ORDERS:
ORDER
STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Court (ALC or Court) pursuant to the
appeal of Jeffrey McKinley, an inmate incarcerated with the South Carolina Department of
Corrections (Department). McKinley filed a grievance with the Department objecting to the
Department’s calculation of his sentence and received the Department’s final decision on or
about September 29, 2004. On October 7, 2004, the Appellant filed this appeal with the Court.
BACKGROUND
The Appellant first entered the Department on June 21, 1990. On November 4, 1991, he
was released to supervised furlough. However, he later violated the terms of his probation and
was returned to the Department on August 21, 1992. On November 1, 1994, the Appellant was
again released to probation. On September 24, 1996, the Appellant returned once again to the
Department after violating the terms of his probation. On April 1, 1997, the Appellant was
improperly released from the custody of the Department. On February 6, 1998, 312 days after
his improper release, the Appellant was returned to the Department’s custody to complete his
sentence.
On July 23, 1999, the Appellant was once again released to probation, only to return on
May 29, 2001, for violating his probation. The Appellant was then paroled on November 7,
2002 and once more after violating the terms of his parole returned to the Department on
October 15, 2003, where he remains.
STANDARD OF REVIEW
The Court’s jurisdiction to hear this matter is derived from the decision of the South
Carolina Supreme Court in Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000). The
Administrative Law Court’s jurisdiction in inmate appeals is limited to state created liberty
interests typically involving: (1) cases in which an inmate contends that prison officials have
erroneously calculated his/her sentence, sentence-related credits, or custody status; and (2) cases
in which an inmate has received punishment in a major disciplinary hearing as a result of a
serious rule violation. Id. When reviewing the Department’s decisions in inmate grievance
matters, the ALC sits in an appellate capacity. Id. at 756. Consequently, the review in these
inmate grievance cases is limited to the record presented. An Administrative Law Judge may
not substitute his judgment for that of an agency “as to the weight of the evidence on questions
of fact.” S.C. Code Ann. § 1-23-380(A)(6) (1986 & Supp.2003). Furthermore, an
Administrative Law Judge may not reverse or modify an agency’s decision unless substantial
rights of the appellant have been prejudiced because the decision is clearly erroneous in view of
the substantial evidence on the whole record, arbitrary or affected by an error of law. See S.C.
Code Ann. § 1-23-380(A)(6); See also Marietta Garage, Inc. v. South Carolina Dept. of Public
Safety, 337 S.C. 133, 522 S.E.2d 605 (1999); South Carolina Dept. of Labor, Licensing and
Regulation v. Girgis, 332 S.C. 162, 503 S.E.2d 490 (1998).
DISCUSSION
The Appellant argues that the Department failed to comply with a court order that he is
entitled to sentence credit for the period between his wrongful release from prison and the date
he was brought back in to continue serving his sentence. On April 1, 1997, the Department was
ordered to credit the Appellant for the 312 days he was not in custody between April 1, 1997,
and February 6, 1998. Afterwards, the Department amended the Appellant’s transfer history.
That history indicates that McKinley was improperly released on April 1, 1997. However, it
now also reflects that McKinley was readmitted on April 1, 1997, that same day, so as to
manifest that McKinley is receiving credit for the time he was out of custody improperly.
Accordingly, the Department gave the Appellant that credit. Consequently, I find that the
Department correctly calculated the Appellant’s sentence.
ORDER
IT IS THEREFORE ORDERED that the Final Decision of the Department is
AFFIRMED and the appeal of the Appellant is DENIED.
AND IT IS SO ORDERED.
_________________________________
Ralph K. Anderson, III
Administrative Law Judge
March 14, 2005
Columbia, South Carolina |
