Board of Probation and Parole Has No Duty to Give An Inmate Full Credit for Time Served
In McCray v. Department of Corrections, 582 Pa. 440, 872 A.2d 1127 (2005), the Supreme Court held that issues concerning the proper allocation of credit on a new sentence must be addressed by the sentencing court, or the Superior Court on appeal.
"The Board is charged with faithfully implementing sentences imposed by the courts" and "lacks the power to adjudicate the legality of a sentence or to add or delete sentencing conditions." McCray, 582 Pa. at 450, 872 A.2d at 1133.
Under McCray, if a trial court does not give an inmate full credit for time served, the Board has no duty to give an inmate full credit for time served.
The inmate's remedy in this situation is in the sentencing court and through the direct appeal process.