Delay In Conducting a Hearing Resulted In the Dismissal of a Parole Violation Charge
In McDonald v. Pennsylvania Board of Probation and Parole, 673 A.2d 27, 29 (Pa. Cmwlth. 1996), the Court dismissed the parole violation charge against the parolee because the Board failed to hold a timely hearing. In that case, the Board had official verification of McDonald's conviction even before he was returned to SCI-Camp Hill, but it waited nine months to conduct a revocation hearing.
The Court rejected the Board's argument that the 120-day period began to run only after the Board lodged its detainer, six months after McDonald was returned to custody.
In the absence of any good reason for the lapse of nine months between McDonald's return to SCI-Camp Hill and his parole revocation hearing, the Court dismissed the parole violation charge.