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WAGNER v. BD. OF PROBATION AND PAROLE

846 A.2d 187 (2004)

Patrick WAGNER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 1, 2004.

Attorney(s) appearing for the Case

Joseph J. Hylan, Norristown, for petitioner.

Chad L. Allensworth, Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, and COHN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN.

In this appeal, we are asked to consider whether a parolee is entitled to credit on his maximum sentence for time spent, while on parole at a community corrections center, in an inpatient program. Patrick Wagner (Wagner) appeals the order of the Pennsylvania Board of Probation and Parole (Board) denying him credit because it determined that the conditions at the facility were not so restrictive an environment that it constituted confinement...

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