Rackley v. Pennsylvania Board of Probation and Parole

In Rackley v. Pennsylvania Board of Probation and Parole, 881 A.2d 69 (Pa. Cmwlth. 2005), the petitioner was actually released on parole in June of 2004, with a "special condition proscribing any contact with minor children." Id. at 70. Evidence was presented that, within the week prior to his release, the petitioner had offered to visit a fellow inmate's home and photograph the inmate's young children. Id. The Court held that, similar to "the federal scheme, since a prisoner's scheduled release date may be postponed . . . upon the receipt of new and significant adverse information," the Board may likewise "act upon information that existed at the time of the initial parole determination but was not considered by the" Board. Id. at 71-72.