CPV (Convicted Parole Violations): Time Recalculation Process
Every inmate who is released from incarceration to parole supervision in the community in Pennsylvania is given a form to sign. This form is a list of parole supervision conditions each person MUST follow while on parole in the community. When a person does not follow these conditions, they may be classed as either a technical parole violator or a convicted parole violator.
A technical parole violator (TPV) is a person who violates parole terms and conditions, other than a new misdemeanor, felony conviction, or certain summary offenses. Examples of TPVs include: missed curfew, being unsuccessfully discharged from a CCC or CCF, leaving the district without permission, failing to report as instructed, etc.
A convicted parole violator (CPV) is a parolee who violates parole by being convicted of a new crime in a court of record that is punishable by imprisonment while on parole. It is the CPV status of a person and the following time calculation adjustments to a person’s sentence that can be confusing and difficult to understand.
Knowledge of what could happen in CPV cases about pending time calculations is crucial. Understanding this part of the parole process can give all parties involved guidance about what to expect moving forward as these questions are often asked of the Parole Board:
1) How much time do I (or my loved one) owe on my sentence?
2) What types of credit do I (or my loved one) get on my sentence?
3) When am I (or my loved one) available to start serving my sentence?
Having a family member, loved one or friend return to prison as a CPV after he/she was previously granted parole can be an extremely stressful situation. The Parole Board understands that and wants to educate all parties involved on the time recalculation process.
Time Recalculation Process
Lesson #1: How a new sentence IS NOT calculated
If your parole is revoked after you (or your loved one) has been on parole supervision for a period of time, the time the person was on parole, or “street time,” is not added to the original maximum (MAX) sentence date to determine the new MAX date. This is not how recalculations work and is a very common misconception.
After the Parole Board revokes a person’s parole because of a new criminal conviction, this person owes the number of days from the day they were last paroled to their MAX date. The result is known as backtime owed.
Lesson #2: Types of Credit
There are three types of credit that can be subtracted from the number of days that one might owe.
Confinement credit is credit due if a parole violator spent time incarcerated on a Board detainer for technical violations or criminal charges AND those charges did not result in a revocation.
Board-awarded credit is the Parole Board exercising its discretion to award a parole violator credit for time spent in good standing while under supervision. New convictions for certain violent offenses are not awarded credit for time at liberty on parole by statute, but other offenses are left to the discretion of the Board. New convictions for non-violent offenses do not automatically entitle a CPV to credit on their sentence. This type of credit is at the discretion of the Parole Board.
New convictions for non-violent offenses do not automatically entitle a CPV to credit on their sentence. This type of credit is at the discretion of the Parole Board.
Backtime credit is credit for time spent only on the Parole Board’s detainer prior to sentencing on a new criminal conviction. All time spent incarcerated must go somewhere, and if you posted bail, a person will likely get backtime credit.
Not all of these credit types will apply to every case. The Parole Board has trained technicians to determine exactly what types of credit a parole violator should and will receive. Subtracting the confinement credit, Board-awarded credit, and backtime credit from the backtime owed will result in how much time is left on the original sentence.
Lesson #3: When is a violator available to start serving his/her original sentence?
The answer to this question can be complicated and confusing. The answer depends on:
1. What happened with the parole violator’s new conviction; and,
2. What the new sentence is.
In most cases, the person is available to start serving whatever is left on his/her original sentence at some point on or after the latest sentencing date for any new criminal convictions, and they have been returned to a state correctional institution. The exact date of return is determined by a trained technician after reviewing all of the facts available.
Examples for CPV Sentences for New Convictions
[Examples taken from actual letters to illustrate the top categories of appeals received by the Parole Board]