Patin v. State Board of Parole

Petitioner appeals a Board of Parole order that states, in part:

“DISCHARGE OF PAROLE PRIOR TO SENTENCE EXPIRATION DATE IS CONTINGENT UPON APPROVAL BY THE BOARD OF PAROLE, FOLLOWING A FAVORABLE RECOMMENDATION FROM THE PAROLE OFFICER AND PAYMENT IN FULL OF ANY RESTITUTION OWING.”

He contends that the Board could not impose restitution, because the sentencing court only recommended that restitution in the sum of $11,459.90 be made a condition of parole.

In this court, the Board concedes1 that the sentencing court’s recommendation was not a valid restitution order and that, therefore, the Board…