HARRISBURG - Scott J. Binsack must spend six months in jail and undergo mental health treatment after the Pennsylvania Board of Probation and Parole (PBPP) determined the Shamokin man violated parole.
In a ruling announced Friday, PBPP also said Binsack must report to a community corrections residency for an undetermined amount of time after he completes his "six months back time" on or after May 5.
The parole board held a violation hearing with Binsack Dec. 13 at State Correctional Institution-Rockview, Bellefonte, where Binsack is already incarcerated after being accused of violating parole. The board's two-page decision this week said Binsack committed three parole violations: leaving the district
without permission, changing residence without permission and failing to report as instructed.
Absconder
Binsack, a former homebuilder, became a household name in the Shamokin area in a matter of months starting in August when he presented a $13 million investment plan to city council. When his criminal history dating to 1999 from New York state and Lackawanna and Monroe counties became public, his involvement in the financial undertaking, which centered on renovation and construction of local homes and businesses, drew the attention of Pennsylvania securities officials.
Binsack is limited in what financial dealings he can partake in as part of his parole from theft and bad check charges in Monroe County. A violation of parole could have sent Binsack back to prison to serve out his maximum sentence from those offenses, which would have been until May 29, 2014.
In late October, Binsack failed to show up for a scheduled meeting with a PBPP hearing officer and fled the state. Binsack, who continued to post taunting messages to law enforcement on the Internet while on the lam, was considered a parole absconder for a month before he was found Nov. 20 by U.S. Marshals in a motel room in Bath, N.Y., a location he called "Narnia" in his online posts.
The fact that he was no longer living in Shamokin, even though he hadn't established another formal address, constituted the change of residence violation, said Leo Dunn, PBPP spokesman.
The parole district to which Binsack was confined includes Bradford, Centre, Clinton, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union counties, Dunn said.
Mental health evaluation
PBPP ordered Binsack to be evaluated for mental health and participate in any treatment determined appropriate while at Rockview. Outpatient mental health treatment is a special condition of his parole supervision "until the treatment source and/or parole supervision staff determines it is no longer necessary," the report says.
Any problems at the prison or residency could result in another parole violation.
Binsack also cannot possess controlled substances, alcohol, drug paraphernalia or ammunition; cannot have checking, savings or credit card accounts in his or another's name unless approved in advance; and cannot establish or become a sole proprietor of any business nor be a partner in any such endeavor.
Binsack has 30 days to appeal.
Chief: No comment
Shamokin Police Chief Ed Griffiths declined comment Friday about the PBPP ruling against Binsack, noting that he is among the defendants in a lawsuit filed by Binsack's lawyer the same day he was apprehended in New York.
Two city councilmen, the city clerk and two PBPP employees are also named in the suit, in which Binsack says his constitutional rights to free speech, assembly, due process and liberty had been violated, that his ability to develop real estate opportunities was "seriously damaged," that his "good name, reputation, honor and integrity" were injured, and that he has suffered emotional distress.
Largely in response to Binsack's offenses prior to him moving to Shamokin, a Scranton area legislator proposed the Home Improvement Consumer Protection Act, which was signed into law by Gov. Ed Rendell in 2008.
'Smokin' in Shamokin'
This summer and fall in Shamokin, Binsack responded to the negative publicity of his past by starting the "Something's Smokin in Shamokin" Facebook page and website, on which he posted videos critical of local officials and police. His campaign to root out corruption in the area piqued the curiosity of local social media users and others. He had some supporters, but many people were offended by his tactics and concerned about his reputation.
The Internet activity built up to the release of two hour-long episodes of "Something's Smokin in Shamokin," which Binsack billed as a "reality TV show."
Meanwhile, PBPP began to monitor the mounting tension between Binsack and local officials.
When Binsack fled, he said online he did so because he feared for his life, and that he was being set up for a parole violation even though his business plan was legitimate and he had received approval from PBPP for some of his financial activities.