Cox v. Commonwealth, Board of Probation & Parole

I dissent. Despite any deficiencies there may have been in the record in this case, there is one point that is so obvious that even the Majority noticed it:1 Cox’s attend*622anee at Eagleville Hospital’s in-patient drug program was imposed as a special condition of his parole, in that failure to complete that program successfully would be a parole violation resulting in his return to prison. The Majority is of the belief that we must determine whether the restrictions on Cox’s freedom at Eagleville were the equivalent of incarceration. In support of this, the Majority cites Hines v. Pennsylvania…