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Minnesota Supreme Court Splits on Custody Credits

By E.L. Lipman

In an interesting opinion issued today, the Minnesota Supreme Court split 6 to 1 on the question of whether patients who are indefinitely committed to the Minnesota Sex Offender Program, and who later commit crimes, are entitled to ?custody credits? for the days spent in confinement under the earlier civil commitment petition. In Minnesota, criminal defendants receive a credit for the time spent ?in custody in connection with the offense or behavioral incident for which sentence is imposed? as a deduction against a later-executed sentence.

Asserting that the conditions of civil commitment were the ?functional equivalent of jail,? Joshua Lawrence Johnson argued that he was entitled to a credit for the days he spent as a civilly committed patient, while separate and parallel criminal proceedings against him were underway.

Disagreeing, a majority of the panel concluded that Johnson was not entitled to a credit for the days spent in civil commitment pending trial and sentencing. Wrote Justice Helen Meyer:

There is no evidence in the record that the terms of Johnson?s confinement under civil commitment have been altered because of the criminal charges. Even if the record established (and this record does not) that Johnson?s sentence to confinement in a correctional facility delayed his sex offender treatment program at St. Peter, his civil commitment is indefinite. The sentence without custody credit does not prolong Johnson?s confinement and therefore does not serve as a de facto consecutive sentence.

Dissenting, Justice Alan Page urged that ?[b]ecause the record suggests that Johnson was transferred from the St. Peter Security Hospital to the Moose Lake Treatment Center for purposes of punishment related to the charges against him, I conclude that he is entitled to custody credit.?

The majority and dissenting opinions are accessible here.

Full post as published by Within the Scope on February 14, 2008 (boomark / email).