Appealing Denial of Request to Process Parole Application
In Van Dyke v. Pennsylvania Board of Probation and Parole, 109 Pa. Commw. 513, 531 A.2d 579 (Pa. Cmwlth. 1987), an inmate, who was incarcerated at a federal penitentiary in West Virginia, appealed to this court from a decision of the Board denying his request to process his application for parole.
This court observed that because the inmate was in an out-of-state federal facility, the Board, which only possesses those powers conferred upon it by the General Assembly and the Act, was without power to exercise its authority outside the Commonwealth. Id., 531 A.2d at 581.
Specifically, the court addressed Section 22 of the Act, 61 P.S. 331.22, which states that "in no case shall a parole be granted, or an application for parole be dismissed, unless a board member, hearing examiner or other person so designated by the board shall have seen and heard him in person in regard thereto within six months prior to the granting or dismissal therof."
This court concluded that the Board could not begin to process the inmate's application until he was returned to the Commonwealth and able to be interviewed for parole pursuant to Section 22 of the Act.