944 N.W.2d 433
Mich. Ct. App.2019Background:
- Defendant Erick Rosean Allen was a parolee arrested for a new offense while on parole.
- The MDOC did not immediately place a parole detainer; the district court released Allen on personal recognizance to attend a drug program.
- After missed court dates Allen was rearrested and spent 15 days in jail because he could not post bond; he later posted bond, was released, then rearrested and a parole detainer was placed the same day and remained until sentencing.
- MCL 769.11b requires credit against a sentence for time served in jail prior to sentencing "because of being denied or unable to furnish bond" for the offense of conviction.
- The prosecution conceded Allen was entitled to 17 days of jail credit for time before any parole detainer existed but argued time after a detainer is not creditable.
- The concurrence agrees with the majority that People v. Idziak precludes applying MCL 769.11b to parolees, but analyzes whether pre-detainer custody is creditable under the statute.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 769.11b applies to parolees generally | People: Parolees are not entitled to credit because they resume serving prior sentence; custody is for parole, not bond | Allen: Entitled to credit for time jailed pre-sentencing because he was denied or unable to furnish bond for the new offense | Court: Idziak controls — MCL 769.11b does not apply to parolees |
| Whether defendant is entitled to jail credit for time jailed solely because he could not post bond before any parole detainer | Prosecution: Conceded 17 days credit for pre-detainer custody only | Allen: Sought credit for all pre-sentencing time, arguing custody was due to inability to post bond | Concurrence: Plain statutory language supports pre-detainer credit; but majority/Idziak bars applying MCL 769.11b to parolees beyond prosecution’s concession |
| Whether timing of MDOC parole detainer affects creditability | Prosecution: Time after a parole detainer is placed is not creditable under MCL 769.11b because custody is for parole return | Allen: Detainer timing should not negate credit for custody attributable to inability to post bond | Held: Custody after a detainer is treated as parole custody (not bond-related) and is not creditable under Idziak; pre-detainer days may be creditable as conceded |
Key Cases Cited
- People v. Idziak, 484 Mich. 549 (2009) (holding the jail-credit statute does not apply to parolees because post-arrest custody resumes the prior sentence)
- People v. Barrera, 278 Mich. App. 730 (2008) (statutory interpretation principle: apply plain and unambiguous statutory language)