In Re King

49 P.3d 854
CourtWashington Supreme Court
DecidedJuly 3, 2002
Docket70595-0
StatusPublished
Cited by2 cases

This text of 49 P.3d 854 (In Re King) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re King, 49 P.3d 854 (Wash. 2002).

Opinion

49 P.3d 854 (2002)
146 Wash.2d 658

In re the Personal Restraint Petition of David L. KING, Petitioner.

No. 70595-0.

Supreme Court of Washington, En Banc.

Argued September 6, 2001.
Decided July 3, 2002.

*855 Sheryl McCloud, Seattle, David L. King, Walla Walla, for Petitioner/Appellant.

Christine McGregor, Attorney General, Donna Mullen, Asst. Attorney General, Olympia, for Appellee/Respondent.

JOHNSON, J.

This personal restraint petition (PRP) requires us to determine whether the Washington State Department of Corrections (Department) properly implemented the legislative mandates of former RCW 9.94A.150(1) (1996) (now codified at RCW 9.94A.728(1) (Laws of 2001, ch. 10, § 6)). Because we hold it has not, we must also determine whether any reasonable application of former RCW 9.94A.150(1) would give full effect to the statute. We hold there is such an interpretation and, further, the Department must structure its policies in accordance with this interpretation. Finally, we hold the 1995 amendment to former RCW 9.94A.150(1) (1992), a part of the codification of the "Hard Time for Armed Crime" initiative,[1] does not violate article II, section 37 of the Washington State Constitution.

FACTS

In 1997, a Snohomish County jury found David L. King guilty of first degree robbery (count I), first degree assault (count II), and unlawful possession of a firearm (count III). The jury also specifically found King employed a firearm in counts I and II.

On October 16, 1997, the court sentenced King to 190 months of imprisonment for count II concurrent with a 54-month sentence for count III (standard time). The court merged counts I and II for offender score purposes. The court also imposed a 60-month sentence enhancement (enhancement time) for count II because King employed a firearm in the assault. The court ordered the enhancement time to run consecutive to the other sentences.

The Department took custody of King on October 21, 1997. The Snohomish County Corrections Department certified "57 days of earned early release time to the Department of Corrections. This amount of time is based on conduct and performance while a prisoner held 287 days in custody. The total amount of pre and post convicted time and earned early release time credit is 344 days." Suppl. Resp. of Dep't of Corr. app. 3. The Department applied the 287 days of presentence detention time against King's enhancement time, which it calculated as having begun when King's presentence detention began.

In his PRP, King argues he "was entitled to one third of his good-time credit but did not recieve [sic] it from the county where he was initially sentenced,"[2] PRP at 31. The Court of Appeals asked the Department to respond to the contention King was improperly denied credit for the time he spent in jail. The Department answered that King could not receive any good time credits or earned early release time for the portion of his sentence that resulted from any deadly weapon enhancements. See former RCW 9.94A.150(1). The Department runs enhancement time before standard time because "[i]f the Department ran the [standard *856 time] first ..., an offender would have no incentive to behave appropriate [sic] during the [enhancement time]." Resp. of Dep't of Corr. at 7. According to the Department, when an offender who has served time in presentence detention receives an enhanced sentence, the Department applies the already served presentence detention time against the enhanced sentence time. This post hoc recharacterization effectively converts presentence detention time into enhanced time.

The Court of Appeals denied King's PRP, and he sought discretionary review. Supreme Court Commissioner Geoff Crooks queried whether the certified 57 days of earned yearly release time earned in presentence detention simply disappeared and directed the Department to respond. The Department replied that King lost the 57 days of early release time he earned in presentence detention because "[t]here is simply no statutory right to earned early release time during the mandatory portion of the sentence." Suppl. Br. of Dep't of Corr. at 3. King sought and this court granted discretionary review of this issue.

ANALYSIS

The Department created the conflict in this case by crediting King's presentence detention time against his enhancement time. Because the effect of this policy is to recharacterize presentence detention time as enhancement time, we hold the policy conflicts with the mandates of former RCW 9.94A.150(1) (1996):

No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements ... shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements.

(Emphasis added.)

The Department argues the statute is clear, mandatory, and unambiguous. Under the Department's reading, "[i]nsofar as the statute addresses programs relating to presentence incarceration, its ... purpose is to ensure that persons otherwise entitled to earned or good time are not deprived of that benefit." Suppl. Resp. of Dep't of Corr. at 7. The problem with this argument is it ignores part of the language of the statute the Department claims is unambiguous.

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Bluebook (online)
49 P.3d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-king-wash-2002.