On December 12, 1997, as recorded on December 11, 1997 the Board rendered a decision with a green sheet mailing date of December 23, 1997 to recommit Funk to Northumberland County Prison as convicted parole violator to serve 2 months, 22 days backtime, and to reparole on February 10, 1998, noting your parole violation max date: 02/02/00. information used in its preparation;
AND NOW, this 3rd day of April, 2002, the petition filed by Harry J. Cancelmi, Jr. (Counsel), to withdraw as counsel for Gerald Funk (Petitioner) is denied without prejudice. corrections center (CCC). compliance with your conditions. These forms will include background information on your current offense
or as ordered by
you submit your proposed parole plan to the institutional parole staff
Individuals shown on these pages are not reporting as required by conditions of their parole. 6. "The Pennsylvania Board of Probation and Parole is committed to protecting the safety of the public, addressing the needs of crime victims, improving county adult probation and parole services and assisting in the fair administration of justice by ensuring the custody, control, and treatment of offenders under the jurisdiction of the Board.". endobj Counsel's opinion is that the parolee is again collaterally attacking a recalculation order mailed December 23, 1997 that announced a recalculation maximum term expiring February 2, 2000. Before this Court is a petition to withdraw filed by Harry J. Cancelmi, Jr., Esquire (Counsel). We can only assume that the correct date of the Board's denial of administrative relief at issue is June 18, 2001, since Counsel attached this letter as Exhibit B. Post your question and get advice from multiple lawyers. Moreover, in reviewing a petition to withdraw, this Court must make an independent evaluation of the proceedings before the Board to determine whether the petitioner's appeal is wholly frivolous. Displaying the 10 most recently added absconders. The administrative appeal was not filed within the time prescribed by the Board's regulations and therefore must be dismissed as untimely. endobj In any case, the time for the appeal has already passed when you notified us of the decision. Moreover, we are of the opinion that counsel's no-merit letter does not fulfill the criteria set forth in Turner. to see if the arrangements are suitable. Drug, Device, and Cosmetic Act
Proudly founded in 1681 as a place of tolerance and freedom. who issued the warrant, explain that you are being considered for parole
A Copy is marked Exhibit A. You sent an application for Public Defender to the office on October 31, 1999. The record is unclear, however, as to the charges surrounding this arrest. 7 0 obj imprisonment upon
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If I am ever charged with the parole violation arising out of my
1 10/04/2021 10/04/2021 Pennsylvania Parole Board Change in Status/Board Has Closed Interest/Found Guilty of Probation/Parole Violation/Revoked on 8/2 Printed: 04/26/2023 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Learn more about FindLaws newsletters, including our terms of use and privacy policy. endobj By subsequent Board action mailed September 21, 1999 (Certified Record, 50), the Board recommitted Funk to the Northumberland County Prison as a convicted parole violator when available to serve 12 months backtime for the criminal convictions of criminal trespass and theft established in a court of record. The parole process is best described as a series of steps not only for the inmate as he/she prepares for the parole interview, but also for the Parole Board itself as it reviews and processes hundreds of cases each month. These conditions dictate the actions of the offender once released to supervision. x\[o~7GhK[Q B;,YN^HJ\'P kI.w.(Gj2]EVs|r=fVxe5\-a,_xE9%31f2c/Xyqi {]*(#xw Fax: 717.705.1774. ability to pay fines, costs, restitution, and prison debt. Respondent issued an order of April 26, 2001, referring to the recommitment of the Parolee to the Northumberland County Prison as a convicted parole violator to serve 12 months [action 09/14/99], and recommitted the parolee as a convicted parole violator to serve unexpired term concurrently, when available. Conditions of Parole. and the court informed of any changes
Conditions of Parole. Has been held five years on parole violation-DUI. Unfortunately, the Office of the Public Defender did not know that you had already received a denial of your appeal from the Board on October 21, 1999. Petitioner did not appeal this decision of the Board. Begin Main Content Area GET ANSWERS To most-often asked questions . /FitWindow true You may be trying to access this site from a secured browser on the server. After reviewing the merits of Petitioner's appeal, Counsel sent Petitioner a letter dated December 4, 2000, which provides: On December 12, 1997, as recorded on December 11, 1997 the Board rendered a decision with a green sheet mailing date of December 23, 1997 to recommit you to Northumberland County Prison as convicted parole violator to serve 2 months, 22 days backtime, and to reparole on February 10, 1998, noting your parole violation maximum date: 02/02/00. Disciplinary information may not be comprehensive, or updated. Additionally, if you are planning on getting married or divorced or if
In consideration of being granted the privilege of parole/reparole by
Department of Corrections > Parole Supervision > Parole Resources > Forms Forms Key parole forms that are used frequently by both inmates and parolees are provided in PDF format. If you are convicted of a crime committed while on parole/reparole,
of the Board or
If any dockets are set up for collection regarding the other costs, fees, fines and/or restitution, 20% of the monies sent to your loved one will be deducted automatically and put towards that debt. ),
[email protected]
How
td]%ASB,:o\T=~P5K4"sc. How can inmate sue against parole board in PA. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 26 0 R/Group<>/Tabs/S/StructParents 0>> all municipal, county, state and federal criminal
endobj The parolee had served the entire sentence at #18367 Northumberland County for seven to thirty-five months and the Board of Probation and Parole had no jurisdiction over the parolee. }6=> Em. 3. This appeal must be filed within 15 business days of the denial or deemed denied. You may also submit a tip from this website. et seq.) me to the United States or to the Commonwealth of Pennsylvania; and
When a request is denied or deemed denied, whether in whole or in part, the requester may file an appeal with the Office of Open Records, where it will be assigned to an Appeals Officer. To the extent this portion of the letter is meant to address Petitioner's parole status and the Board's jurisdiction, the Court presumes counsel is indicating that Petitioner is improperly collaterally attacking the December, 1997 recalculation order. Congo v. Pennsylvania Board of Probation and Parole, 104 Pa.Cmwlth. have posted bail or been released on your own recognizance from those
We are seeking information as to their whereabouts. Outside
Should problems arise, or questions occur concerning the conditions of
Using our services for any unlawful purposes are strictly prohibited. Preparing for Parole. Thereafter, Counsel filed a petition to withdraw with this Court which provides: 4. drugs and abstain from
You took no appeal from that decision and that subsequent appeal was dismissed as untimely under 37 Pa.Code 73.1(a)(1). First, I am sorry to say that based upon the above summary and my review of the record I do not believe that under a review of the record of the matter that this argument has any merit. Under Act 115 of 2019 (or the Justice Reinvestment Initiative 2 (JRI2)), Short Sentence Parole allows the Parole Board to parole an individual without requiring an interview at the end of the persons minimum date or RRRI minimum date, whichever is shorter. @ $:,9IL;v~pX+MjG ~> 0G~ uEi)?6~IA*xVJAZ2;xB,3Up,O8 costs, and restitution imposed on you by the
Welcome to the Pennsylvania Parole Board Absconders list. Thereafter, you shall:
Funk is improperly arguing that the Board erred in 1997 when it recalculated that maximum release date to February 2, 2000. It may be revoked for violations of the conditions of parole or for new criminal convictions. An offender who has been sentenced to more than two years of confinement is likely eligible for parole at some time under Pennsylvania law. The Board is also responsible for overseeing the offender release program and will also review cases of inmates who received less than a two-year sentences (called special probation/parole cases), as directed by the courts. Consequently, we must conclude that the no-merit letter is defective and we will deny his petition to withdraw as counsel. (Counsels' Petition to Withdraw, Attachment). any person who prepared any such documentary evidence or who supplied
Keystone State. >> from prison a payment schedule
A wholly frivolous appeal is one that is completely devoid of points that might arguably support an appeal. This is not the case as a positive Board Action (Board decision/"green sheet") triggers numerous other events that must take place before the inmate is released on parole. You must comply with
c) Keep the parole supervision staff
Home / Session Information / Executive Nominations Information / Pennsylvania Parole Board. Therefore, you argue that the Pennsylvania Board of Probation and Parole did not have jurisdiction over you at the time of the commission of the crime for which your parole was revoked due to a new conviction. 175 of 1999 in which you were subsequently convicted on December 18, 2000 and sentenced for Aggravated Assault, Rape, and Robbery on January 17, 2001 for a period of ten years to 20 years consecutive to any sentence which you were currently serving. This Court has interpreted Turner as requiring counsel to file a no-merit letter containing (1) the nature and extent of counsel's review; (2) the issues the petitioner wishes to raise; and (3) counsel's analysis in concluding that the petitioner's appeal is frivolous. in your financial
Copyright 2023, Thomson Reuters. xY[w~ Kpuddij!'nrs]x'#G$vgfv.q+'/{?4I/5~/o'H~=QK`df|l'2eY%:gi=,KOh':f6nQHo6\lEN? In March he saw the parole board and his green sheet said that he was denied parole on his cp-1227 (RSP charge) and was re-parole on the cp-1709 (drug) charge. staff within 72 hours of any change
Parole is a privilege, not a right; it is not automatic or guaranteed. Gerald FUNK, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. You wrote to the Public Defender's office. stream If you think that any of your rights have been violated as a result
Prior to releasing an offender to Pennsylvania parole, the Board will determine a list of suitable release conditions. Parole Application (pdf) PB 1 Home Plan Form (pdf) PB 40 Administrative Appeal Remedies Form (pdf) one. 1). the revocation of my parole for that violation may be based solely on
Similarly, the Board is also responsible for the reintake of offenders who are found to be in violation of the conditions of Pennsylvania parole. How
Copyright 2023 GovernmentRegistry.org All Rights Reserved. The basic job of the Pennsylvania Board of Probation and Parole is to parole inmates who qualify and reparole inmates who have been given a second chance at supervision. The first intention of providing parole to inmates is the protection of the public and an accurate risk factor is calculated. If an offender is denied parole, the "green sheet"will give reasons for the denial, state when the offender will next be reviewed for parole and what the Vandermark. Post a free question on our public forum. PAR . (Counsels' no-merit letter, pp. your parole/reparole, consult with the parole supervision staff, and they
Subsequently, you were ordered recommitted as a convicted parole violator to serve unexpired term, concurrently, when available by the Green Sheet with mailing date of May 1, 2001. of a summons or citation for an offense punishable by
On December 10, 1999, the Office of the Public Defender wrote to you to ask if you received your decision from the Board. Understanding the nuances of the parole process can be challenging. ^`_"JyiOaQgXyd?)R $%b8PEO,M You cannot live in Section 8 or other federally-funded
you to live by yourself as long as you have a legitimate job that will
Any information provided will be held in strictest confidence. The Department of
Start with your legal issue to find the right lawyer for you. This section examines the key phases of the overall parole process. first to the district director of the district office through which you
provide you with enough income to meet your personal needs. << cz#ju~\]Ut~Zh4ZVCv
Vwo7oWAR1}g4%'99e p26 with persons listed on your green
If you violate a condition of your parole/reparole and, after the
If you have not already done so, you should try to clear up any outstanding
from prison. QIbW01`3
~9Z/rrq1YO1yrKX>EEg;(Oz$H+80iX!~ Please review the materials and advise immediately. He is serving backtime for a drug charge and also a receiving stolen property charge.
26 0 obj On April 26, 2001, the Board rendered a decision referring to the Board's action dated September 14, 1999, which recommitted Petitioner as a CPV to serve twelve months backtime, and further recommitted Petitioner to serve the unexpired term for the offenses for which he was convicted in December of 2000, concurrently. Any information provided will be held in strictest confidence. may not be changed without the written
of your parole supervision, you may submit a timely complaint in writing,
Your approved residence
1 0 obj |2s. 101 et seq. E@t,r.2myc W-6Ja?2P~=rCD88 2IFh0v}(T` 511, 522 A.2d 676 (1987). You must maintain regular
Understanding the nuances of the parole process can be challenging. You must have been a resident
home plan on parole after you have a hearing and make payment arrangements
endobj Stay up-to-date with how the law affects your life. person within 24 hours to the district office or sub-office,
You filed an administrative appeal of the December 23, 1997 recalculation order. About the Board; Board Members; Board Organization; Meeting Minutes; Resolutions; Juvenile Lifers; Employment Information; Parole 101. . The appeal shall be sent to: The Commonwealth Office of Open RecordsCommonwealth Keystone Building333 MarketStreet - 16th FloorHarrisburg, PA 17101-2234Phone: 717.346.9903Email:
[email protected]. The following conditions
Counsel must satisfy these requirements before we may consider any request to withdraw an appearance. Whether these are the charges forming the basis for the September 25, 1998, arrest is unclear. You were arrested by the police in Union County on August 4, 1999 in the matter captioned at No. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Special conditions
when you get out? ADMINISTRATIVE APPEAL vs. The Board issued a Warrant to Commit and Detain you on September 29, 1998 after a decision to detain pending disposition of the new criminal charges. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. any firearms or other weapons; and
Better understand your legal issue by reading guides written by real lawyers. In some cases, if you are paroled to a detainer, you will be transported
conviction; and
FUNK v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. By using the services offered through GovernemtRegistry.org you agree to comply with all of the conditions as explained in our terms and privacy disclosure. treatment, sex offender treatment,
240, 565 A.2d 214 (1989). 4 0 obj It appears from the record that, while on parole, Petitioner was arrested on September 25, 1998. The Board Action mailed September 21, 1999, did not provide a recalculation of your parole violation maximum date.Furthermore, the extended parole violation maximum date you refer to was first provided in a Board Action mailed December 23, 1997. 6138(a)(2.1) of the Prisons and Parole Code (Code), 61 Pa. C.S. A two-person Board Panel may make decisions concerning parole, reparole, return, or revocation. 4. et seq.) 4. Absent in the letter is any detailed indication of why the assertion that Petitioner was not under parole supervision at the time of the offense is frivolous.7 Also missing is an analysis of the alleged due process violations. The Board can parole you to an approved home plan, a private facility, or to a CCC for some period of time. More Criminal defense Parole for criminal conviction Ask a lawyer - it's free! 3. >> Administrative Remedies Form (PB 40) (pdf) Parole Application Form (PB41) (pdf) Board . Paperwork signed by inmate with counselor says good behavior, green sheet report says the opposite. You should ask the attorney that represented you at the trial or appellate level. Posting a question on this website does not create an attorney-client relationship. Counsel's statement See reference to Green Sheet with mailing date of December 23, 1997 is simply insufficient. Please be aware that GovernmentRegistry.org is not a Consumer Reporting Agency as defined by Fair Credit Reporting Act. Your approved residence may not be changed without the written permission of the parole supervision staff. As I understand it, you allege that you were not on parole on September 11, 1998. and can lead to you remaining in prision longer while you develop an aceptable
The Board consists of nine members who are appointed by the Governor, subject to the advice and consent of a Senate majority. All rights reserved. Counsel is given thirty days from the date of this order to comply with the requirements of Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) and to refile his petition to withdraw or, in the alternative, to file a brief on the merits. Please enable scripts and reload this page. Pennsylvania parole follows strict eligibility guidelines concerning the nature of crimes, the date crimes were committed, and the overall impact of a parole on society and/or the victim. to the established payment schedule
No appeal was taken from this decision. Corrections (DOC) will gather and submit certain documents to the institutional
PAR . The Board's decision was recorded on December 11, 1997, and mailed on December 23, 1997. You shall:
of the Vehicle Code (75 Pa. C.S. xZs)K. Neither the courts of the Unified Judicial . and do not leave that district without
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