The Colorado Department of Corrections (CDOC) has “a policy of routinely refusing to subtract previously credited good time as well as some previously credited earned time from inmates’ sentences despite the fact that the inmate has earned those credits,” charges a federal civil rights complaint. The suit, which may become a class action, possibly affects thousands of prisoners.

The averments of the complaint are essentially the same as that found to be a correct statement of law in the unpublished opinion in Ankeney v. Raemisch, 2013 Colo. App. Lexis 1312. That opinion granted a habeas corpus petition brought by then-CDOC prisoner Randal Ankeney.

Before going to prison, Ankeney was the El Paso County Attorney, and a rising star in the Republican Party. He was arrested in 2001 and later pleaded guilty to attempted sexual assault on a minor. He was sentenced to 30 months in prison.

He was arrested again in 2006 on charges of felony child abuse and unlawful sexual contact and stalking. He received concurrent sentences of three years in prison with two years mandatory parole and eight years prison with three years mandatory parole.         

Had his sentence been calculated correctly, Ankeney should have been released on November 11, 2010. He was not released, due to CDOC’s policies, until 2013 after the appellate court reversed a lower court’s denial of his habeas petition. He has subsequently been released from parole.

Represented by attorney David A. Lane, Ankeney and three current prisoners filed suit challenging CDOC’s policy and seeking monetary damages.

 “The primary issue” in this case “is that CDOC believes that it has the authority to use its discretion in whether or not to apply the MRD [Mandatory Release Date] credit for earned or good time after CDOC has awarded an inmate that time.” By contrast, Ankeney alleged “that once CDOC has awarded an inmate that time, that inmate has a liberty interest in it; thus, CDOC must credit for determining the inmate’s MRD.”

The complaint alleged CDOC’s policy applies to all parole eligibility dates, and its failure to apply the good time to the MRD affects a prisoner’s quality of life and possibly results in parole denial because the MRD “is too far down the road.”

The three current prisoner plaintiffs, Fed Dale, Damen Thompson, and Alejandro Perez, alleged they were past or near their MRD with proper credit application. PLN will report developments of the suit, which was filed on January 3, 2014, as they occur. See: Ankeney v. State of Colorado, USDC, D. Colorado, Case No 1:14-CV-00007.

The state Supreme Court ruled against Ankeney on the good time claim in March 2015; following that decision, the federal case was dismissed.

Additional sources: www.correctionsone.com, The Gazette

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