Harmer v. Pennsylvania Board of Probation & Parole

DISSENTING OPINION BY

President Judge PELLEGRINI.

At issue in this case is whether the Pennsylvania Board of Probation and Parole (Board) complied with the statutory mandate under former Section 6138(c)(6) of the Parole Code providing to divert technical parole violators from confinement in a State correctional institution rather to confinement in a Community Correction Facility or Community Correction Center (collectively “CCC”) “unless the parolee’s diversion poses an undue risk to public safety.”1

The majority holds that Harmer’s long history of parole failure equates to being an undue risk…