IN THE COMMONWEALTH COURT OF PENNSYLVANIA

John Wesley Silvain, Jr., :

Petitioner :

:

v. :

:

Pennsylvania Parole Board, : No. 788 C.D. 2022

Respondent : Submitted: September 22, 2023

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge

HONORABLE CHRISTINE FIZZANO CANNON, Judge

HONORABLE LORI A. DUMAS, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION 

BY JUDGE FIZZANO CANNON FILED: January 12, 2024

John Wesley Silvain, Jr. (Silvain), through counsel, petitions for review 

of the June 24, 2022 decision of the Pennsylvania Parole Board (Board) denying his 

administrative challenge to the computation of his parole violation maximum date. 

Upon review, we affirm.

I. Background

In December 2015, Silvain received an aggregate sentence of 1 year, 

10 months to 5 years of incarceration following convictions of simple assault, flight 

to avoid apprehension, and violation of probation on the basis of a drug-related 

offense. Certified Record (C.R.) at 1-2 & 7. Silvain’s maximum sentence date was

then August 13, 2020. Id. at 2. The Board paroled Silvain in September 2017, at 
2

which time 1059 days remained on his original sentence. Id. at 7, 9 & 134. On July 

11, 2018, Silvain absconded from supervision and was declared delinquent. Id. at 

11 & 134. 

On July 23, 2018, Silvain was arrested in Franklin County on new 

criminal charges. Id. at 134. The same day, Silvain was denied bail and the Board 

issued a warrant to commit and detain him for violation of parole. Id. at 12 & 134. 

In October 2018, the Board detained Silvain on the basis of the new criminal charges 

and recommitted him for technical parole violations related to delinquency. Id. at 

134. The Board computed a parole violation maximum date of August 25, 2020, 

accounting for Silvain’s 12-day delinquency period. Id. The Board lifted its detainer 

on August 13, 2020, at which point Silvain remained incarcerated solely on the new

criminal charges until posting nominal bail on March 19, 2021. Id. at 85 & 134-35. 

On December 22, 2021, the Court of Common Pleas of the 39th Judicial District of 

Pennsylvania, Franklin County Branch (trial court) sentenced Silvain to 11.5 to 23 

months’ incarceration after his conviction on the new charges, to be served in 

Franklin County Prison. Id. at 135. 

On January 18, 2022, the Pennsylvania Department of Corrections 

(Department) issued a warrant to commit and detain Silvain for violation of parole.

1

 

C.R. at 19 & 135. In March 2022, the Board ordered Silvain’s recommitment and 

issued a parole violation maximum date of October 22, 2024, which it calculated by 

adding Silvain’s remaining “backtime” to his January 18, 2022 “custody for return” 

date, less 51 days’ “backtime” credit for the period from June 23, 2020 to August 

13, 2020. Id. at 130. 

1

See infra note 3. 
3

The following month, upon motion filed on behalf of Silvain and with 

the agreement of the Commonwealth, the trial court amended counts 4 and 6 of the 

sentencing orders to accord Silvain credit from July 23, 2018 to September 23, 2019 

(14 months) and August 14, 2020 through May 14, 2021 (9 months). Id. at 128. 

Also in April 2022, Silvain petitioned the Board for administrative review of his 

parole violation maximum date. Id. at 126-27.

By decision mailed June 24, 2022, the Board denied Silvain’s 

administrative challenge to his parole violation maximum date. See C.R. at 134-36. 

The Board noted that Silvain was not detained solely pursuant to the Board’s warrant

from July 23, 2018 to March 19, 2021, when he posted bail, and was, therefore, not 

entitled to “backtime” credit on that basis. Id. at 135 (citing Gaito v. Pa. Bd of Prob.

and Parole, 412 A.2d 568 (Pa. 1980)). However, the Board concluded that 

because Silvain served in excess of the 23-month 

maximum period of incarceration, [it] did apply credit for 

51 days from June 23, 2020 (7/23/2018 + 23 months) to 

August 13, 2020 (the day the Board’s detainer was lifted).

Martin v. Pa. [Bd.] of Prob[.] and Parole, 840 A.2d 299

(Pa. 2003). Thus, Silvain was left with 1059 - 51 = 1008 

days to serve on his original sentence based on the 

recommitment. Considering that Silvain was sentenced to 

county incarceration, the Prisons and Parole Code [(the 

Code)2] provides that he must serve the new sentence 

first. 61 Pa.C.S. § 6138(a)(5). Because Silvain already 

completed the new term prior to sentencing on December 

22, 2021, he therefore became available to commence 

service of his original sentence when the Department [] 

lodged a detainer for revocation [on] January 18, 2022. 

Adding 1008 days to January 18, 2022 yields a 

recalculated maximum date of October 22, 2024. Thus, 

2

61 Pa.C.S. §§ 101-7301. 
4

the Board properly recalculated [Silvain’s] maximum 

date.

Id. at 135.3

Silvain petitioned this Court for review.

II. Issues

Before this Court,4 Silvain argues that the Board erred in failing to 

accord him “backtime” credit for the period spanning September 24, 2019 to August 

13, 2020, as he claims he was incarcerated “solely as a result of the state parole 

detainer.” Silvain’s Br. at 11.5 Silvain contends that this “failure” of the Board “is

fundamentally unfair and constitutes a violation of his due process rights.” Id. at 11-

3 The Board noted:

In October 2021, the seal on the [w]arrants to [c]ommit and [d]etain 

that are lodged against parole violators were changed from 

“Pennsylvania Parole Board” detainers to “Department of 

Corrections” detainers. For recalculation purposes, these detainers 

are treated the same pursuant to Gaito[ v. Pennsylvania Board of 

Probation and Parole, 412 A.2d 568 (Pa. 1980),] and Martin[ v.

Pennsylvania Board of Probation and Parole, 840 A.2d 299 (Pa. 

2003)].

C.R. at 135.

4 Our scope of review of a decision of the Board denying administrative relief is limited to 

determining whether necessary findings of fact are supported by substantial evidence, an error of 

law was committed, or constitutional rights have been violated. Fisher v. Pa. Bd. of Prob. &

Parole, 62 A.3d 1073, 1075 n.1 (Pa. Cmwlth. 2013). 

5 Confusingly, Silvain also asserts that the Board erred in failing to allocate credit for the 

period of time spanning September 24, 2019 to August 13, 2020 “to the case [he] pled to in criminal 

action number 2131 of 2018.” Silvain’s Br. at 11; see also C.R. at 123 (identifying an indictment 

number of C.P. 2131-2018 in connection with the December 22, 2021 sentencing in Franklin 

County).
5

12. Accordingly, Silvain requests that this Court order the Board to grant him 

“backtime” credit for this period of time and “issue [him] a new parole violation 

maximum date and re-parole date.”

6

 Id. at 12.

III. Discussion

As an initial matter, we observe that in addition to lacking specifics or 

meaningful explanation, Silvain’s brief also fails to provide any citation to 

supporting legal authority. Thus, we are unable to discern the basis of Silvain’s 

argument; accordingly, it is waived. See Pa.R.A.P. 2119(a) (stating that the 

argument section of the brief shall be divided into as many parts as there are 

questions to be argued, followed by such discussion and citation of authorities as are 

deemed pertinent); Commonwealth v. Johnson, 985 A.2d 915, 924 (Pa. 2009) 

(stating, “where an appellate brief fails to provide any discussion of a claim with 

citation to relevant authority or fails to develop the issue in any other meaningful 

fashion capable of review, that claim is waived”).7

6 We note that Silvain’s request for the Board to issue his future “re-parole” date is 

premature. See Martin, 840 A.2d at 302 (explaining that “[w]hen the minimum prison term 

expires, an inmate becomes eligible for parole and makes application to the Board, requesting a 

grant of parole”). Even though granting Silvain’s request would alter the date on which he 

becomes eligible for re-parole, Silvain has not yet submitted an application for re-parole, nor has 

the Board rendered a decision regarding any possible future application. See id.

7 We further note that Silvain’s appellate brief does not contain a statement of the questions 

involved; thus, any challenge to the Board’s decision is subject to waiver for this additional reason. 

See Pa.R.A.P. 2116(a) (stating, “[n]o question will be considered unless it is stated in the statement 

of questions involved or is fairly suggested thereby”); Township of Concord v. Concord Ranch, 

Inc., 664 A.2d 640, 651 (Pa. Cmwlth.1995) (holding that “[t]he failure of a party to act in 

conformity with [Appellate Rule] 2116(a) constitutes a waiver of the issue”); see also Thomas v. 

Elash, 781 A.2d 170, 176-77 (Pa. Super. 2001) (explaining that Appellate Rule 2116(a) “is to be 

considered in the highest degree mandatory, admitting of no exception,” and that “no point will be 

considered which is not set forth in the statement of questions involved or suggested thereby”).
6

Nonetheless, in the interest of completeness, we observe that, on the 

basis of the record, we discern no error in the Board’s calculation. “[W]hen a 

parolee: (1) is incarcerated on both new criminal charges and a detainer filed by the 

Board and (2) does not post bail for the new criminal charges, the time spent 

incarcerated shall be credited against the sentence for his new criminal charges.” 

Williams v. Pa. Bd. of Prob. & Parole, 68 A.3d 386, 389-90 (Pa. Cmwlth. 2013) 

(citing Gaito, 412 A.2d at 571). However, “[i]f a parolee is being held solely on the 

Board’s detainer, the parolee is entitled to credit on an original sentence for time 

served while incarcerated awaiting resolution of new criminal charges.” Williams, 

68 A.3d at 390 (citing Gaito, 412 A.2d at 571). “Backtime” credit is also available 

when “a convicted parole violator receives a term of incarceration for new charges 

that is shorter than his pre-sentence confinement, such that application of the general 

Gaito rule would result in excess incarceration.” Smith v. Pa. Bd. of Prob. & Parole, 

171 A.3d 759, 768-69 (Pa. 2017) (citing Martin). Thus, as this Court has explained, 

where a parole violator is confined on both the Board’s 

warrant and the new criminal charges and it is not possible 

to award all of the credit on the new sentence because the 

period of pre-sentence incarceration exceeds the 

maximum term of the new sentence, the credit must be 

applied to the offender’s original sentence.

Armbruster v. Pa. Bd. of Prob. & Parole, 919 A.2d 348, 355 (Pa. Cmwlth. 2007). 

Here, Silvain asserts that the Board erred in failing to grant him 

“backtime” credit for the period of September 24, 2019 to August 13, 2020, as, 

according to Silvain, he was detained solely pursuant to a “state parole detainer”

during this time. Silvain’s Br. at 11. However, Silvain is incorrect. He was confined 

pursuant to both the Board’s detainer and the Franklin County criminal charges from 
7

his July 23, 2018 arrest until the Board lifted its detainer on August 13, 2020. C.R. 

at 134-35;

8

see also Martin, 840 A.2d at 303 (explaining that “when an offender is 

held on new criminal charges as well as a detainer lodged by the Board, . . . the 

offender is confined for both offenses”). Thus, Silvain’s contention lacks merit. 

In December 2021, Silvain was sentenced to a maximum term of 23 

months’ incarceration. Id. at 135. Thus, the portion of Silvain’s pretrial detention 

during which he was confined on both the Board’s detainer and the subsequent 

criminal charges exceeded his maximum term by 51 days. Accordingly, the Board 

did not err in crediting 51 days of “backtime” against Silvain’s original sentence to 

yield a recalculated parole violation maximum date of October 22, 2024. See id. at 

130 & 135; see also Smith, 171 A.3d at 768-69; Armbruster, 919 A.2d at 355.

IV. Conclusion 

For the foregoing reasons, we affirm the June 24, 2022 decision of the 

Board.

___________________________________

CHRISTINE FIZZANO CANNON, Judge

8 Silvain did not post bail until March 19, 2021. C.R. at 134-35. 
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

John Wesley Silvain, Jr., :

Petitioner :

:

v. :

:

Pennsylvania Parole Board, : No. 788 C.D. 2022

Respondent :

O R D E R

AND NOW, this 12th day of January, 2024, the June 24, 2022 decision 

of the Pennsylvania Parole Board is AFFIRMED.

___________________________________

CHRISTINE FIZZANO CANNON, Judge