878 N.W.2d 341
Minn. Ct. App.2016Background
- Pollard was convicted of criminal sexual conduct and given a 28-month executed sentence plus a ten-year conditional-release term; the 28-month term was ordered concurrent with an earlier 60-month robbery sentence, and DOC credited him with time served.
- DOC treated Pollard as serving the 28-month sentence in custody (April 28, 2008–Aug 17, 2010) and began his ten-year conditional-release term the day after that executed sentence expired, setting expiration Aug 17, 2020.
- Pollard petitioned for a writ of habeas corpus, arguing DOC should deduct the one-third ‘‘supervised-release’’ portion of his executed sentence from the ten-year conditional-release term because he served that portion while incarcerated.
- The district court denied relief, concluding that time spent in prison while within the ‘‘maximum supervised release’’ portion of the executed sentence is not time ‘‘served on supervised release’’ under Minn. Stat. § 609.3455, subd. 6.
- On appeal, the court examined statutory text, chapter 244 provisions, DOC rules, legislative amendments (2013), and prior case law to determine whether ‘‘served on supervised release’’ includes in-prison time served during the final one-third of a sentence.
Issues
| Issue | Pollard's Argument | Roy/DOC's Argument | Held |
|---|---|---|---|
| Whether an offender is entitled to credit against a ten-year conditional-release term for time spent in prison that corresponds to the final one-third (maximum supervised-release portion) of the executed sentence | Pollard: The conditional-release term must be reduced by the supervised-release portion even if that portion was served in prison while on a concurrent sentence (relying on Koperski); he never had disciplinary confinement or revocation, so he effectively served supervised release | DOC: ‘‘Served on supervised release’’ means time actually spent on supervised release in the community after release from prison; in-prison time during the executed sentence is not creditable against conditional release | The court affirmed: ‘‘served on supervised release’’ means time after actual release into the community; time served in prison during the supervised-release portion is not credited against the conditional-release term |
Key Cases Cited
- State v. Koperski, 611 N.W.2d 569 (Minn. App. 2000) (held conditional-release runs concurrently with supervised release even if portion is served in prison)
- State v. Wukawitz, 662 N.W.2d 517 (Minn. 2003) (conditional-release term cannot begin prior to release from prison and is a fixed term)
- State ex rel. Peterson v. Fabian, 784 N.W.2d 843 (Minn. App. 2010) (interpreted conditional-release language as directing credit only for time actually spent on supervised release)
- State v. Ward, 847 N.W.2d 29 (Minn. App. 2014) (purpose of supervised and conditional release is continuous post-release supervision of sex offenders)
- State v. Enger, 539 N.W.2d 259 (Minn. App. 1995) (earlier holding reducing conditional release by supervised-release time)
- Frieler v. Carlson Mktg. Grp., 751 N.W.2d 558 (Minn. 2008) (agency statutory interpretations are entitled to deference when administering statute)
- State v. Schnagl, 859 N.W.2d 297 (Minn. 2015) (habeas review is an appropriate route for challenging DOC administrative sentencing decisions)