Mack v. Pennsylvania Board of Probation & Parole

COLINS, President Judge.

Eric Mack (petitioner) petitions for review of a denial of the Pennsylvania Board of Probation and Parole (Board) for administrative relief from an order recommitting him as a convicted parole violator. The salient issue is whether the 120-day period for a revocation hearing commences when a parolee is incarcerated in a county prison solely on the basis of a Board detainer.

Where a parolee asserts that the Board held a revocation hearing beyond the 120-day period, the Board bears the burden of proving, by a preponderance of the evidence, that it conducted the hearing in…