El-Amin v. Pa. Parole Bd

The Pennsylvania Commonwealth Court affirmed the Parole Board’s order denying a petition for time credit. When he was paroled from state prison, the petitioner was required to stay at the York Community Correction Center (CCC), the Keystone Community Correctional Facility (CCF), and the Harrisburg CCC. The petitioner was arrested and convicted on new charges, and the Parole Board did not give him credit for the time he spent at the facilities mentioned above. The petitioner appealed, and the Commonwealth Court affirmed. The Court adopted the Board’s determination that the York CCC, the Keystone CCF, and the Harrisburg CCC did not restrict the petitioner’s ability to leave because residents were allowed to leave with permission for various reasons, which included employment, employment searches, leisure activities, shopping, and attending medical and Social Security appointments. And the staff at all three facilities was prohibited from stopping any resident from leaving the buildings, even if the resident chose to go without signing out. Therefore, time credit was not due because the “Court repeatedly holds that parolees are not entitled to credit for periods in which they reside in . . . CCCs[], CCFs, or inpatient treatment programs where the Board determines the parolees did not meet their burden of proving the restrictions on their liberty were the equivalent of incarceration.”

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