Diehl v. Weiser
Diehl v. Weiser
Opinion
¶1 This habeas corpus appeal requires us to determine how the Department of Corrections ("DOC") should apply the "one-continuous-sentence" statute, section 17-22.5-101, C.R.S. (2018), to an offender who was eligible for and released to parole, committed additional crimes while on parole, and was sentenced for those subsequent crimes concurrent with his initial sentence. The central question is whether the offender's original prison sentences should be included in the newly calculated continuous sentence for purposes of determining a new parole eligibility date. We conclude today that they should not.
I. Facts and Procedural History
¶2 Petitioner-Appellee, Scott Edward Diehl, pleaded guilty to three drug offenses in 2005. For each offense, he received a sentence that required him to serve a designated number of years in prison as well as a period of mandatory parole. He began serving his term of imprisonment for those sentences, which ran concurrently, on September 6, 2005.
¶3 Diehl was released from prison at the discretion of the state board of parole on August 16, 2011, and he immediately began serving a five-year period of mandatory parole. Diehl absconded from parole from February 14 to March 28, 2013. He was arrested and returned to prison to serve the remainder of his mandatory parole term incarcerated. During this period of reincarceration, Diehl pleaded guilty in three additional cases arising from the time when he was on parole. He received new sentences that were to run concurrently with his outstanding sentences.
¶4 On December 8, 2016, Diehl filed a petition for writ of habeas corpus with the district court, arguing that he was being unlawfully denied consideration for discretionary parole. He contended that the DOC erred in using August 6, 2011, the date on which he was first released to mandatory parole, rather than September 6, 2005, the date on which he was first sentenced to prison, to calculate his parole eligibility date.
¶5 The district court agreed with Diehl. In doing so, the court rejected the DOC's argument that Diehl's "sentence to imprisonment" on his original convictions had been discharged when he began serving his mandatory period of parole and was thus no longer relevant to his new parole eligibility date. The district court concluded that a sentence, for purposes of Colorado's "one-continuous-sentence" rule, see § 17-22.5-101, is comprised of two components-a period of incarceration and a period of mandatory parole. Although the imprisonment component of the sentence was statutorily discharged *316 when Diehl began serving his period of mandatory parole, see § 18-1.3-401(1)(a)(V)(D), C.R.S. (2018), the district court noted that the statutory scheme provides that Diehl's overall sentence was not "deemed to have [been] fully discharged" until Diehl "either completed or [had] been discharged by the state board of parole from the mandatory period of parole imposed pursuant to" section 18-1.3-401(1)(a)(V). Therefore, the district court concluded that the DOC was required to calculate Diehl's parole eligibility date using his first date of incarceration, September 6, 2005.
¶6 The DOC appealed the district court's order. 1
II. Analysis
¶7 We begin by addressing our jurisdiction to resolve this appeal. We then set out the appropriate standard of review, noting that we give considerable deference to the DOC's interpretation of the statutory scheme for inmate and parole time computations. Finally, we explain why the DOC's interpretation of the relevant statutes is reasonable and the new parole eligibility date for an inmate who was reincarcerated for a parole violation and is then sentenced for additional offenses should be calculated using the beginning of the period of mandatory parole as the start of the inmate's one continuous sentence.
A. Jurisdiction
¶8 This case comes to us on appeal from a habeas corpus proceeding. Habeas corpus is available to review claims that a petitioner is being denied the opportunity to be considered for parole.
Naranjo v. Johnson
,
¶9 While awaiting the resolution of this appeal, Diehl was released on parole. The DOC asks us to remand this case to the district court to consider whether this case is now moot. We need not remand to make this determination. Mootness is a jurisdictional prerequisite that can be addressed at any stage during the proceedings.
See
People v. Shank
,
¶10 A case is moot when a judgment would have no practical legal effect on the existing controversy.
Van Schaack Holdings, Ltd. v. Fulenwider
,
¶11 This is one of those instances. During the DOC's 2018 budget hearing, then DOC Executive Director Rick Raemisch explained
*317
that there are "roughly 2,700 offenders that could potentially be affected by" our decision in
Executive Director of Colorado Department of Corrections v. Fetzer
,
B. Standard of Review
¶12 Because the parties do not contest Diehl's underlying sentences or time credits, the sole issue we must address is the application of sections 17-22.5-101 and 18-1.3-401 to the calculation of Diehl's parole eligibility date. We review issues of statutory interpretation de novo, giving deference to the DOC's interpretation of statutes pertaining to its responsibilities and authority when that interpretation is reasonable.
See
Fetzer
, ¶ 17,
¶13 Our primary responsibility when interpreting statutes is to give effect to the General Assembly's intent.
Bostelman v. People
,
C. Parole Eligibility Calculations
¶14 As pertinent here, a defendant who receives a sentence for a class 2, 3, 4, 5, or 6 felony is eligible for parole when that person has served "fifty percent of the sentence imposed ... less any time authorized for earned time granted pursuant to section 17-22.5-405." § 17-22.5-403(1), C.R.S. (2018). This seemingly clear command is often complicated when a defendant has multiple convictions and therefore multiple sentences. Indeed, this is the third time in just five years that we have confronted a question of how the DOC should calculate an inmate's parole eligibility date when he is subject to several sentences.
See
Nowak
, ¶ 40,
¶15 We start with section 17-22.5-101, which requires that "when any inmate has been committed under several convictions with separate sentences, the department shall construe all sentences as one continuous sentence." This "one-continuous-sentence" rule requires the DOC, among other things, to combine the inmate's sentences into one composite continuous sentence, and then determine when that continuous sentence begins to run.
See
Fetzer
, ¶¶ 14, 16, 20,
*318
Nowak
, ¶¶ 33-35, 40,
¶16 The question here is how the DOC should calculate a new parole eligibility date when an offender who is on parole violates conditions of parole and is both reincarcerated to serve the remainder of his parole period and also convicted of additional offenses for conduct that occurred while he was paroled. Diehl and the DOC urge very different answers to that question.
¶17 Diehl argues that calculation of his new parole eligibility date must include both his period of mandatory parole and his sentence to imprisonment on the earliest offense for which he is still serving either component. He argues that our prior cases make clear that a "sentence" as that word is used in section 17-22.5-101 includes both a prison component and a period of mandatory parole.
See
Fetzer
, ¶ 13,
¶18 The district court accepted Diehl's argument and further relied on section 18-1.3-401(1)(a)(VI), which provides that an inmate "shall not be deemed to have fully discharged his or her sentence until said person has either completed or been discharged by the state board of parole from the mandatory period of parole imposed pursuant to [ section 18-1.3-401(1)(a)(V) ]." (Emphasis added.)
¶19 The DOC argues that section 18-1.3-401(1)(a)(V)(D) and our decision in
Luther
,
¶20 The DOC points out that its interpretation is supported by our decision in
Luther
, in which we stated that a prison sentence was "no longer operable in any sense" after an inmate was released to serve mandatory parole.
¶21 In rejecting Luther's argument, we considered whether "the General Assembly intended that the period of reincarceration be classified as 'mandatory parole' " and concluded that it did not, and instead that "reincarceration for violation of parole is not itself 'parole' ...."
*319
Luther,
¶22 Similarly, here, the DOC argues, when Diehl was reincarcerated for violating his parole, he was no longer serving a period of mandatory parole on the earlier sentences. Instead, his parole revocation reincarceration period is a separate and independent time period that must be incorporated with his newly imposed sentences into the "one continuous sentence" required by section 17-22.5-101.
¶23 The parties' disagreement reflects the reality that the relevant statutes are less than entirely clear. In some instances, the word "sentence" is used to mean both the combination of time in prison and time on mandatory parole.
See
Edwards v. People
,
¶24 Given this lack of absolute statutory clarity, we will defer to the DOC's interpretation unless it is unreasonable. We have emphasized that "in light of the practicalities inherent in administering the complex of sentencing and parole mandates imposed by statute, the department's administrative interpretations are entitled to great weight."
Fetzer
, ¶ 20,
¶25 In
Luther
, we treated the parole revocation reincarceration period and the newly imposed sentence as two parts of one continuous sentence. The General Assembly amended the penalties statute the year after
Luther
was decided but did nothing to disavow that decision's interpretation of the one-continuous-sentence rule. That is notable because, when a legislative body amends a statute, it is presumed that the legislature is aware of, and approves of, case law interpreting that statute.
See
Semendinger v. Brittain
,
III. Conclusion
¶26 The DOC's interpretation of sections 17-22.5-101 and 18-1.3-401 is reasonable. The new parole eligibility date for an inmate who was reincarcerated for a parole violation and is sentenced for additional offenses should be calculated using the beginning of the period of mandatory parole as the start of the inmate's *320 one continuous sentence. Accordingly, we reverse the judgment of the district court.
The issues on appeal are:
1. Whether the Department is required to include statutorily discharged prison components as part of an offender's one continuous sentence for purposes of time computation?
2. Whether the Department is required to calculate Diehl's sentence "consistent with" a time computation example stated in the Final Order?
Reference
- Full Case Name
- Scott Edward DIEHL, Petitioner-Appellee, v. Philip J. WEISER, Colorado Attorney General ; Jason Lengerich, Warden of Buena Vista Correctional Facility; And Dean Williams, Executive Director of the Colorado Department of Corrections, Respondents-Appellants.
- Cited By
- 332 cases
- Status
- Published
- Syllabus
- The Supreme Court determined how the Department of Corrections (DOC) should calculate an inmate's parole eligibility date when an inmate is released to serve mandatory parole and receives additional concurrent sentences. The Court concluded that the DOC's interpretation of the statutory scheme for inmate and parole time computations is reasonable. Accordingly, the Court held that the new parole eligibility date for an inmate who was re-incarcerated for a parole violation and is sentenced for additional offenses should be calculated using the beginning of the period of mandatory parole as the start of the inmate's one continuous sentence. The district court's judgment was reversed.