IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Santos Dellior, Jr., :

Petitioner :

:

v. :

:

Pennsylvania Board of :

Probation and Parole, : No. 183 C.D. 2016

Respondent : Submitted: September 23, 2016

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge

HONORABLE ANNE E. COVEY, Judge

HONORABLE JOSEPH M. COSGROVE, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY 

JUDGE COVEY FILED: December 6, 2016

Santos Dellior, Jr. (Dellior) petitions this Court for review of the 

Pennsylvania Board of Probation and Parole’s (Board) January 8, 2016 order denying 

his request for administrative relief. Essentially, Dellior presents one issue for this 

Court’s review: whether the Board properly calculated his new maximum sentence 

release date as October 23, 2017.1 After review, we affirm.

Dellior is currently an inmate at State Correctional Institution-Mahanoy

(SCI-Mahanoy). On September 4, 2008, the Board paroled Dellior from a 3 to 6-year

sentence for manufacturing/sale/delivery or possession with intent to deliver a 

controlled substance (Original Sentence). At that time, his maximum sentence date 

 

1

In his “Questions Presented” and “Argument” sections of his brief, Dellior also presented 

the issue of whether the Board failed to exercise reasonable diligence in sanctioning him in a speedy 

manner. Dellior Br. at 4, 12-13. However, because Dellior did not raise that issue to the Board, it is 

waived. Reavis v. Pa. Bd. of Prob. & Parole, 909 A.2d 28 (Pa. Cmwlth. 2006). 
2

was April 7, 2011. Before his December 10, 2008 release on parole, Dellior agreed 

to conditions governing his parole, including:

If you are convicted of a crime committed while on parole 

/reparole, the Board has the authority, after an appropriate 

hearing, to recommit you to serve the balance of the 

sentence or sentences which you were serving when 

paroled/reparoled, with no credit for time at liberty on

parole.

Certified Record (C.R.) at 12.

On March 26, 2011, the Upper Moreland Police Department arrested 

Dellior on drug, forgery, identity theft and child welfare endangerment charges. On 

March 27, 2011, the Montgomery County Common Pleas Court (trial court) set bail 

for $25,000.00 which Dellior did not post and, thus, remained incarcerated. On 

March 28, 2011, the Board lodged a warrant to commit and detain Dellior based on 

the new charges. Dellior posted bail on April 4, 2011, and the Board lifted its 

detainer on April 7, 2011 (Dellior’s Original Sentence maximum release date).

On August 8, 2013, Dellior pled guilty to the March 26, 2011 drug 

charge. On September 4, 2013, the Board re-lodged its warrant to commit and detain 

Dellior. On September 12, 2013, the Board provided Dellior with a notice of charges 

and notice of the Board’s intent to hold a parole revocation hearing. On September 

17, 2013, the Board held the revocation hearing at the Philadelphia County prison, at 

which Dellior was represented by counsel, and he admitted to his Montgomery

County conviction. On September 18, 2013, the trial court revoked Dellior’s bail. 

Dellior was transferred to SCI-Mahanoy on October 3, 2013. On September 19, 

2013, the Board Hearing Examiner voted and, on October 14, 2013, the Board 

Member voted to recommit Dellior as a convicted parole violator (CPV), and to deny 

him credit for time he spent at liberty on parole. By decision recorded October 17, 
3

2013 (mailed October 31, 2013), the Board formally recommitted Dellior as a CPV, 

when available, pending his Montgomery County sentencing. 

By July 30, 2014 decision, the Board recommitted Dellior as a CPV to 

serve 12 months backtime. On September 5, 2014, the trial court sentenced Dellior to 

111⁄2 to 23 months in county prison, although Dellior remained in the Department of 

Corrections’ custody. By decision recorded August 11, 2015 (mailing date 

unknown), the Board modified its July 30, 2014 decision by placing Dellior into 

“when available” status, pending his parole from or completion of his Montgomery 

County sentence. On August 20, 2015,2 Dellior was paroled from his Montgomery 

County sentence. By September 30, 2015 recommitment order, based on his August 

20, 2015 parole, the Board recalculated Dellior’s Original Sentence maximum release 

date to October 23, 2017.

The Board calculated Dellior’s new maximum sentence release date as

follows. When Dellior was released on parole on December 10, 2008, his maximum 

sentence release date was April 7, 2011 and, thus, he owed 848 days of backtime 

toward his Original Sentence. The Board provided Dellior with 73 days of backtime 

credit. Specifically, Dellior received 3 days of credit for the period of April 4, 2011 

(when he posted bail) to April 7, 2011 (when the Board lifted its detainer). Dellior 

also received 70 days of credit for the period of July 1, 2015 (the date he completed 

his Montgomery County sentence) to September 9, 2015 (the date he was released on 

parole because he reached the Montgomery County maximum release date).3

Notwithstanding the effective date of Dellior’s Montgomery County sentence, Dellior 

completed his Montgomery County sentence before his parole date due to his presentence incarceration. Accordingly, all time Dellior spent incarcerated after he 

 

2 Although Dellior’s “parole” date was August 20, 2015, his parole “release” date was 

September 9, 2015. Thus, September 9, 2015, is the date used for credit calculation purposes.

3 Although Dellior was paroled from his Montgomery County sentence, he remained 

incarcerated due to his Original Sentence.
4

completed his Montgomery County sentence must be credited to his Original 

Sentence. Crediting 73 days against 848 days of backtime resulted in Dellior owing 

775 days toward his Original Sentence. Dellior became available to begin serving 

the backtime on his Original Sentence when he was released on parole on September 

9, 2015. Adding 775 days to September 9, 2015 resulted in Dellior’s new October 

23, 2017 Original Sentence maximum release date. 

On November 5, 2015, Dellior, pro se, submitted an Administrative 

Remedies Form challenging the Board’s decision recorded September 30, 2015 

(mailed October 16, 2015), which formally recommitted Dellior as a CPV. On 

January 8, 2016, the Board denied Dellior’s request for administrative relief. Dellior 

appealed to this Court.4

Dellior argues that the Board miscalculated his new maximum sentence 

release date as October 23, 2017. Specifically, Dellior contends that he has been 

incarcerated from August 8, 2013 to September 9, 2015, for a total of 763 days. 

Dellior claims that because the effective date of his Montgomery County sentence

was September 5, 2014, and he was paroled from that sentence on September 9, 2015, 

only 369 days should be deducted from his time served on his Original Sentence for 

his Montgomery County sentence. Thus, Dellior maintains he is entitled to 394 days 

accreditation, not 73 days. We disagree.

Dellior was arrested on the Montgomery County charges on March 26, 

2011. See C.R. at 51. The trial court set bail on March 27, 2011. See C.R. at 35. 

The Board lodged its detainer on March 28, 2011. See C.R. at 70. Dellior posted bail 

on April 4, 2011. See C.R. at 50. “[W]here an offender is incarcerated on both a 

 

4

“Our scope of review of the Board’s decision 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

Board detainer and new criminal charges, all time spent in confinement must be 

credited to either the new sentence or the original sentence.” Martin v. Pa. Bd. of 

Prob. & Parole, 840 A.2d 299, 309 (Pa. 2003) (emphasis added). 

Further,

[our] Supreme Court held that ‘time spent in custody 

pursuant to a detainer warrant shall be credited to a 

convicted parole violator’s original term . . . only when the 

parolee was eligible for and had satisfied bail 

requirements for the new offense and thus remained 

incarcerated only by reason of the detainer warrant 

lodged against him.’ Gaito [v. Pa. Bd. of Prob. & Parole],

. . . 412 A.2d [568,] 571 [(Pa. 1980)] (quoting Rodriques v. 

[Pa.] [Bd.] of Prob[.] [&] Parole, . . . 403 A.2d 184, 185–86 

([Pa. Cmwlth.] 1979)) (emphasis added). 

Armbruster v. Pa. Bd. of Prob. & Parole, 919 A.2d 348, 352 (Pa. Cmwlth. 2007)

(bold emphasis added). Thus, because Dellior did not post bail until April 4, 2011, 

the time he spent incarcerated between March 27, 2011 and April 4, 2011, must be 

credited to Dellior’s Montgomery County sentence. Moreover, Section 9760 of the 

Judicial Code provides, in pertinent part:

After reviewing the information submitted under [S]ection 

9737 [of the Judicial Code] (relating to report of 

outstanding charges and sentences) the court shall give 

credit as follows:

(1) Credit against the maximum term and any minimum 

term shall be given to the defendant for all time spent in 

custody as a result of the criminal charge for which a prison 

sentence is imposed or as a result of the conduct on which 

such a charge is based. Credit shall include credit for 

time spent in custody prior to trial, during trial, pending 

sentence, and pending the resolution of an appeal.

42 Pa.C.S. § 9760 (emphasis added). 

Because the Board lifted its detainer on April 7, 2011, Dellior’s Original 

Sentence maximum date, see C.R. at 11, any time Dellior spent incarcerated 
6

thereafter was credited to his Montgomery County sentence. Therefore, although 

Dellior’s Montgomery County sentence was effective September 5, 2014, and he was 

paroled therefrom on September 9, 2015, he completed his Montgomery County 

sentence on July 1, 2015 due to his pre-sentence incarceration. See C.R. at 146-147. 

Accordingly, after attributing the correct credit for time served on Dellior’s 

Montgomery County sentence, the balance was properly credited to his Original 

Sentence, i.e., 73 days.

For all of the above reasons, the Board’s order is affirmed.

___________________________

ANNE E. COVEY, Judge
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Santos Dellior, Jr., :

Petitioner :

:

v. :

:

Pennsylvania Board of :

Probation and Parole, : No. 183 C.D. 2016

Respondent :

O R D E R

AND NOW, this 6

th day of December, 2016, the Pennsylvania Board of 

Probation and Parole’s January 8, 2016 order is affirmed.

___________________________

ANNE E. COVEY, Judge