Cox v. Commonwealth, Board of Probation & Parole

OPINION OF THE COURT

HUTCHINSON, Justice.

James Cox appeals by allowance Commonwealth Court’s order affirming the Pennsylvania Board of Probation and Parole’s (Board’s) order denying him credit for time spent in an in-patient drug treatment program at Eagleville Hospital. At issue is whether appellant was, in the language of the statute, “at liberty on parole” while in that program. We are handicapped in dealing with this issue of first *616impression by a deficient factual record. Faced with those deficiencies we remand this case to the Board for development of a factual record sufficient for…