David Carmichael v. Pennsylvania Parole Board

Summary

The Commonwealth Court of Pennsylvania affirmed the Pennsylvania Parole Board’s recommitment of David Carmichael as a convicted parole violator and recalculation of his parole maximum date. The court held that Carmichael’s revocation hearing was timely because his unavailability while subject to interstate supervision and pending new criminal proceedings excluded that period from the applicable 120-day calculation. The court relied on the Board’s regulations and the binding rules of the Interstate Compact for the Supervision of Adult Offenders.

Holdings

1. The Board's revocation hearing was timely because the period before July 27, 2023, was excluded from the 120-day period. Although Carmichael was no longer incarcerated when the Board received official verification of his Virginia conviction, he was unavailable to the Board until Washington, D.C. requested his retaking under the binding ICAOS rules.

Questions Presented

1. Whether the Pennsylvania Parole Board's revocation hearing was timely under due process and the Board's regulations when the Board received official verification of a new conviction before the parolee was retaken from interstate supervision.
2. Whether the period before July 27, 2023, was excludable because Carmichael was unavailable to the Board under the Board's regulations and the Interstate Compact for Adult Offender Supervision rules.

Disposition

affirmed