Waiting for a Parolee's Sentence on a New Conviction Before Scheduling a Revocation Hearing

In United States ex rel. Burgess v. Lindsey, 395 F. Supp. 404, 411 (E.D. Pa. 1975), it was held that the Board's practice of waiting for a parolee's sentence on a new conviction before scheduling a revocation hearing was unreasonable. In that case, the District Court concluded that a nine-month gap between the parolee's conviction and the revocation hearing violated due process. As a result, the Board amended 37 Pa. Code 71.4(1) to require a revocation hearing within 120 days of the Board's receipt of official verification of a new conviction.