Miller v. Commonwealth, Pennsylvania Board of Probation & Parole

Opinion by

Judge MacPhail,

In this appeal from the denial of administrative relief by the Board of Probation and Parole (Board), Charles W. Miller (Petitioner) raises the narrow issue of whether the Board violated its own regulation when it informed Petitioner that its reason for exceeding the presumptive range for his recommitment was “multiple convictions”. 37 Pa. Code §75.1 (e) permits the Board to deviate from the “presumptive range” of recommitment time for convicted parole violators provided the Board gives written justification for its action.

In the instant case, the Petitioner,…