IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Randell McPhaul, :

Petitioner :

:

v. :

:

Pennsylvania Parole Board, : No. 741 C.D. 2022

Respondent : Submitted: March 10, 2023

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge

HONORABLE ANNE E. COVEY, Judge

HONORABLE STACY WALLACE, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY 

JUDGE COVEY FILED: May 23, 2023

Randell McPhaul (McPhaul) petitions this Court for review of the 

Pennsylvania Parole Board’s (Board) June 30, 2022 order affirming the Board’s 

order recorded January 31, 2022 (mailed February 2, 2022). Essentially, there is one 

issue before this Court: whether the Board erred by failing to credit McPhaul for the 

time he served exclusively under the Board’s warrant.1 After review, this Court 

affirms.

1

In his Statement of Questions Involved, McPhaul also presents the following issue: “Did 

[the Board] hold [McPhaul’s] revocation hearing within 120 days of official verification of his 

conviction or return to a [State Correctional Institution (SCI)]?” McPhaul Br. at 4. McPhaul’s 

“Suggested Answer” is “Yes.” Id. Further, in his Argument, McPhaul cites Section 71.4(1)(i) of 

the Board’s Regulations, 37 Pa. Code § 71.4(1)(i) (the 120-day rule only applies when a parolee 

has not waived his right to a panel revocation hearing), and confirms: 

[McPhaul] was returned to a[n SCI] on November 18, 2021 ([see] 

Certified Record [(C.R.) at] 54)[,] and waived his revocation hearing 

on January 18, 2022. ([See C.R. at] 39-40). The waiver is within 

120 days from [McPhaul’s] return to a[n SCI] and[,] therefore[,] 

there is no ground for appeal of this issue.

McPhaul Br. at 11 (emphasis added). Accordingly, this Court need not further address that issue.
2

McPhaul2 was serving a 11⁄2- to 5-year sentence at the State Correctional 

Institution (SCI) at Benner Township for drug-related charges (Original Sentence) 

when the Board granted him parole on March 17, 2017. See Certified Record (C.R.) 

at 4-6. The Board did not release him on parole until June 26, 2017. See C.R. at 7. 

At that time, McPhaul’s Original Sentence maximum release date was September 8, 

2020, thus, he had 3 years, 2 months, and 13 days (i.e., 1,170 days) remaining on his 

Original Sentence. See C.R. at 6, 68. 

As a condition of his parole, McPhaul consented to “refrain[ing] from 

owning or possessing any firearms . . . [,]” and agreed that if he was convicted of a 

crime while on parole, after a hearing, the Board could “recommit [him] to serve the 

balance of the sentence . . . [he] w[as] serving when paroled/reparoled, with no credit 

for time at liberty on parole.” C.R. at 8; see also C.R. at 11. McPhaul also agreed 

that his “[p]arole release [was] subject to detainers.” C.R. at 4. 

McPhaul remained at liberty on parole until November 11, 2019, when 

the Pennsylvania State Police arrested him in Delaware County for the following 

charges: persons not to possess/use/manufacture, control, sell, or transfer firearms; 

firearms not to be carried without a license; prohibited offensive weapon; possession 

of marijuana; and possession of drug paraphernalia (New Charges), and detained 

him in the Delaware County Prison. See C.R. at 13, 20-25. The Delaware County 

Common Pleas Court set McPhaul’s bail on the New Charges at $100,000.00/10%. 

See C.R. at 57. That same day, the Board issued a warrant to commit and detain 

McPhaul pending disposition of the New Charges. See C.R. at 12. 

On November 25, 2019, the Board issued a notice of charges and 

scheduled McPhaul’s detention hearing for December 2, 2019. See C.R. at 13. That 

same day, McPhaul waived his right to counsel and a detention hearing. See C.R. at 

2 McPhaul is currently incarcerated at SCI-Frackville. See 

inmatelocator.cor.pa.gov/#/Result (last visited May 22, 2023).
3

15, 26. By December 10, 2019 decision, the Board voted to detain McPhaul pending 

disposition of the New Charges. See C.R. at 25-31. On September 3, 2020, the 

Board cancelled its detainer effective September 8, 2020, because McPhaul’s 

Original Sentence expired. See C.R. at 32. On October 22, 2020, McPhaul posted 

bail on the New Charges. See C.R. at 57.

On August 30, 2021, McPhaul pled guilty to the New Charges of 

possession of a prohibited firearm for which he was sentenced to 111⁄2 months to 3 

years of incarceration followed by 7 years of probation, and possessing a firearm 

without a license for which he was sentenced to concurrent probation (New 

Sentence). See C.R. at 45, 57. The Delaware County Common Pleas Court ordered 

McPhaul to report to the Delaware County Prison on October 29, 2021. See C.R. at 

45. 

On November 3, 2021, the Board lodged a warrant to commit and 

detain McPhaul, declaring: “Although [McPhaul’s] [O]riginal [Sentence] maximum 

[release date] was [September 8, 2020], the maximum sentence is being extended

due to a new conviction. The new maximum sentence [release date] will be 

computed upon recording of the Board’s final action. [McPhaul] owes 

approximately 2 years, 4 months and 15 days.” C.R. at 33. On November 17, 2021, 

the Board received verification of McPhaul’s guilty plea. See C.R. at 42. On 

November 18, 2021, McPhaul was transferred to SCI-Smithfield. See C.R. at 56. 

On December 17, 2021, McPhaul was transferred to SCI-Frackville. See C.R. at 56. 

On January 18, 2022, the Board issued a notice of charges and 

scheduled McPhaul’s parole revocation hearing for January 28, 2022. See C.R. at 

37. That same day, McPhaul waived his right to counsel, admitted to the New 

Charges, and waived his right to a panel hearing. See C.R. at 38-40. 

By decision recorded January 31, 2022 (mailed February 2, 2022), the 

Board recommitted McPhaul to an SCI as a convicted parole violator (CPV) to serve 
4

18 months of backtime. See C.R. at 51, 72-73. The Board exercised its discretion 

to “[d]eny [McPhaul] credit for only the current period at liberty on parole” because 

his New Charges involved weapons possession. C.R. at 49; see also C.R. at 48, 73. 

The Board recalculated McPhaul’s Original Sentence maximum release date to April 

11, 2025. See C.R. at 72. 

On February 11, 2022, McPhaul, pro se, filed an Administrative 

Remedies Form, which the Board received on February 23, 2022, appealing from 

the Board’s decision and seeking administrative review. See C.R. at 74-77. 

McPhaul argued that the Board did not timely conduct his revocation hearing within 

120 days of his August 30, 2021 guilty plea, and the Board failed to grant him credit 

for the time from November 11, 2019 to September 8, 2020, and from October 29, 

2021 to January 27, 2022. See C.R. at 75-76. 

By March 4, 2022 letter, Kent D. Watkins, Esquire, entered his 

appearance for McPhaul. See C.R. at 78. By decision mailed June 30, 2022, the 

Board affirmed its decision recorded January 31, 2022 (mailed February 2, 2022), 

holding that when McPhaul waived his revocation hearing, he likewise waived his 

right to argue that it was not timely held, and the Board properly recalculated 

McPhaul’s Original Sentence maximum release date to April 11, 2025, by adding 

1,170 days to January 27, 2022. See C.R. at 80-82. McPhaul appealed to this Court.3

McPhaul argues that the Board erred by failing to give him credit for 

all time served exclusively on the Board’s warrants. Specifically, McPhaul claims 

that he was eligible to begin serving the backtime on his Original Sentence as of 

November 18, 2021, the minimum term of his New Sentence. “Adding 1,170 days 

3

“This Court’s ‘review over actions of the Board is limited to determining whether the 

decision was supported by substantial evidence, whether an error of law occurred or whether 

constitutional rights were violated.’ Ramos v. Pa. Bd. of Prob. [&] Parole, 954 A.2d 107, 109 n.1 

(Pa. Cmwlth. 2008).” Brown v. Pa. Bd. of Prob. & Parole, 184 A.3d 1021, 1023 n.5 (Pa. Cmwlth. 

2017).
5

to the date [he] was paroled to his backtime sentence results in a maximum sentence 

date of January 31, 2025[, thus McPhaul] should be given credit for an additional 70 

days toward his backtime sentence.” McPhaul Br. at 11-12.

Section 6138(a)(1) [of the Prisons and Parole] Code 

[(Parole Code)] provides that any parolee who, during the 

period of parole, commits a crime punishable by 

imprisonment and is convicted or found guilty of that 

crime may be recommitted as a [CPV]. [See] 61 Pa.C.S. 

§ 6138(a)(1). If the parolee is recommitted as a CPV, he 

must serve the remainder of the term that he would have 

been compelled to serve had parole not been granted (i.e., 

“backtime”), with no time for liberty on parole, unless the 

Board, in the exercise of its sole discretion, chooses to 

award credit. [See] Section 6138(a)(2), (2.1) of the 

[Parole] Code, 61 Pa.C.S. § 6138(a)(2), (2.1). If a new

state sentence is imposed, the parolee [paroled from an 

SCI and whose new sentence will be served in an SCI] 

must serve the balance of the original sentence prior to 

commencement of the new term. [See] Section 

6138(a)(5)(i) of the [Parole] Code, 61 Pa.C.S. § 

6138(a)(5)(i).

Hughes v. Pa. Bd. of Prob. & Parole, 179 A.3d 117, 120 (Pa. Cmwlth. 2018).

Moreover, 

the law is settled:

[i]f a defendant is being held in custody solely

because of a detainer lodged by the Board and has 

otherwise met the requirements for bail on the new

criminal charges, the time which he spent in 

custody shall be credited against his new sentence. 

If a defendant, however, remains incarcerated 

prior to trial because he has failed to satisfy bail 

requirements on the new criminal charges, then the 

time spent in custody shall be credited to his new

sentence.

Gaito v. P[a.] B[d.] of Prob[.] [&] Parole, . . . 412 A.2d 

568, 571 ([Pa.] 1980) (emphasis in original); Hammonds

v. P[a.] B[d.] of Prob[.] [&] Parole, 143 A.3d 994, 997 

(Pa. Cmwlth. 2016).
6

Hughes, 179 A.3d at 121. Finally, “[S]ection 6138(a)(5) [of the Parole Code] does 

not apply until the Board has revoked the reentrant.” White v. Pa. Parole Bd., 276 

A.3d 1247, 1253 (Pa. Cmwlth. 2022); see also Campbell v. Pa. Bd. of Prob. &

Parole, 409 A.2d 980 (Pa. Cmwlth. 1980).

When the Board paroled McPhaul on June 26, 2017, he had 1,170 days 

remaining to be served on his Original Sentence. The Board detained McPhaul on 

November 11, 2019, after his arrest on the New Charges. Because McPhaul had not 

satisfied the bail requirements on the New Charges, from November 11, 2019 until 

September 8, 2020, McPhaul was being held under the Board’s detainer and the 

New Charges. Pursuant to Section 6138(a)(5)(i) of the Parole Code and Gaito, that 

time had to be credited to McPhaul’s New Sentence rather than his Original 

Sentence.

In addition, McPhaul reported to the Delaware County Prison on 

October 29, 2021, and the Board lodged its detainer on November 3, 2021. McPhaul 

admitted to the New Charges and waived his right to a panel revocation hearing on 

January 18, 2022. However, McPhaul was not available to serve the backtime on 

his Original Sentence until the Board revoked his parole on January 27, 2022.

4

 See 

White; see also Campbell. Adding 1,170 days to McPhaul’s January 27, 2022 

availability date, results in a recalculated Original Sentence maximum release date 

of April 11, 2025. Accordingly, the Board properly credited McPhaul’s Original 

Sentence and recalculated his new maximum release date to April 11, 2025.

Based on the foregoing, the Board’s order is affirmed.

_________________________________

ANNE E. COVEY, Judge

4 McPhaul does not provide any support for his claim that he was eligible to begin serving 

the backtime on his Original Sentence as of November 18, 2021, when he had served the minimum 

term of his New Sentence.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Randell McPhaul, :

Petitioner :

:

v. :

:

Pennsylvania Parole Board, : No. 741 C.D. 2022

Respondent :

O R D E R

AND NOW, this 23rd day of May, 2023, the Pennsylvania Parole 

Board’s June 30, 2022 order is affirmed.

_________________________________

ANNE E. COVEY, Judge