Opinion

Head v. Commonwealth, Pennsylvania Board of Probation & Parole

  • 72 Pa. Commw. 257
  • 456 A.2d 1116
  • 1983 Pa. Commw. LEXIS 1362
Court
Commonwealth Court of Pennsylvania
Filed
Feb 23, 1983
Status
Published
Author
Pee
On the bench
Craig, MacPhail, Pee, Rogers
Cited by
1 cases
Authority
More cited than 55.6%

The opinion

Pee Curiam

Opinion,

In this parole revocation case, Leroy Head claims that, in light of his history of mental illness, the Pennsylvania Board of Probation and Parole abused its discretion and violated his constitutional guarantee against cruel and unusual punishment by recommitting him to a state correctional facility instead of assigning him to an inpatient residential mental health treatment program.

The board contends that the hearing examiner considered Mr. Head’s psychiatric history but that it was inadvisable that he be entrusted to the security of a hospital.

Unfortunately, we have no record of the proceedings in this case. Without a verbatim transcript of the revocation hearing, we have no way to determine if the board abused its discretion by allegedly failing to consider Mr. Head’s psychiatric history.

Pee Curiam Oedee

Now, February 23, 1983, it is ordered under Pa. R.A.P. 1952(b) that the Pennsylvania Board of Probation and Parole transmit the entire record in this case, including a verbatim transcript of Mr. Head’s revocation hearing, to this court not later than 30 days from the date of this order. Jurisdiction retained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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