37 Pa. Code 71.4(1) Interpretation

In Lee v. Pennsylvania Board of Probation and Parole, 141 Pa. Commw. 79, 596 A.2d 264 (Pa. Cmwlth. 1991), the Court specifically affirmed the logic of the Board's regulation at 37 Pa. Code § 71.4(1), explaining that considering the logistical problems the Board would face in discovering when a parolee was convicted, it is also reasonable for a parole agent to wait for official verification even if the agent is aware that charges are, or may be, pending.

And finally, we hold as a matter of law, that if the parole revocation hearing is held within 120 days after the receipt of the certified charges, that also is reasonable for the purposes of due process. Lee, 596 A.2d at 265