time on constructive parole. Motions for summary judgment were filed by Hines and the Board. On March 5, 1979, the Court partially granted Hines' motion, holding that he had not been given credit on his original sentence for the period from July 6, 1977 to June 8, 1978, and ordered the Board to give him credit for this time. The Court also partially granted the Board's motion for summary judgment, holding that Hines' recommitment was otherwise proper. These cross appeals followed.
The Board contends that Hines was given credit on his original 1973 sentence for the time...
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...Board of Probation and Parole, [409 A.2d 843 (Pa.1979) ]. We made this clear in Hines v. Pennsylvania Board of Probation and Parole, [420 A.2d 381 (Pa.1980) ], where we held that ‘at liberty on parole’ included time spent on constructive parole. We said:[The parolee] next asserts that he is......
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