Credit to Parolees for Time Spent at An Inpatient Rehabilitation Centers

In Torres v. Pennsylvania Board of Probation and Parole, 861 A.2d 394 (Pa. Cmwlth. 2004), the Court, in an en banc decision, reversed the Board's denial of credit for 45 days that a parolee spent at an in-patient rehabilitation center known as Conestoga. The evidence showed that the parolee was confined at Conestoga except to attend weekly "meetings approved or ordered" and "under the supervision of facility staff." Torres, 861 A.2d at 400. The Court concluded that Torres was entitled to credit for time in this program, explaining as follows: A parolee who has been forbidden generally to leave a particular inpatient drug and alcohol rehabilitation facility for a specified period for which credit is sought, who is under 24-hour supervision during the specified period and who is not permitted to make required trips outside of the facility without an escort cannot reasonably be described as being "at liberty on parole." Id. at 401.