In re the Personal Restraint of Silas
In re the Personal Restraint of Silas
Opinion of the Court
¶1 While incarcerated for two drug felonies, Roosevelt Silas III sought 50 percent earned early release time based on the 2003 amendments to the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, that increased eligibility for earned early release time from 30 to 50 percent for certain classes of offenders. The Department of Corrections (DOC) denied Silas’ request. The amended statute makes the enhanced credit unavailable to offenders with a conviction for “crimes against persons” as defined in the SRA. DOC determined Silas was ineligible for 50 percent earned early release time because he had a prior
FACTS
¶2 On August 3, 1995, Roosevelt Silas pleaded guilty to two domestic violence misdemeanors: assault and violation of a DV-NCO. In 2000, Silas was convicted of two drug felonies. In 2003, while serving time for the drug felonies, Silas applied for the newly enacted 50 percent earned early release credit.
¶3 In November 2003, Silas filed this PRP seeking reversal of the DOC decision. After reviewing the petition, we appointed counsel for Silas. On September 30, 2004, Division Two of the Court of Appeals published In re Personal Restraint of Washington, a case very similar to this one.
I. Mootness
¶4 Because Silas has finished serving his time and has been released from custody, we must first determine whether his case is moot. Generally, the courts will not consider a moot issue.
II. The 50 Percent Earned Early Release Statute
¶5 A PRP challenging a decision from which the offender has had no previous or alternative avenue for obtaining judicial review does not require the same heightened threshold showing as other PRPs.
¶6 Silas argues that DOC misinterpreted the earned early release time statute. He contends that a misdemeanor violation of a DV-NCO should not be considered a “crime against persons” as defined in RCW 9.94A-.411(2)(a) for the purpose of determining earned early release time under RCW 9.94A.728(l)(b)(ii)(C)(III).
¶7 Silas contends that, if RCW 9.94A.728(l)(b)-(ii)(C)(III) is read to include a misdemeanor violation of a DV-NCO, the statute denies him equal protection of the law. The constitutions of the United States and the state of Washington guarantee equal protection under the law, prohibiting governmental classifications that impermissibly discriminate among similarly situated groups.
¶8 Under the 50 percent earned early release time statute, an offender is not eligible for the enhanced credit if he or she has a conviction for a “crime against persons as defined in RCW 9.94A.411.”
¶9 But there is a rational basis for treating people who violate a DV-NCO differently from people who commit other misdemeanor domestic violence offenses like fourth degree assault. That difference in treatment is also rationally related to the purpose of the statute. When a court issues a DV-NCO, there has already been at least an allegation that the person to be restrained has committed an act of domestic violence.
¶10 The purpose of the earned early release time statute is to preserve “the public peace, health, or safety.”
¶11 We deny the personal restraint petition.
Silas pleaded guilty to a violation of a DV-NCO under former Seattle Municipal Code 12A.06.130 (1995). At oral argument, Silas’ counsel informed the court that this was a misdemeanor, not a gross misdemeanor, in 1995. It’s classification is not clear from the record. But the classification is not relevant to our analysis because neither party disputes that Silas violated a DV-NCO.
Laws of 2003, ch. 379, § 1 (codified at RCW 9.94A.728).
125 Wn. App. 506, 507, 106 P.3d 763, review denied, 153 Wn.2d 1032 (2004).
In re Pers. Restraint of Myers, 105 Wn.2d 257, 261, 714 P.2d 303 (1986).
In re Pers. Restraint of Goulsby, 120 Wn. App. 223, 226, 84 P.3d 922 (2004).
Myers, 105 Wn.2d at 261.
120 Wn. App. 223, 226, 84 P.3d 922 (2004).
In re Pers. Restraint of Stewart, 115 Wn. App. 319, 332, 75 P.3d 521 (2003) (citing In re Pers. Restraint of Cashaw, 123 Wn.2d 138, 149, 866 P.2d 8 (1994)).
RAP 16.4; Stewart, 115 Wn. App. at 332.
RCW 9.94A.728(l)(b)(ii)(C) provides in pertinent part:
(b)(i) In the case of an offender who qualifies under (b)(ii) of this subsection, the aggregate earned release time may not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection (l)(b) if he or she:
(C) Has no prior conviction for:
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020.
RCW 9.94A.411(2)(a) provides in pertinent part:
CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145).
State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001), cert. denied, 534 U.S. 1130 (2002).
Id.
U.S. Const, amend. XTV, § 1; Wash. Const, art. I, § 12.
In re Pers. Restraint of Ramsey, 102 Wn. App. 567, 573, 9 P.3d 231 (2000) (citing State v. Manussier, 129 Wn.2d 652, 672, 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 (1997)).
In re Pers. Restraint of Bratz, 101 Wn. App. 662, 669, 5 P.3d 759 (2000) (citing In re Det. of Dydasco, 135 Wn.2d 943, 951, 959 P.2d 1111 (1998)).
RCW 9.94A.728(l)(b)(ii)(C)(III).
RCW 9.94A.728(l)(b)(ii)(C)(IV) (emphasis added).
RCW 10.99.020(5)(d) (listing fourth degree assault as a domestic violence crime when committed against a family or household member); RCW 9A.36.041 (defining assault in the fourth degree).
RCW 10.99.040(2)(a) provides:
Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody.. ., the court authorizing the release may prohibit that person from having any contact with the victim.
Laws of 2003, ch. 379, § 29.
Laws or 2003, ch. 379, § 1.
Reference
- Full Case Name
- In the Matter of the Personal Restraint of Roosevelt Silas III
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- 10 cases
- Status
- Published