Torres v. Pennsylvania Board of Probation & Parole

CONCURRING OPINION BY

Judge FRIEDMAN.

I respectfully concur. I agree with the majority that the restrictions on the liberty of Jose Enrique Torres (Torres) during the initial forty-five-day “black out” period at the Conewago-Wernersville inpatient drug and alcohol rehabilitation facility (Conewago) were the equivalent of incarceration as contemplated by our supreme court in Cox v. Board of Probation and Parole, 507 Pa. 614, 493 A.2d 680 (1985). Thus, like the majority, I would hold that Torres is entitled to forty-five days credit towards his sentence. However, I write separately to present a…