Should a Parolee Recieve Credit on His Original Sentence for Presentence Confinement ?
In Melhorn v. Pennsylvania Board of Probation and Parole, 883 A.2d 1123 (Pa. Cmwlth. 2005), reversed, 589 Pa. 250, 908 A.2d 266 (2006), the parolee was confined for five months, ten days, because of a Board detainer and new criminal charges.
He had not posted bail.
The parolee pled guilty and was sentenced to a term of no less than six months and no more than twenty three and a half months.
The parolee's new sentence exceeded his pre-sentence confinement, and the trial court did not credit the parolee's presentence custody to his new sentence.
Upon recommitting the parolee as a parole violator and recalculating his maximum expiration date, the Board did not credit the parolee's presentence custody to his original sentence.
The parolee sought administrative relief that was denied.
Thereafter, the parolee petitioned for review to this Court.
The Court held that because the award of credit is equitable in nature, the parolee should receive credit on his original sentence for presentence confinement.
The Court reversed and directed the Board to credit parolee's presentence confinement time against his original sentence as requested.