PA Parole - Absconder - Street Time?

[bononos again]

What is the name of your state (only U.S. law)? PA
2-4 year sentence. Served about 1.5 before parole. Violated parole earlier in 2014, placed in half-way house. Released from half-way after a few months. Another violation in October and re-placed in half way house. Absconded from half-way house on Christmas Day. Arrested yesterday.
About 2 years served between prison and half-way houses, but he is just about to hit 4 year maximum on the original sentence.
From what I have read, PA cannot add to sentence for absconding, only make them serve the maximum remaining sentence. But, some info states that "street time" credit served on release but parole can be taken away and he can be made to serve that time in prison.
Somewhat confused on this. Could he really have absconded and only serve a few weeks since the 4 year maximum sentence will be reached? Can the "street time" be revoked and he be made to serve 2 more years?
Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? PA
2-4 year sentence. Served about 1.5 before parole. Violated parole earlier in 2014, placed in half-way house. Released from half-way after a few months. Another violation in October and re-placed in half way house. Absconded from half-way house on Christmas Day. Arrested yesterday.
About 2 years served between prison and half-way houses, but he is just about to hit 4 year maximum on the original sentence.
From what I have read, PA cannot add to sentence for absconding, only make them serve the maximum remaining sentence. But, some info states that "street time" credit served on release but parole can be taken away and he can be made to serve that time in prison.
Somewhat confused on this. Could he really have absconded and only serve a few weeks since the 4 year maximum sentence will be reached? Can the "street time" be revoked and he be made to serve 2 more years?
Thank you.

He should probably ask his attorney these questions.

 

[bononos again]

He should probably ask his attorney these questions.

He probably should. I am the ex-wife with full custody of our kiddo. Before he absconded, he had asked kiddo if he wanted to leave the state with him while on a visit. I have huge concerns for safety if he would be released soon. I am dealing with that through family court. Just trying to get accurate clarification of PA parole since his maximum 4 year sentence is almost up.

 

[single317dad]

Simply running away until your original sentence runs up is not a viable method for avoiding incarceration. It's been tried in every state, and every state has passed laws to counter that plan. His sentence will, in effect, "toll" until he returns to community corrections or prison.

General code on Gagnon hearings:

http://www.pacode.com/secure/data/234/chapter7/s708.html

PA vs. Kehrli (see page 4 where the court added 85 days of back time):

http://www.carboncourts.com/Opinions/jserfass/CommonwealthvsKehrli.pdf

 

[OHRoadwarrior]

He will likely serve the paroled portion of his sentence.

 

[bononos again]

Simply running away until your original sentence runs up is not a viable method for avoiding incarceration. It's been tried in every state, and every state has passed laws to counter that plan. His sentence will, in effect, "toll" until he returns to community corrections or prison.

General code on Gagnon hearings:

http://www.pacode.com/secure/data/234/chapter7/s708.html

PA vs. Kehrli (see page 4 where the court added 85 days of back time):

http://www.carboncourts.com/Opinions/jserfass/CommonwealthvsKehrli.pdf

Thank you.

 

[Ohiogal]

He could possibly also be charged with escape (that happens in Ohio all the time when this situation arises). Yes, I know you are in PA but it is also possible there.

*Interesting note: in Ohio people have been charged with F3 Escape when they were originally only serving a misdemeanor.