Meleski v. Pennsylvania Board of Probation and Parole

In Meleski v. Pennsylvania Board of Probation and Parole, 931 A.2d 68, 71 (Pa. Cmwlth. 2007), an inmate attempted to get credit for time he spent at Gaudenzia and Coleman where at each facility there was a 30-day blackout period where he could not contact anyone or use the phone. At Gaudenzia after the 30-day blackout period, for the next 60 days, he could use the phone, receive visitors and he could take walks once a week with a chaperone. The Court held that the parolee was entitled to credit for the time he spent at Gaudenzia and Coleman during the blackout period (60 days) when he could not leave the facility, and relative to this case, he was also entitled to the time he spent at Gaudenzia for the 60 days he had to have a chaperone to take walks. "These conditions were not appreciably different than those Meleski experienced in the first 30 days. Although he could leave the building for a walk with a chaperone once a week, this Court notes that Torres was also permitted to leave Conewago with an escort to go to required meetings. In fact, the Court stated in Torres that a parolee who is not permitted to make required trips outside of the facility without an escort cannot reasonably be described as being 'at liberty on parole.'" 931 A.2d at 73. As to whether those escorts were coercive, no person from Gaudenzia testified, and the parolee in Meleski was the only party who testified regarding the fact that he had to be accompanied wherever he went, either by staff or by a Level II resident when he left the facility. (Meleski RR at 40.) There was no evidence of a coercive escort. Moreover, the dissent in Meleski disagreed with the notion that a chaperone was even of any import, stating the following regarding the ability to walk away from the facility: Furthermore, the fact that Meleski was "monitored" by staff, cameras, alarms, etc., while at Gaudenzia is not significant in this analysis. In reality, monitoring of residents does nothing to prevent a parolee from walking away from a group home if he or she desires to do so. See Meehan v. Pennsylvania Board of Probation and Parole, 808 A.2d 313, 316-317 (Pa. Cmwlth. 2002) (rejecting a direct violator's claim that monitoring is the equivalent of incarceration). This fact points out an important distinction between "detecting" a departure, as would happen in Meleski's case, and "preventing" a departure, as would happen in a prison environment. Meleski, 931 A.2d at 75. In Meleski, the evidence showed that the escort exercised a "mandatory coercive" effect, as opposed to "transportation assistance." However, in Meleski, the use of escorts was not the deciding factor. It was also critical that the parolee could not leave the seventh floor of the facility, except for meals.