Harden v. Pennsylvania Board of Probation & Parole

DISSENTING OPINION BY

Judge PELLEGRINI.

It is undisputed that Penn Pavilion is a Department of Corrections’ institution operated on its behalf under contract by a private party where prisoners and parolees are placed. Contrary to our ease law, the majority holds that Raymon Harden (Harden) is not entitled to any credit for time served on parole at Penn Pavilion because he was “at liberty on parole” as the restriction is not the “equivalent of incarceration” and no armed escort accompanied him when he left the facility. In so holding, the majority hollows out our Supreme Court’s decision in Cox…