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State of Alaska v. Christopher Shetters

December 23, 2010

STATE OF ALASKA, APPELLANT,
v.
CHRISTOPHER SHETTERS, APPELLEE.



Trial Court No. 3AN-05-5437 Cr Appeal from the Superior Court, Third Judicial District, Anchorage, Michael L. Wolverton, Judge.

The opinion of the court was delivered by: Mannheimer, Judge.

NOTICE

The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 Fax: (907) 264-0878 E-mail: corrections at appellate.courts.state.ak.us

OPINION ON REHEARING

Before: Coats, Chief Judge, and Mannheimer and Bolger, Judges.

The State of Alaska has petitioned us to reconsider two aspects of our decision in this case, State v. Shetters, __ P.3d __, 2010 WL 3929245 (Alaska App. 2010).

First, the State asks us to reconsider -- and withdraw -- the following italicized portion of the statement we made at the conclusion of our earlier opinion:

[W]hen the Parole Board orders a mandatory parolee to reside at a correctional restitution center, a halfway house, or any other non-prison correctional center, the mandatory parolee is entitled to both (1) credit for time served and (2) good time credit corresponding to the period of their enforced residence at the correctional center if the Board later revokes their parole and orders them to serve some or all of their remaining sentence.

Shetters, 2010 WL 3929245 at *7.

The State argues that the only issue presented in this appeal is whether parolees in Shetters's situation should receive good time credit -- and that we should not have reached any conclusion as to whether such parolees are entitled to credit for time served. The State contends that we erred in deciding this issue because "[this issue] was not raised or argued in the trial court" nor was it "raised or briefed on appeal".

The State suggests that we may have been confused concerning the status of the "credit for time served" issue -- i.e., confused as to whether this issue was in dispute -- because the Parole Board did grant Shetters credit against his sentence for the time he served at the halfway house. The State argues that we should not have interpreted the Parole Board's action as an acknowledgement that all similarly situated parolees are entitled to credit against their sentences for the time they spend in halfway houses or other non-prison correctional centers after the Parole Board orders them to reside there. Instead, the State contends that Shetters received credit for time served only because the Parole Board, in its discretion, chose to give Shetters this credit against his sentence.

The State's argument rests on two basic assertions. First, the State asserts that parolees who are ordered by the Parole Board to reside at non-prison correctional centers might be entitled to good time credit for the time they spend in the correctional center, but these same parolees would not be entitled to credit for time served. Second, the State asserts that the Parole Board may, in its discretion, choose either to award or withhold credit for time served when the Board orders a parolee to reside at a non-prison correctional center.

We reject both of these assertions.

The good time credit statute, AS 33.20.010(a), states that a prisoner is entitled to a deduction of one-third from their sentence of imprisonment "if the prisoner follows the rules of the correctional facility in which the prisoner is confined." As we held in Valencia v. State, 91 P.3d 983, 984 (Alaska App. 2004), this statute means ...


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