State v. Roy
State v. Roy
Opinion of the Court
Appellant challenges the district court's denial of his petition for a writ of habeas corpus, arguing, in part, that respondent Minnesota Commissioner of Corrections (commissioner) exceeded his authority by using review hearings as a decision-making tool when determining whether to release appellant following his re-incarceration for violating his conditional release. We affirm.
FACTS
In 2007, appellant Steven Leino was convicted of fourth-degree criminal sexual conduct. The district court stayed imposition of sentence and placed him on probation. In 2009, Leino was convicted of third-degree criminal sexual conduct. The district court revoked Leino's probation on his fourth-degree criminal-sexual-conduct conviction and imposed a 21-month prison term and a ten-year conditional-release term. The district court sentenced Leino to a concurrent 51-month prison term and a lifetime conditional-release term on his third-degree criminal-sexual-conduct conviction.
In July 2011, Leino began the supervised-release portion of his sentence. In February 2012, Leino was arrested for failing to cooperate with sex-offender treatment, which violated a condition of his release. The Minnesota Department of Corrections' (DOC) Hearings and Release *480Unit (HRU) revoked Leino's supervised release, and Leino returned to prison. In August 2012, the commissioner released Leino from prison to an approved residence in Wright County. In December 2012, Leino completed the supervised-release portion of his sentence and began serving his lifetime conditional-release term. He was required to successfully complete sex-offender programming as a condition of release.
In January 2013, the HRU revoked Leino's conditional release for one year and ordered him to complete sex-offender programming while in prison because he had not cooperated with sex-offender treatment in the community. On December 16, 2013 and December 8, 2014, the HRU held review hearings and extended Leino's incarceration for one year and for 240 days, respectively, to give him more time to complete sex-offender treatment. On July 19, 2015, Leino completed sex-offender treatment in prison.
On August 10, 2015, the HRU held a review hearing and extended Leino's term of incarceration for up to 90 days, to give him time to find suitable housing. Leino's supervision was assigned to an intensive supervised release (ISR) team in St. Cloud. On November 9, 2015, the HRU held a review hearing and again extended Leino's term of incarceration for 90 days unless his ISR team could find him suitable housing before then. On December 8, 2015, Leino appealed his continued incarceration to the HRU's executive officer of hearings and release. His appeal was denied.
On February 8, 2016, the HRU held another review hearing and extended Leino's term of incarceration for 30 days unless his ISR team could find him suitable housing before then. On March 14, 2016, the HRU again held a review hearing and extended Leino's term of incarceration for 150 days unless his ISR team could find him suitable housing before then.
On June 23, 2016, Leino petitioned the district court for a writ of habeas corpus, arguing that he was unlawfully detained by the commissioner, the commissioner was not authorized to hold review hearings, and the commissioner impermissibly deferred to counties in determining whether he could release predatory offenders into those counties. On July 6, 2016, the commissioner released Leino to three-quarters housing at the Wright County Detention Center.
On March 28, 2017, the district court held a hearing regarding Leino's petition for a writ of habeas corpus. The district court heard legal arguments, but it did not hold an evidentiary hearing. On June 16, 2017, the district court issued an order denying Leino's requests for habeas relief and dismissing his petition, reasoning that Leino could only obtain habeas relief if he was restrained because of a constitutional violation and that the commissioner did not violate Leino's substantive due-process rights by detaining him.
Leino appealed to this court. The commissioner moved to dismiss the appeal as moot and supplement the record with exhibits establishing that the commissioner had released Leino to live with family in Hennepin County. This court denied the commissioner's motions, reasoning that the appeal "survives the mootness doctrine" because the issue of "the lawfulness of the DOC's use of review hearings" in administering *481supervised and conditional release and re-incarceration "is capable of repetition and may evade review."
ISSUES
I. Is Leino's appeal moot?
II. Is the DOC's use of review hearings in administering re-incarceration of offenders for violations of conditional release lawful?
ANALYSIS
I.
The mootness doctrine is based on the principle that "[appellate courts] do not issue advisory opinions, nor do [they] decide cases merely to establish precedent." Jasper v. Comm'r of Pub. Safety ,
An exception exists when an issue "is capable of repetition, yet will evade judicial review." State v. Brooks ,
The commissioner argues, "Because of Leino's release to Hennepin County, this Court is unable to grant Leino effective relief." In denying the commissioner's motion to dismiss Leino's appeal as moot, this court recognized that, because Leino had been residing in Hennepin County under ISR since May 2017, the specific relief he sought appeared to have been granted. State ex. rel Leino v. Roy , No. A17-1278 (Minn. App. Sept. 13, 2017) (order). However, we noted that Leino's "statement of the case includes challenges to the lawfulness of the DOC's use of review hearings."
"No petition for rehearing shall be allowed in the Court of Appeals." Minn. R. Civ. App. P. 140.01. We have applied that rule to foreclose reconsideration of an issue that a special term panel of this court decided prior to considering the merits of an appeal. See In re Estate of Sangren ,
Although Leino challenged the legality of the DOC's use of review hearings in the habeas proceeding in district court, the district court did not expressly address this issue in denying Leino's petition. This court generally considers "only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it." Thiele v. Stich ,
The application of a statute to undisputed facts presents a question of law reviewed de novo. State v. Minn. Sch. of Bus., Inc. ,
II.
Leino contends that neither the statutes governing conditional release nor the relevant DOC administrative rules authorize the DOC's use of review hearings to extend his incarceration. We therefore review those authorities.
When a district court commits an offender to the custody of the commissioner for the offender's first conviction of criminal sexual conduct, other than fifth-degree criminal sexual conduct, "the court shall provide that, after the offender has been released from prison, the commissioner shall place the offender on conditional release for ten years."
The commissioner may establish conditions of release, which "may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of [ISR conditions], and any other conditions the commissioner considers appropriate."
"The commissioner of corrections shall adopt by rule standards and procedures for the revocation of supervised or conditional release, and shall specify the period of revocation for each violation of release. Procedures for the revocation of release shall provide due process of law for the inmate."
Leino argues that the "phrase 'review hearing,' as used in the context of [his] hearings, appears to be invented by the hearing officers, as it does not exist in the administrative rules or in Minnesota statute." He notes that
As to that issue, Leino argues that extending an offender's incarceration after a review hearing is inconsistent with
Offenders who have violated the conditions of parole or supervised release and who have been returned to institutional status shall be assigned a release date and a term of reimprisonment, as follows:
A. up to six months inclusive of any time spent in jail in connection with the violation, for violations of conditions of parole or supervised release other than convictions of or involvement in criminal activity;
B. up to six months for convictions of misdemeanors or gross misdemeanors;
C. six months to expiration of sentence for conviction of a felony; and
D. depending on the time remaining to be served on the sentence, the type of violation, and the needs of the offender, up to expiration of the sentence may be assigned as the term of reimprisonment if there is a finding of risk to the public or if repeated violations of the conditions of release occur and the releasee is determined to be unamenable to supervision by the executive officer of hearings and release.
The term of reimprisonment under items A to C may be either concurrent or consecutive to incarceration time imposed *484by a court of law and served locally.
Leino emphasizes that under
Although
Moreover, the DOC's use of review hearings to evaluate whether, given the offender's behavior and the relevant circumstances, it is appropriate to release the offender at the offender's projected release date is consistent with
In sum, although the relevant statutes and DOC administrative rules do not expressly authorize review hearings in the context of the DOC's administration of re-incarceration of offenders for violations of conditional release, such use of review hearings is consistent with the relevant statutes and DOC administrative rules. We discern no basis to declare the DOC's use of review hearings in this context unlawful.
*485In fact, this court has consistently rejected challenges to the DOC's authority to extend projected-release dates following review hearings. See, e.g. , State ex rel. Martinez v. Roy , No. A16-1604,
For the reasons set forth above, we hold that the DOC's use of review hearings in administering re-incarceration of offenders for violations of conditional release is lawful.
DECISION
The DOC's use of review hearings as a decision-making tool when determining whether to release Leino or extend his incarceration following his re-incarceration for violating conditional release was lawful. Because this issue is the only issue that survived the commissioner's motion to dismiss this appeal as moot, we affirm without addressing Leino's other arguments.
Affirmed.
In "three-quarters housing," an offender is housed at a local jail, "with day passes to look for employment, hold a job, and search for suitable non-detention housing." Offenders in three-quarters housing can also visit family, attend religious services, go to medical appointments, and drive a vehicle.
State ex. rel Leino v. Roy , No. A17-1278 (Minn. App. Sept. 13, 2017) (order).
Indeed, Leino argues: "This court has yet to issue a published and precedential decision analyzing the DOC's use of 'review hearings,' and should do so now."
An offender may not be placed on lifetime conditional release following a conviction of fourth-degree criminal sexual conduct unless the offender's prior sex-offense conviction was a conviction of first-degree, second-degree, or third-degree criminal sexual conduct or criminal sexual predatory conduct.
Reference
- Full Case Name
- STATE of Minnesota, EX REL. Steven LEINO v. Tom ROY, Commissioner of Corrections
- Status
- Published