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McKenna v. Pennsylvania Board of Probation and Parole

Order of Board revoking petitioner's parole and recommitting him as a technical parole violator affirmed even though Board did not comply with its regulatory requirement to conduct a preliminary hearing within 14 days of petitioner's return to Pennsylvania on Board's warrant to commit and detain him; petitioner admitted technical parole violation charges against him and failed to demonstrate any deprivation or prejudice caused by Board's delay in holding preliminary hearing.

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Submitted: April 20, 2001

Michael McKenna (Petitioner) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) that revoked his parole and recommitted him as a technical parole violator to serve twelve months of backtime. Petitioner states that the question involved is whether dismissal of his technical parole violation charges is required when the Board did not comply with its regulatory requirement under 37 Pa. Code �71.2(3) to conduct a preliminary hearing within 14 days of Petitioner’s return to Pennsylvania on the Board’s warrant to commit and detain him.

Petitioner was paroled in September 1999 from a 1976 sentence for his robbery conviction. On March 1, 2000, the Board declared Petitioner delinquent, and it issued a warrant on April 9, 2000 to commit and detain him. The Berkeley County Prison, located in the State of California, notified the Board on April 10, 2000 that Petitioner was confined there. The Board entered its order ten days later for Petitioner’s return to the State Correctional System as a technical parole violator. Petitioner was returned on April 30, 2000, and a preliminary hearing was held on May 19, 2000. The hearing examiner determined that probable cause existed to establish violation of parole conditions #1 and #2 (leaving the district without permission and change of residence without permission).

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