A Reduction of a Conditional Release Period is Only From Time Actually in the Community on Supervised Release

State v. Ward, Minn.Ct.App., 4/14/14.  Mr. Ward thought that he was entitled to a reduction in the ten year period of “conditional release” for the time he would have been on “supervised release” had he actually not been sitting a prison cell instead.  That is, even though Mr. Ward served the entire imposed sentence – no good time – he said he was entitled to subtract the “supervised release” period anyway from the period of “conditional release.”  The court of appeals says, no. 

An “executed sentence” consists of a “term of imprisonment” equal to two-thirds of the “executed sentence” and of a period of “supervised release” equal to the remaining one-third of the “executed sentence.”  Mr. Ward served his “term of imprisonment.”  A condition of his “supervised release” was that he find suitable housing.  Mr. Ward failed to do that so he remained in prison for the entire period of what would otherwise have been “supervise release.” 

Because of the offense of conviction, Mr. Ward was also required to serve a ten year period of “conditional release,” minus time served on “supervised release.”  Because Mr. Ward remained in prison until the end of his executed sentence the commissioner of corrections said that he hadn’t served any time on “supervised release” and was thus not entitled to a reduction of the ten year “conditional release” period.  The district court thought otherwise and ordered a reduction of the “conditional release” term equal to that one-third “supervised release” term. 

The state appealed and the court of appeals reverses the trial court.  The court said that by specifying a specific term of “conditional release” the legislature was establishing a minimum term of additional supervision after release from actual custody.  Also, because the commissioner can, and did for Mr. Ward, revoke “supervised release” it’s as though that “supervised release” never existed.  Reduction of “conditional release” equal to the amount of time spent on “supervised release” is exactly zero days for Mr. Ward because he was never on “supervised release.” 

The math was easy for Mr. Ward because he didn’t serve a day of “supervised release.”  Just what happens to “conditional release” calculations when someone who is serving “supervised release” gets thrown in either jail or prison for a short stretch remains to be seen.  Get your calendars and calculators out.