Coslett v. State

• Decision Date: 18 April 1997
• Docket Number: CR-96-611
• Parties: Clint COSLETT v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 61

697 So.2d 61

Clint COSLETT v. STATE.

CR-96-611.

Court of Criminal Appeals of Alabama.

April 18, 1997.

Clint Coslett, pro se.

Ellen Leonard, Asst. General Counsel, Department of Corrections, for appellee.

BASCHAB, Judge.

During a prison disciplinary proceeding, the appellant, Clint Coslett, was found guilty of making a false statement to a Department of Corrections employee in violation of Department of Corrections Admin.Reg. No. 403, Annex B, Rule Violation 41, "Making False Statements or Charges." As a result, he was removed from work release, placed in a Class IV classification for three months, and referred for custody and classification review. The appellant filed a Petition for Writ of Habeas Corpus, alleging that he was denied due process of law because the charge against him was improper and because he was not allowed to call two witnesses at the disciplinary hearing. The State filed a Motion to Dismiss, arguing that, because his punishment did not include a loss of accrued "good time," the appellant was not entitled to the procedural protections of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). The trial court denied the petition, noting that the appellant had not lost any accrued "good time" and finding that the appellant had failed to state a cause of action concerning the disciplinary proceeding. Subsequently, the appellant filed a Traverse to the State's Motion to Dismiss, a Motion for the Appointment of Counsel, a Motion for an Evidentiary Hearing, and a Motion for Reconsideration. The trial court denied the Motion for Reconsideration on December 20, 1996, and the appellant filed a Notice of Appeal on January 3, 1997.

The appellant argues that the trial court erred in finding that no liberty interest was involved and in dismissing his petition. Although he did not lose any accrued "good time," the appellant argues that, in essence, he lost "good time" because he lost the ability to earn "good time" for several months. Therefore, he argues that he was entitled to the Wolff procedural protections because he had a protected liberty interest in remaining in the highest classification and continuing to earn "good time" at the highest rate.

Alabama gives inmates an opportunity to reduce their prison sentences through incentive time or "good time" deductions. § 14-9-41, Ala.Code 1975. That statute provides, in pertinent part, as follows:

"(a) Each prisoner who shall hereafter be convicted of any offense against the laws of the State of Alabama and is confined, in execution of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for the county or in any municipal jail for a definite or indeterminate term, other than for life, whose record of conduct shows that he has faithfully observed the rules for a period of time to be specified by this article may be entitled to earn a deduction from the term of his sentence as follows:

"(1) Seventy-five days for each 30 days actually served while the prisoner is classified as a Class I prisoner.

"(2) Forty days for each 30 days actually served while the prisoner is a Class II prisoner.

"(3) Twenty days for each 30 days actually served while the prisoner is a Class III prisoner.

"(4) No good time shall accrue during the period the prisoner is classified as a Class IV prisoner.

"(b) Within 90 days after May 19, 1980, the Commissioner of the Department of Corrections shall establish and publish in appropriate directives certain criteria not in conflict with this article for Class I, II, III, and IV prisoner classifications. Such classifications shall encompass consideration of the prisoner's behavior, discipline, and work practices and job responsibilities.

"(c)(1) Class I is set aside for those prisoners who are considered to be trustworthy in every respect and who, by virtue of their work habits, conduct and attitude of cooperation have proven their trustworthiness. An example of a Class I inmate would be one who could work without constant supervision by a security officer.

"(2) Class II is that category of prisoners whose jobs will be under the supervision of a correctional employee at all times. Any inmate shall remain in this classification for a minimum period of six months before being eligible for Class I.

"(3) Class III is for prisoners with special assignments. They may not receive any of the privileges of Class I and Class II inmates. Any inmate shall remain in this classification for a minimum period of three months before being eligible for Class II.

"(4) Class IV is for prisoners not yet classified and for those who are able to work and refuse, or who commit disciplinary infractions of such a nature which do not warrant a higher classification, or inmates who do not abide by the rules of the institution. Inmates who are classified in this earning class receive no correctional incentive time. This class is generally referred to as 'flat time' or 'day-for-day'. Any inmate shall remain in this classification for a minimum period of 30 days before being eligible for Class III.

"(5) No inmate may reach any class without first having gone through and meeting the requirements of all lower classifications.

"....

"(e) Provided, however, no person may receive the benefits of correctional incentive time if he or she has been convicted of a Class A felony or has been sentenced to life, or death, or who has received a sentence for more than 15 years in the state penitentiary or in the county jail at hard labor or in any municipal jail. No person may be placed in Class I if he or she has been convicted of an assault where the victims of such assault suffered the permanent loss or use or permanent partial loss or use of any bodily organ or appendage. No person may be placed in Class I if he or she has been convicted of a crime involving the perpetration of sexual abuse upon the person of a child under the age of 17 years.

"The court sentencing a person shall note upon the transcript to accompany such prisoner the fact that he or she has been sentenced as a result of a crime that forbids his or her being classified as a Class I prisoner.

"(f)(1) If during the term of imprisonment a prisoner commits an offense or violates a rule of the Department of Corrections, all or any part of his correctional incentive time accrued pursuant to this section shall be forfeited.

"(2) The Commissioner of the Department of Corrections shall have the power to restore to any prisoner who has heretofore, or who may hereafter, forfeit the deductions allowed him or her for good behavior, work habits and cooperation, or good conduct, by violating any existing law or prison rule or regulation such portion of his deduction for good conduct or good behavior as may be proper in his judgment, upon recommendation and evidence submitted to him by the warden in charge."

§ 14-9-41, Ala.Code 1975. This statute is couched in discretionary terms. For example, the statute provides that an inmate who has "faithfully observed the rules for a period of time ... may be entitled to earn a deduction." § 14-9-41(a), Ala.Code 1975. Therefore, inmates in Alabama are not entitled to receive, and thus do not have a liberty interest in receiving, "good time" deductions from their sentences. State v. Malone, 654 So.2d 92 (Ala.Cr.App.1995); Parker v. State, 648 So.2d 653 (Ala.Cr.App.1994); Gullett v. State, 613 So.2d 400 (Ala.Cr.App.1992). However, once an inmate does actually earn "good time," it may not be taken away without due process. Ex parte Hawkins, 475 So.2d 489 (Ala.1985); Ex parte Bland, 441 So.2d 122 (Ala.1983); Williams v. Davis, 386 So.2d 415 (Ala.1980); Keenan v. Bennett, 613 F.2d 127 (5th Cir.1980); Diamond v. Thompson, 364 F.Supp. 659 (M.D.Ala.1973), aff'd, 523 F.2d 1201 (5th Cir.1975).

The opportunity to earn "good time" is a privilege, not a right, in Alabama. Prisoners may earn higher classifications, and thus more "good time," through good behavior. A higher classification is based on a prisoner's trustworthiness, willingness and ability to work, and behavior while in prison. Accordingly, a favorable evaluation of a prisoner's conduct may result in a move to a higher classification so that he can earn more "good time" for each day served. Because Alabama's system is an incentive system, prison officials must have the authority to place prisoners who do not follow the rules or who fail to meet the requirements of a higher classification in lower classifications.

In Sandin v. Conner, the United States Supreme Court set forth the standard by which to evaluate whether alleged liberty interests are indeed protected by the Due Process Clause and thus entitled to the Wolff procedural protections. 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). In so doing, the Court stated as follows:

"The time has come to return to the due...