In re the Postsentence Review of Cage

326 P.3d 805, 181 Wash. App. 588
CourtCourt of Appeals of Washington
DecidedJune 3, 2014
DocketNo. 31848-6-III
StatusPublished
Cited by6 cases

This text of 326 P.3d 805 (In re the Postsentence Review of Cage) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Postsentence Review of Cage, 326 P.3d 805, 181 Wash. App. 588 (Wash. Ct. App. 2014).

Opinion

Lawrence-Berrey, J.

¶1 The trial court granted Shundrae Cage a postsentence furlough for a medical emergency. The Washington State Department of Corrections (DOC) filed an emergency motion to vacate the furlough, arguing that only DOC has authority to grant furloughs. The trial court denied the motion, concluding DOC’s authority to grant furloughs is not exclusive. In this postsentence review, DOC contends the trial court lacked the authority to grant a furlough. We agree with DOC and therefore reverse.

FACTS

¶2 Shundrae Cage was convicted of second degree assault — domestic violence and sentenced to 13 months of confinement in the custody of DOC. His early release date was September 26, 2013, and his planned release date was September 16, 2013, pursuant to DOC’s 10-day early release authority.

¶3 On July 31, 2013, Mr. Cage filed a motion in Spokane County Superior Court for a furlough under RCW 9.94A-.728(2). He explained that his wife needed help with their other children due to serious pregnancy related complications. A note from his wife’s doctor stated that she was experiencing pregnancy related heart and kidney issues and that she needed Mr. Cage to help at home with their other children. The State objected, stating that it had a “longstanding policy in our office of objecting to furloughs in the first place.” Report of Proceedings (RP) at 8.

¶4 On August 2, 2013, the court granted Mr. Cage a temporary furlough to be served on electronic home moni[591]*591toring. The order stated that the furlough was to begin at 10:00 a.m. on August 5, 2013, and end six weeks after the birth of his child.

¶5 As soon as DOC was aware of the furlough order, it filed an emergency motion to vacate it. At the August 9, 2013, hearing, it argued the trial court lacked statutory authority to grant a furlough, maintaining, “[f]urloughs are allowed solely under RCW 72.66.012. And that statute applies to the Secretary of the Department of Corrections, not to the Court.” RP at 16.

¶6 The trial court denied the motion to vacate, stating that RCW 72.66.012, which authorizes the secretary of DOC to grant a furlough, does not prohibit a trial court from granting a furlough.

¶7 DOC filed an emergency motion for accelerated review of the furlough order and a motion to stay. On August 22, 2013, a commissioner of this court granted the stay and the motions to accelerate review and supplement the record. On September 9,2013, the case was referred to a panel for a determination on the merits.

ANALYSIS

¶8 Discretionary Review of a Moot Case. The issue before us is whether the trial court had the authority under the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, to grant Mr. Cage’s postsentence furlough. As an initial matter, we note that Mr. Cage’s sentence expired in September 2013. The expiration of his maximum term technically renders this case moot. “A case is moot if a court can no longer provide effective relief.” In re Cross, 99 Wn.2d 373, 376-77, 662 P.2d 828 (1983). However, a court may decide an appeal that has otherwise become moot when “matters of continuing and substantial public interest are involved.” Sorenson v. City of Bellingham, 80 Wn.2d 547, 558, 496 P.2d 512 (1972).

¶9 In evaluating whether a technically moot case merits review, courts consider “ ‘the desirability of an au[592]*592thoritative determination for the future guidance of public officers, and the likelihood of future recurrence of the question.’ ” In re Pers. Restraint of Mattson, 166 Wn.2d 730, 736, 214 P.3d 141 (2009) (quoting Sorenson, 80 Wn.2d at 558). “ ‘[M]ost cases in which appellate courts utilized the exception to the mootness doctrine involved issues of constitutional or statutory interpretation.’ ” Mattson, 166 Wn.2d at 736 (quoting In re Pers. Restraint of Mines, 146 Wn.2d 279, 285, 45 P.3d 535 (2002)).

¶10 Mr. Cage does not address the issue of mootness, but DOC contends that despite technical mootness, we should address the merits of the case because the issue of a trial court’s authority to grant a furlough for inmates is capable of repetition and is likely to evade review. We agree. We exercise our discretion and choose to decide whether a trial court has inherent authority under the SRA to grant a postsentence furlough.

¶11 Authority To Grant a Postsentence Furlough. This question raises an issue of statutory interpretation, which is a question of law reviewed de novo. State v. Ammons, 136 Wn.2d 453, 456, 963 P.2d 812 (1998). “Statutory interpretation begins with the statute’s plain meaning.” Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526,243 P.3d 1283 (2010). We discern plain meaning “from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole.” State v. Engel, 166 Wn.2d 572,578,210 P.3d 1007 (2009). Only if statutory language is ambiguous do we resort to aids of construction. State v. Armendariz, 160 Wn.2d 106, 110, 156 P.3d 201 (2007). The court’s primary goal is to construe the statute in a manner consistent with the legislative intent.

¶12 Two statutes intersect here. First, RCW 9.94A-.728(2) provides, “An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence.” The only statute that authorizes furloughs is RCW 72.66.012, which provides, “The secretary may grant a [593]*593furlough but only if not precluded from doing so under RCW 72.66.014, 72.66.016, 72.66.018, 72.66.024, 72.66.034, or 72.66.036.” A “furlough” is defined as an “authorized leave of absence for an eligible resident.” RCW 72.66.010(3).

113 The statutory language here is not ambiguous. Viewing the interrelationship of the two statutory provisions and the statutory language, RCW 72.66.012 expressly applies to DOC and gives its secretary the discretion to grant a furlough. Trial courts are not mentioned.

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326 P.3d 805, 181 Wash. App. 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-postsentence-review-of-cage-washctapp-2014.