Parolee's New Sentence Was Greater Than His Pre-Sentence Time In Confinement
In Melhorn v. Pennsylvania Board of Probation and Parole, 883 A.2d 1123 (Pa. Cmwlth. 2005) the parolee, Barry Melhorn, was confined for five months, ten days, because of a Board detainer and new criminal charges on which he did not post bail.
Melhorn pled guilty and was sentenced to a term of no less than six months and no more than twenty three and a half months, which exceeded his pre-sentence confinement.
The trial court did not credit Melhorn's pre-sentence custody to the new sentence.
Upon recommitting Melhorn as a parole violator and recalculating his maximum expiration date, the Board did not credit Melhorn's pre-sentence custody to his original sentence.
Melhorn sought administrative relief from the Board's decision and, when it was denied, petitioned this Court for review of that decision.
The Court held that, because the award of credit is equitable in nature, Melhorn should receive credit on his original sentence for his pre-sentence confinement. Melhorn, 883 A.2d at 1127 (quoting Martin, 576 Pa. at 604, 840 A.2d at 308).
Upon determining that Melhorn should not have been denied credit towards his original sentence when the sentencing court failed to credit his time served awaiting disposition on the new charges, the Court reversed and directed the Board to credit Melhorn's pre-sentence confinement time against his original sentence as requested. Melhorn.
On appeal, however, the Supreme Court reversed the decision.