Secretary, Department of Public Safety & Correctional Services v. Henderson

718 A.2d 1150, 351 Md. 438, 1998 Md. LEXIS 810
CourtCourt of Appeals of Maryland
DecidedOctober 8, 1998
Docket39, Sept. Term, 1998
StatusPublished
Cited by28 cases

This text of 718 A.2d 1150 (Secretary, Department of Public Safety & Correctional Services v. Henderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Secretary, Department of Public Safety & Correctional Services v. Henderson, 718 A.2d 1150, 351 Md. 438, 1998 Md. LEXIS 810 (Md. 1998).

Opinions

WILNER, Judge.

We granted certiorari to review an order of Judge Joseph H.H. Kaplan, of the Circuit Court for Baltimore City, directing that the State Division of Correction release Vincent Henderson from custody. We shall affirm that order, but for different reasons than those used by Judge Kaplan.

[440]*440This appeal requires that we revisit two earlier decisions—Md. House of Correction v. Fields, 348 Md. 245, 703 A.2d 167 (1997) and Beshears v. Wickes, 349 Md. 1, 706 A.2d 608 (1998). Those cases and this one involve the method of calculating diminution credits that prisoners are eligible to earn for good conduct while incarcerated, and it would be helpful to begin by reviewing that subject.

Inmates in the State correctional system are generally eligible to earn four kinds of credits against their sentences— credits for good conduct, for performing work tasks assigned to them, for satisfactory progress in vocational or other educational and training courses, and for special work projects. All of those credits are provided for in Maryland Code, Article 27, § 700. Credits for work tasks (five days a month), vocational or educational courses (five days a month), and special projects (up to ten days a month) are awarded monthly, as earned. Credits for good conduct, however, are deducted in advance, subject to being forfeited if the inmate misbehaves in various ways.

Until 1992, good conduct credits were deducted at the rate of five days a month. Section 700 provided, in relevant part, that an inmate was allowed “a deduction in advance from the inmate’s term of confinement” at the rate of five days for each calendar month, “from the first day of commitment to the custody of the Commissioner [of Correction] through the last day of the inmate’s maximum term of confinement.” Md. Code, Art. 27, § 700 (1992 Repl.Vol.). Section 700(a) defined “term of confinement” as

“(1) The length of the sentence for a single sentence; or
(2) The period from the first day of the sentence beginning first through the last day of the sentence ending last for:
(i) Concurrent sentences;
(ii) Partially concurrent sentences;
(iii) Consecutive sentences; or
(iv) A combination of concurrent and consecutive sentences.”

[441]*441That statutory regime worked quite well so long as all inmates were eligible for the same number of monthly credits, regardless of the crime for' which they were sentenced or the dates upon which their respective sentences were imposed. An inmate serving a single ten-year sentence received, in advance, a credit of 600 days (five days per month times 120 months) upon the first day of commitment. An inmate sentenced to two consecutive five year terms also received a credit of 600 days upon the first day of commitment, as his or her sentences were aggregated in accordance with § 700(a) to constitute a single term of confinement, commencing on the first day of the first sentence and ending on the last day of the second sentence.

When, through the application of these and any other credits earned, the inmate served his or her effective sentence, the inmate was released on what is known as mandatory supervision. That term is defined in Article 41, § 4-501(13) of the Code as “a conditional release from imprisonment which is granted to any person sentenced after July 1, 1970 to the jurisdiction of the Division of Correction who has served the term or terms, less the deductions provided for in Article 27, §§ 700 and 704A of the Code.”1 Persons released on mandatory supervision remain in legal custody until expiration of their full term and are subject to all laws, regulations, and conditions applicable to parolees. See Article 41, § 4-612(b) and (c). If they violate the conditions of their mandatory supervision, they may be returned to prison to complete their sentence. How much time they will be required to serve on the preexisting sentence will depend on the extent to which the good conduct credits earned during their previous incarceration (that led to their release) are forfeited, and what, if any, credit is given to them for “street time”—the time they spent out of prison prior to their current infraction.

[442]*442This relatively simple scheme became complicated as the result of 1992 Md. Laws, Ch. 588. In that Act, the General Assembly (1) amended § 700(d)(2).to retain the good conduct credit of five days a month for “an inmate whose term of confinement includes a consecutive or concurrent sentence for either a crime of violence as defined in Article 27, § 643B of the Code or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance, as provided under Article 27, § 286 of the Code,” and (2) enacted a new § 700(d)(3), to provide that, for all other inmates, “this deduction shall be calculated at the rate of 10 days for each calendar month . . . . ” Section 2 of the Act made the new law applicable “only to a term of confinement imposed on or after October 1, 1992.” Neither the definition of “term of confinement,” in § 700(a), nor the direction in § 700(d)(1) that good conduct credits were to be deducted in advance was changed by Ch. 588.

The 1992 law immediately created a distinction between inmates serving one or more sentences for a crime of violence or a listed drug offense and inmates incarcerated for other crimes. That, when coupled with the prospectivity language of Section 2 of the Act, created a double problem: it brought into question whether an inmate serving a sentence imposed prior to October 1, 1992 as well as a sentence imposed after that date was entitled to the additional five days a month credit on the later sentence and, even if such an inmate ordinarily would get the additional credit, it raised the question of whether that would be the case if the earlier sentence was for a violent or listed drug offense.

The problem first surfaced in Md. House of Correction v. Fields, supra, 348 Md. 245, 703 A.2d 167. In 1988, Fields was sentenced to ten years imprisonment for daytime housebreaking, five years of which were suspended. He received an additional two-year sentence, to be served consecutively, for violating a probation imposed as the result of a possession of heroin conviction. Through the application of various diminution credits, Fields was released on mandatory supervision in 1992. In February, 1994, he was convicted of theft and [443]*443malicious destruction of property, for which he received an eighteen-month sentence. That conviction led to (1) a consecutive six-month sentence for violating one probation, (2) execution of the suspended five-year term for daytime housebreaking, to be served concurrently, and (3) revocation by the Maryland Parole Commission of his mandatory supervision release.

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Bluebook (online)
718 A.2d 1150, 351 Md. 438, 1998 Md. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/secretary-department-of-public-safety-correctional-services-v-henderson-md-1998.