People of Michigan v. Steven Loy Lockwood
353011
| Mich. Ct. App. | Apr 21, 2022Background
- Defendant, a paroled prisoner, tampered with his electronic monitoring tether on July 9, 2018 and was arrested on July 24, 2018.
- MDOC charged him with a parole violation and there is a document purporting to be a parole detainer dated August 6, 2018; defendant also served in an IDRP sanction and was discharged in early September 2018.
- A felony complaint for tampering with an electronic monitoring device (with habitual-offender notice) was authorized August 7, 2018; bond was set and defendant posted bond on roughly September 5, 2018, then was returned to custody after a preliminary exam on October 2, 2018.
- Defendant remained (except for one inadvertent one-day release) incarcerated from early October 2018 until sentencing on July 12, 2019. The trial court refused jail credit for pre-sentence time, reasoning parole status barred credit.
- On appeal, the Court of Appeals held Michigan Supreme Court precedent in People v Allen controls and that parolee status is not a categorical bar to jail credit; entitlement depends on whether detention was caused by a parole detainer/warrant or by inability to post bond.
- The Court vacated the sentence and remanded for an expedited evidentiary hearing to determine how much pre-sentence incarceration was due to inability to furnish bond (which would require jail credit) and to resentence accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a parolee is categorically ineligible for pre‑sentence jail credit | Parolee not entitled to credit for time held after arrest for new offense while on parole | Parolee is entitled to credit for time detained pre‑sentence when detention is due to inability to post bond | Not categorical. Allen controls: entitlement ends when detention for parole violation begins; otherwise defendant may get credit. |
| Whether Lockwood is entitled to jail credit for time between July 24, 2018 and July 12, 2019 | Time in jail was due to parole detainer/warrant, so no credit | Much of the incarceration resulted from inability to post bond, so credit is owed | Facts unresolved on record; sentence vacated and case remanded for evidentiary hearing to quantify bond‑related detention and apply appropriate jail credit, then resentence. |
Key Cases Cited
- People v Allen, 507 Mich 597 (establishes framework: jail credit ends when detention for parole violation begins; distinguishes MCL 791.238 warrant and MCL 791.239 detainer)
- People v Idziak, 484 Mich 549 (paroled prisoner remains in MDOC custody and is serving sentence while on parole)
- People v Holder, 483 Mich 168 (paroled prisoner remains under MDOC control and may be arrested/returned upon violation)
- People v Armisted, 295 Mich App 32 (question of entitlement to jail credit is reviewed de novo)
- People v Moore, 468 Mich 573 (trial court’s factual understanding of law is a question of fact; correctness reviewed de novo)