Opinion
July 3, 1979.
Pennsylvania Board of Probation and Parole — Timeliness of parole revocation hearing — Notification of conviction.
1. A final revocation hearing for a convicted parole violator is timely held by the Pennsylvania Board of Probation and Parole when held within one hundred twenty days of receipt by the Board of official verification of the conviction on the new charges. [650]
Submitted on briefs, May 10, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.
Original jurisdiction, No. 52 Miscellaneous Docket No. 2, in case of Wesley Lamont Taylor v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, et al. Petition for review in the Commonwealth Court of Pennsylvania challenging recommitment as convicted parole violator. Motions for summary judgment filed. Motions tentatively denied. Affidavits directed to be filed. ( 40 Pa. Commw. 454) Affidavit filed. Held: Motion of petitioner denied. Motion of respondent granted.
Wesley Lamont Taylor, petitioner, for himself.
Robert A. Greevy, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondent.
In Taylor v. Pennsylvania Board of Probation and Parole, 40 Pa. Commw. 454, 397 A.2d 849 (1979), we tentatively denied the motions for summary judgment of Wesley Lamont Taylor and the Board and directed the Board to file a supplemental affidavit. After receipt of the affidavit, there being no existing material issue of fact, we grant the Board's motion.
The only pertinent issue is whether the final revocation hearing was held within 120 days of receipt of official verification of Taylor's guilty verdict pursuant to Board regulations at 37 Pa. Code § 71.4(2). The Board affidavit indicates that on November 30, 1977, an agent of the Board ascertained that Taylor was placed on probation for the charge of retail theft on November 15, 1977. A report was received in the Board central office on December 7, 1977. The revocation hearing occurred March 23, 1978. Taylor's response failed to deny the factual averments.
The above cited Board regulation is here controlling and the facts indicate that the final revocation hearing was held within the allotted time period.
Accordingly, we
ORDER
AND NOW, this 3rd day of July, 1979, the cross motion for summary judgment filed by Wesley Lamont Taylor is denied and that of the Pennsylvania Board of Probation and Parole is granted.