Convicted Parolees Constitutional Right to a Detention Hearing
In Commonwealth ex rel. Rambeau v. Rundle, 455 Pa. 8, 314 A.2d 842 (1973), the Supreme Court held a parolee who is detained as a convicted parole violator is not constitutionally entitled to a detention hearing. the purpose of the detention hearing is to determine whether there is probable cause to support a charge of parole violation.
This purpose is fully served by the proceedings at which the prisoner is convicted. Id.
By contrast, if recommitment proceedings are grounded solely upon a technical parole violation, in which event there is no criminal proceeding to determine guilt, the detention hearing is constitutionally required. Commonwealth v. Davis, 234 Pa. Super. 31, 336 A.2d 616 (Pa. Super. 1975).