ORDERS:
ORDER OF DISMISSAL
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division ("ALJD"
or "Division") pursuant to the appeal of Stuart E. Woods, an inmate incarcerated
with the South Carolina Department of Corrections ("Department"), filed
on December 12, 2000. The Department has filed a motion to dismiss this
appeal on the grounds that the Division does not have jurisdiction over
this matter.
DISCUSSION
It is fundamental that "every court has the power and duty to determine
whether or not is has jurisdiction of a cause presented to it for determination." Bridges
v. Wyandotte Worsted Co., 243 S.C. 1, 8, 132 S.E.2d 18, 21 (1962).
Accordingly, the "lack of subject matter jurisdiction can be raised at
any time, can be raised for the first time on appeal, and can be raised suasponte
by the court." Lake v. Reeder
Const. Co., 330 S.C. 424, 248, 498 S.E.2d 650, 653.
On September 5, 2001, the Administrative Law Judge Division (ALJD) issued
an En Banc Order in McNeil
v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP
(September 5, 2001). The decision holds that the ALJD's appellate jurisdiction
in inmate appeals is limited to two types of cases: (1) cases in which
an inmate contends that prison officials have erroneously calculated his
sentence, sentence-related credits, or custody status; and (2) cases in
which the Department has taken an inmate's created liberty interest as
punishment in a major disciplinary hearing. The issues addressed in the
En Banc Order are binding upon this case. ALJD Rule 70 (F).
In this case, the Appellant asserts that the Department is denying him
access to rehabilitative programs. Although certain constitutional rights
follow a person into confinement, there is no
constitutional duty imposed on any governmental entity to rehabilitate
a prisoner. McLamore v. State,
257 S.C. 413, 186 S.E.2d 250 (S.C. 1972). Furthermore, such is not a challenge
to the calculation of a sentence, sentence-related credits, or custody
status. Nor is the Appellant the object of punishment in a major disciplinary
hearing in the instant case. Accordingly, no jurisdiction exists in the
ALJD to decide this matter.
ORDER
IT IS THEREFORE ORDERED that the Appellant's appeal is dismissed
for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
October 10, 2001
Columbia, South Carolina |
