State v. Ward, 847 N.W.2d 29

Ward was convicted of second-degree criminal sexual conduct for a 1994 offense and, in 1996, sentenced to 34 months with execution stayed for 10 years and probation.
Ward disappeared in 1996; probation was revoked in 2010, and his sentence was executed with 22 2/3 months in prison and 11 1/3 months on supervised release, plus a mandatory 10-year conditional-release period.
Because Ward could not secure approved housing, his supervised release was revoked shortly after it began, and he remained in prison for the remainder of his executed sentence.
When his executed sentence ended, DOC was required to place him on conditional release for ten years minus time served on supervised release, but he had not served any time on supervised release due to revocation.
DOC adjusted the end date of the conditional-release term by adding 11 1/3 months that Ward was sentenced to serve on supervised release but spent in prison.
Ward moved to correct his sentence, arguing he should receive credit for time served on supervised release; the district court reduced the conditional-release term accordingly, prompting the State’s appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether time served on supervised release, when revoked and the offender remains imprisoned, should reduce the conditional-release term.	State argues the time should be deducted per § 609.346, subd. 5(a).	Ward contends no deduction when the offender is back in prison after revocation; time is not served on supervised release.	No reduction; conditional release not decreased by time spent in custody after revocation.

State v. Koperski, 611 N.W.2d 569 (Minn.App.2000) (concurrent service of conditional release with longer sentence; starts while in prison)
Weaver v. Graham, 450 U.S. 24 (U.S. Supreme Court, 1981) (ex post facto concerns in punishment timing)
Miller v. State, 714 N.W.2d 745 (Minn.App.2006) (statutory interpretation framework for sentencing terms)