Johnson v. Pennsylvania Board of Probation and Parole

In Johnson v. Pennsylvania Board of Probation and Parole, 890 A.2d 45 (Pa. Cmwlth. 2006) the Board relied upon a criminal arrest and disposition report (Form 257-C) as evidence that the parole revocation hearing was timely. The Court indicated that the parole agent presented no testimony or evidence with regard to when the Board received official verification of the conviction. The Court held that the criminal arrest and disposition report could not be considered because it had not been entered into the record. It cautioned that "while the Board may, in certain circumstances, take official notice of documents contained in its own files ... the Board may not take official notice of documents in its file when such documents were not offered into evidence and pertained to a necessary factual determination." Id. at 49 - 50. As a consequence, the Court dismissed with prejudice the petitioner's parole violation charges.