Mdoc Credit Where It'S Due

The Michigan Supreme Court held en banc on July 27, 2021, that pre-trial inmates are entitled to credit for imprisonment time spent after a parole revocation warrant was issued if they were unable to pay bail.

Erick R. Allen was serving time on parole for offenses he committed in 2013. On July 12, 2015, he was arrested for possessing less than 25 grams of cocaine. He was freed on a personal recognizance (PR) bail when the Michigan Department of Corrections (MDOC) did not issue a detainer. On August 17, 2017, he was arrested after missing two court appearances and was released on a $5,000 bail. Due to his inability to raise bail, he was released on August 31, 2017 to attend a drug recovery program.

Allen and Credit

Allen was arrested on September 5, 2017, after bringing narcotics to the program. That day, MDOC issued a parole revocation warrant. Throughout his trial and sentence on March 1, 2018, he remained in custody. The trial judge ruled that he was not entitled to pre-trial prison time credit since he was on parole the whole time. He was held in prison for 17 days until MDOC issued a detainer, and then for another 178 days until he was sentenced.

The credit for time served in prison was challenged. People v. Idziak, 484 Mich. 549 (2009), when the state’s highest court evaluated conditions for prison time credit awarded or refused based on instances of parole detainers being sent or not, the appeals court rejected credit. According to Idziak, Allen was not entitled to any prison time credit, including the 17 days before MDOC issued the detainer. 330 Mich. App. 116 (People v. Allen) (2019).
Despite the fact that there was no objection to the matter being preserved for review, the Michigan Supreme Court accepted it as a simple error.

The court determined that Allen was entitled to credit for the 17 days he spent in prison prior to the detainer being issued under obligatory statute MCL 769.11(b). He was imprisoned for a cause other than inability to post bail when he received notification of probable parole revocation, and his jail term credit eligibility ended. People v. Allen, Michigan LEXIS 1305, 2021.

Source: PLN