Pierce v. Pennsylvania Board of Probation and Parole

In Pierce v. Pennsylvania Board of Probation and Parole, 92 Pa. Commw. 457, 500 A.2d 181 (Pa. Cmwlth. 1985), the parolee sought credit toward his recommitment time for a period of imprisonment after he had posted bail for his new criminal charges and remained in custody solely for the parole violations. Because the Board did not assert that he had, or had not, posted bail there was no evidence to support the parolee's claim that he had posted bail. The Court remanded to determine this factual question and for a recomputation, if necessary. The Court did so by noting that there are instances where the Board cannot calculate the credit owed to a parolee because the revocation hearing pre-dates the sentencing hearing on the underlying charges. In remanding, we declined to adopt the Board's suggestion that it was the parolee's burden in a revocation hearing to make the record on whether he posted bail. Id. at 183. The Court explained: The computation of recommitment time, including the proper crediting of time spent in custody solely on a Board warrant, is a determination made by the Board just as is the determination that a petitioner did in fact violate his parole. Accordingly, the Board must bear the burden of justifying its computation of recommitment time by presenting substantial evidence that bail was not posted. The Board meets this burden by presenting records pursuant to 37 Pa. Code 71.5(d). See Davis v. Pennsylvania Board of Probation and Parole, 85 Pa. Commonwealth Ct. 278, 481 A.2d 714 (1984). A Petitioner can then rebut this evidence by demonstrating that the Board's evidence inaccurately reflects that he did not post bail. Id. at 183.