Mitchell v. Commonwealth, Pennsylvania Board of Probation & Parole

OPINION

KAUFFMAN, Justice.

The Pennsylvania Board of Probation and Parole (“Board”) appeals from an order of the Commonwealth Court entered July 22,1977.1 The issue before us is whether the Board, having lodged a detainer against one who has been arrested for a crime committed while' on parole and who has satisfied bail requirements for the new offense, may credit the parolee’s time spent in custody solely because of the detainer to the new sentence rather than to the sentence he was serving when paroled.

*293On February 7, 1976, while on parole from a sentence imposed on April 10, 1972, appellee,…