Wagner v. Pennsylvania Board of Probation & Parole

OPINION BY

Judge COHN.

In this appeal, we are asked to consider whether a parolee is entitled to credit on his maximum sentence for time spent, while on parole at a community corrections center, in an inpatient program. Patrick Wagner (Wagner) appeals the order of the Pennsylvania Board of Probation and Parole (Board) denying him credit because it determined that the conditions at the facility were not so restrictive an environment that it constituted confinement.

The relevant facts of the case are as follows. Wagner was originally sentenced to a term of not less than five years to not more than…