Rogers v. Pennsylvania Board of Probation & Parole

724 A.2d 319, 555 Pa. 285, 1999 Pa. LEXIS 128
CourtSupreme Court of Pennsylvania
DecidedJanuary 22, 1999
Docket0008, 0009, 0010 M.D. Appeal Dkt. 1997
StatusPublished
Cited by138 cases

This text of 724 A.2d 319 (Rogers v. Pennsylvania Board of Probation & Parole) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. Pennsylvania Board of Probation & Parole, 724 A.2d 319, 555 Pa. 285, 1999 Pa. LEXIS 128 (Pa. 1999).

Opinions

OPINION OF THE COURT

CASTILLE, Justice.

This Court granted allocatur to determine whether a decision by the Pennsylvania Board of Probation and Parole (hereinafter “Parole Board”) to deny an application for parole upon expiration of an inmate’s minimum sentence and thereafter is uniquely one of administrative discretion and, as such, is not subject to judicial review.

Nathaniel Rogers, Christopher Reed, and Michael Meehan (“appellants”) appeal from the Orders of the Commonwealth Court dismissing their respective Petitions for Review following the Parole Board’s decision to deny parole1 after they [288]*288served their respective minimum sentences as imposed by the trial court. The Commonwealth Court’s Orders were based on its conclusion that a Parole Board decision is wholly within the discretion of the Parole Board and not subject to judicial review, as the Commonwealth Court previously held in Reider v. Pennsylvania Bd. of Probation and Parole, 100 Pa. Commw. 333, 514 A.2d 967 (1986). Appellants separately filed Petitions for Allowance of Appeal. This Court granted allocatur to all three petitions, and by Order of this Court dated January 23,1997, the matters were consolidated.

Appellants aver that the denial of parole by the Parole Board was arbitrary and capricious.2 They argue that their right to appellate review of an adverse Parole Board [289]*289determination is rooted in Article V, Section 9 of the Pennsylvania Constitution or, in the alternative, in a liberty interest protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Appellee contends that the Commonwealth Court properly dismissed the appeals pursuant to Reider, supra. For the following reasons, we agree with Appellee.

Section 17 of the Parole Act, 61 P.S. § 331.17, provides the Parole Board with the exclusive power to grant or deny parole to a prisoner. When exercising this power, the Parole Board must consider various factors such as the nature and character of the offense committed, any recommendation by the trial judge and the District Attorney, the general character and history of the prisoner and testimony or statements by the victim and the victim’s family. See 61 P.S. § 331.19. After weighing these factors, the Parole Board exercises its discretion to either grant or deny parole. 61 P.S. § 331.21.

The Commonwealth Court has consistently relied on its opinion in Reider v. Bd. of Probation and Parole, 100 Pa. Commw. 333, 514 A.2d 967 (1986), when declining to review a Parole Board decision denying parole. In Reider, the Commonwealth Court determined that the Parole Board’s decision to deny a prisoner parole does not constitute an adjudication under the Administrative Agency Law. Because the Administrative Agency Law allows appeals to courts only after adjudications are made by an agency, the Reider court held that prisoners had no right to appellate review from the denial of parole. This Court has never addressed whether Reider was correctly decided by the Commonwealth Court. For the reasons described below, we believe that Reider was correctly decided.

Article V, Section 9 of the Pennsylvania Constitution provides that:

[Tjhere shall be a right of appeal in all cases to a court of record from a court not of record; and there shall also be a right of appeal from a court of record or from an administrative agency to a court of record or to an appellate court, [290]*290the selection of such court to be as provided by law; and there shall be such other rights of appeal as may be provided by law.

As this Court has noted, Article V, Section 9:

[Introduced a new concept to Pennsylvania jurisprudence, one which recognized the important position of administrative agencies in modern government, the quasi-judicial functions that many of them perform, and the fact that both property rights and personal rights can be seriously affected by their decisions. This section was not, of course, self-executing, and on December 2, 1968, the General Assembly adopted four statutes designed to implement it. They were Acts Nos. 351, 353, 354, and 355 ... Act No. 354 is an amendment to the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. § 1710.1 et seq. [repealed 1978, April 28, P.L. 202; reenacted at 2 Pa.C.S. § 101, et seq.] and provides for appeals from “agencies of the Commonwealth” as defined by that law.

Smethport Area Sch. Dist. v. Bowers, 440 Pa. 310, 314-15, 269 A.2d 712, 715 (1970).

Pursuant to the Administrative Agency Law, a court reviewing an action of a Commonwealth agency is limited to determining whether a constitutional violation, an error of law or a violation of agency procedure has occurred and whether the necessary findings of fact are supported by substantial evidence. An individual, however, is only entitled to such review from an adverse decision by a Commonwealth agency where such a decision constitutes an adjudication. 2 Pa.C.S. § 702.3 An adjudication is defined by the Administrative Agency Law as:

[A]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privi[291]*291leges, immunities, duties, liabilities or obligations of any or all of the parties to the proceedings in which the adjudication is made. The term does not include any order based upon a proceeding before a court or which involves the seizure or forfeiture of property, paroles, pardons, or releases from mental institutions.

2 Pa.C.S. § 101 (emphasis added).

Here, the definition of adjudication clearly and unambiguously provides that parole decisions are not ones which are subject to appellate review by the courts. Therefore, because the General Assembly, in its wisdom, has conferred upon the Parole Board sole discretion to determine whether a prisoner is sufficiently rehabilitated to serve the remainder of his sentence outside of the confines of prison, we hold that the courts of the Commonwealth do not have statutory jurisdiction to conduct appellate review of a decision of the Board, since such a decision does not constitute an adjudication.

Appellants further argue that even if a parole decision does not constitute an adjudication which is statutorily subject to appellate review by the courts, there still exists a constitutionally-guaranteed right of appeal from the Parole Board’s actions under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Appellants cite Bronson v. Bd. of Probation and Parole, 491 Pa. 549, 421 A.2d 1021 (1980), cert. denied, 450 U.S. 1050, 101 S.Ct. 1771, 68 L.Ed.2d 247 (1981), in support of this contention. In Bronson,

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Bluebook (online)
724 A.2d 319, 555 Pa. 285, 1999 Pa. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-pennsylvania-board-of-probation-parole-pa-1999.