Opinion
March 17, 1964.
Criminal law — Sentence — Constructive parole to serve back time on prior offenses — Recommitment as parole violator — Credit for time served on other offenses subsequent to constructive parole — "Remainder of term" — "At liberty on parole" — Independent service of back time and sentence for new crime committed on parole — Policy of Commonwealth — Act of August 24, 1951, P. L. 1401.
1. Where a prisoner who is granted a constructive parole from a sentence at the expiration of his minimum term, to serve back time on a prior sentence, is later released from confinement on parole from the prior sentence, and while free from confinement but still on parole from the later sentence is convicted of a new crime and recommitted as a parole violator, he is not entitled to credit on the balance of the maximum term of the sentence from which he was constructively paroled for time served on other sentences subsequent to the date of his release on constructive parole.
2. Under § 21.1, added to the Act of August 6, 1941, P. L. 861, by the Act of August 24, 1951, P. L. 1401, and amended by the Act of June 28, 1957, P. L. 429 (which provides that any parolee recommitted as a parole violator following conviction of a crime while on parole shall be reentered to serve the remainder of the term which he would have been compelled to serve had he not been paroled, and shall be given no credit for the time at liberty on parole), the "remainder of the term" refers to the portion of the sentence actually left on the date of the release on parole and not on the date of violation of the parole.
3. Under § 21.1 what the legislature intended by "at liberty on parole" is not at liberty from all confinement but at liberty from confinement on the particular sentence for which the convict is being reentered as a parole violator.
4. It is the policy of the Commonwealth that a convict who commits a crime while on parole must serve his back time and his sentence for the new crime independently and that he cannot serve the two concurrently.
5. A parole violator is entitled to no credit on his maximum sentence for the time spent in confinement in a prison in another state.
Submitted January 14, 1964. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 26, May T., 1964, from judgment of Court of Common Pleas of Dauphin County, No. 503 Commonwealth Docket 1963, in case of Commonwealth ex rel. Lawrence Jones v. Alfred T. Rundle, Superintendent, and Pennsylvania Board of Parole. Judgment affirmed.
Same case in court below: 33 Pa. D. C.2d 9.
Mandamus.
Order entered sustaining defendants' preliminary objections in nature of demurrer and judgment entered for defendants, opinion by MILLER, J. Plaintiff appealed.
Lawrence Jones, appellant, in propria persona.
Frank P. Lawley, Jr., Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for appellee.
Order affirmed on the opinion of Judge MILLER of the Court of Common Pleas of Dauphin County, published in 33 Pa. D. C.2d 9.