Delay Between Parolee's Tentative Actual Release Release Date

In Williams v. Pennsylvania Board of Probation and Parole, 134 Pa. Commw. 597, 579 A.2d 1369 (Pa. Cmwlth. 1990), the Georgia State Board of Pardons and Paroles advised the parolee of his parole tentatively scheduled for December 1988. He was actually paroled in August 1989 and transferred to the custody of Pennsylvania authorities. The parolee argued that the revocation hearing held in October 1989, almost eleven months after his tentative release date, was untimely, in violation of his due process right. The Court found no explanation in the record for the eight-month delay between the parolee's December 1988 tentative release date and the August 1989 actual release date. Stating that unreasonable and unjustifiable delays, not attributable to the parolee or his or her counsel, did not toll the running of the 120-day period, the Court remanded the matter to the Board to determine when Georgia made the parolee available to Pennsylvania authorities and whether the Board acted with reasonable dispatch to return the parolee to Pennsylvania.