State v. Roy

Defendant pleaded guilty to first-degree sexual conduct. Defendant’s sentence consisted of a term of imprisonment, a supervised-release term, and a conditional-release term. After Defendant was released from prison on supervised release, a hearing officer found that Defendant had violated the terms of his supervised release, revoked his supervised release, and ordered him returned to prison. The Department of Corrections (DOC) later informed Defendant that it had recalculated the projected expiration date of his conditional-release term in light of two recent decisions from the court of appeals. Defendant filed a habeas petition alleging that the DOC’s new method for calculating the expiration date of his conditional-release term was illegal because it did not give him credit for the time he had spent in prison after the DOC had revoked his supervised release. Defendant was subsequently released into the community. Thereafter, the district court denied Defendant’s petition for writ of habeas corpus. The Supreme Court affirmed, holding that an inmate is not entitled to credit against a conditional-release term for any time the inmate spends in prison after the DOC has revoked the inmate’s supervised release. View "State v. Roy" on Justia Law