| Oct 31, 1989 | LETTER TO PAROLE BOARD (J. RICE) | T1 |
Dear Sir,
I have what I consider an illegal sentence of 3 years minimum - 4 years maximum, which I have tried without success to have corrected.
I have been unable to locate such a statute and am inquiring whether you are aware of any such statute, directive, etc?
Although it is too late for me to benefit in the way of earlier release, I am scheduled to see the Parole Board on the 14th of November, and I would like this matter properly understood at that time. Your time and assistance in this matter are greatly appreciated.
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| 12/01/89 | BOARD DECISION | T2 |
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Notice of Board Decision PBPP-15(7/81).
PENNA. BOARD OF PROBATION AND PAROLE DATE: 120189
AS RECORDED ON 111489 THE BOARD OF PROBATION AND PAROLE RENDERED THE FOLLOWING DECISION IN YOUR CASE:
CONTINUE PENDING COMPETION (sic) OF LEVEL III DRUG AND ALCOHOL PROGRAM
(CG 12-1-89)
HERMANN TARTLER
BOARD SECRETARY
GARY D. LAUFFENBERGER AJ0476
16630 |
| Jan 3, 1990 | FROM Carl Gilbert | T3 |
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COMMONWEALTH OF PENNSYLVANIA
__________________________________________________ Board of Probation and Parole
January 3, 1990
Gary D. Lauffenberger(AJ-0476)
Dear Mr. Lauffenberger:
This will acknowledge receipt of your letter dated
FOR THE BOARD
_____________________
Carl Gilbert
CC/daf
cc: Mrs. Jackson, SCICS
re: Parole No. 7870K
Accredited by the Commission on Accreditation for Corrections/American Correctional Association
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| Jan 9, 1990 | TO Chairman Jacobs | T4 |
Dear Mr. Jacobs,
The Parole Board has improperly denied my right to apply for parole for the past year.
Enclosed are copies of my requests to Ms. Jackson (A,B,C), attempting to resolve this matter, and
my letter of October 31, 1989, to Mr. Rice (D), and
Mr. Gilbert's response (D2).
Mr. Gilbert also seems unaware of this statute
(61 P.S.A. 316),
enclosed (E), and also misses my point.
I repeat that I am not (here) contesting the minimum/maximum dates,
nor the legality or illegality of my sentence.
Title 42 PA. C.S. 9756 (b), and 303.1.(i) 204 Pa. Code of the Guidelines address this matter, of which I am advising the Pa. Dept. of Correstions, (See my
concurrent letter to Mr. Owens).
As you can see, this statute
(61 Pa. C.S. 316),
does not address such issues, nor any "adjustment" of my sentence.
It simply states that a prisoner with such a sentence is elegible for parole at one-half of his maximum sentence.
Thus it is clear that both the Dept. of Corrections and the Parole Board have erred, resulting in an improper denial of my right to apply for parole.
Please note that BOTH of these extraordinary "errors" were required in order to achieve this result, and was accomplished in spite of my best efforts to the contrary.
I therefore consider this situation to be the result of either gross negligence, or a deliberate, malicious, and collusive intent to deny my right of due process.
The Board has now decided (12-1-89) to "continue pending competion of level III drug and alcohol program," (sic) I am enclosing copies of my requests for programs (G,H,I), which you will note go back to August of 1988, my admission to which was obviously delayed due to the errors as to my minimum eligibility date. Also enclosed(J,K,L) are copies of Certificates of completion of levels I and II. Please note that these were completed 4 - 6 months AFTER my actual minimum date.
Under these circumstances I believe the requirement of level III is unreasonable, and request that the Board reconsider such requirement. Thank you.
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| Mar 2, 1990 | FROM Herman Tartler | T5 |
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COMMONWEALTH OF PENNSYLVANIA
__________________________________________________ Board of Probation and Parole
March 2, 1990
Gary D. Lauffenberger(AJ-0476)
Dear Mr.. Lauffenberger:
This will acknowledge your letter received here
recently.
The Board reviewed your request and made no change in their action and continue your case pending upon completion of level 3 Drug and Alcohol programs.
FOR THE BOARD
_____________________
Herman Tartler
HT/djh
Accredited by the Commission on Accreditation for Corrections/American Correctional Association
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| June 25, 1990 | BOARD DECISION | T6 |
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Notice of Board Decision PBPP-15(7/81).
PENNA. BOARD OF PROBATION AND PAROLE DATE: 062590
AS RECORDED ON 052290 THE BOARD OF PROBATION AND PAROLE RENDERED THE FOLLOWING DECISION IN YOUR CASE: REFUSE FAILURE TO PARTICIPATE IN AND BENEFIT FROM A TREATMENT PROGRAM FOR SUBSTANCE ABUSE, LEVEL III. UNFAVORABLE DEPARTMENT OF CORRECTIONS RECONSIDERATION. BOARD FEELS YOU SHOULD SERVE UNEXPIRED TERM - 1-15-91. (CG 6-25-90)
HERMANN TARTLER BOARD SECRETARY CLIENT COPY
GARY D. LAUFFENBERGER AJ0476
16630 |