In the Matter of the Personal Restraint of: Shannon Bruce Morley
37956-6
| Wash. Ct. App. | Mar 22, 2022Background
- Morley had DOSA sentences from 2011; he later committed additional offenses and was sentenced in Douglas County in 2013; the DOSA violation was not adjudicated at that time.
- After state confinement he served federal time and was released to a federal residential reentry center (halfway house) on January 11, 2018; he notified his DOC community corrections officer (CCO) and federal supervision ran to January 10, 2019.
- DOC discovered the unadjudicated DOSA violation, asked federal probation to notify it on discharge, and was informed Morley was discharged from the reentry center on February 21, 2018 for a positive methamphetamine test; DOC ordered Morley to report on February 22, 2018 but he did not.
- Morley was arrested on a DOC warrant March 1, 2018; DOC used that arrest date as the start of remaining DOSA confinement after revocation. Morley’s earned release date was set at May 22, 2022, and he filed a PRP on January 19, 2021 seeking credit for January 11–March 1, 2018.
- Before the court acted, DOC reviewed and credited January 11–February 21, 2018 but denied credit for February 22–March 1, 2018, citing tolling for absconding under RCW 9.94A.171(2); DOC recalculated release to April 4, 2022. Morley did not file a reply to DOC’s response.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must DOC credit community custody Jan 11–Feb 21, 2018? | Morley: he was on federal supervision and compliant; should receive credit. | DOC: conceded he complied and already credited that period. | Dismissed as moot — DOC already credited it. |
| Must DOC credit community custody Feb 22–Mar 1, 2018? | Morley: continued federal supervision means he should get credit for entire Jan 11–Mar 1, 2018 period. | DOC: tolling applies because Morley absented himself (failed to report) between Feb 22 and Mar 1; no credit. | Denied — court upheld DOC’s tolling determination and refused credit for Feb 22–Mar 1. |
Key Cases Cited
- In re Pers. Restraint of Dalluge, 162 Wn.2d 814 (2008) (PRP standard; petitioner must show unlawful restraint)
- In re Pers. Restraint of Costello, 131 Wn. App. 828 (2006) (DOC denial of credit can produce unlawful restraint)
- State v. McClinton, 186 Wn. App. 826 (2015) (sentencing governed by SRA version effective when offense occurred)
- State v. Medina, 180 Wn.2d 282 (2014) (same principle regarding applicable SRA version)
- In re Pers. Restraint of Albritton, 143 Wn. App. 584 (2008) (tolling presumed to begin on date offender fails to report)