This matter is before the Administrative Law Court (“Court”) pursuant to the appeal of
Jeremy Mitchell, an inmate incarcerated with the Department of Corrections (“Department”).
On April26, 2004, Mitchell filed a grievance challenging his August 6, 2004 conviction of
Sexual Misconduct, 2.09. As a result of his conviction, Mitchell lost 60 days of good-time
credit. Mitchell filed his appeal with the Court on August 31, 2004.
On February 22, 2005, the Department filed a Motion for Remand, stating that during its
review and investigation of Mitchell’s claim it determined that the conviction should be
overturned. As a result, the Department believes that Mitchell’s conviction should be overturned
and his good time credits restored. The Department requests that this tribunal remand the case to
the Department in order to overturn the conviction and restore the good time credits.
Accordingly,
IT IS HEREBY ORDERED that this matter is remanded to the Department with
instructions that the Department overturn Mitchell’s conviction of Sexual Misconduct, (2.09)
and restore the 60 days of good-time credit that Mitchell lost as a result of that conviction;
AND IT IS SO ORDERED.
_________________________________________
CAROLYN C. MATTHEWS
ADMINISTRATIVE LAW JUDGE
March 28, 2005
Columbia, South Carolina
