Opinion
Cr. A. No. 98M-01-032 RSG.
January 21, 1999. Writ of Mandamus Denied, Motion Denied: February 8, 2000
ORDER
NOW THIS 21st day of January, 1999, upon consideration of the Petition for a Writ of Mandamus and submitted by Cornelius A. Harley ("Petitioner"), it appears to the Court that:
1. Petitioner is currently incarcerated in the Delaware Department of Corrections ("DOC") facility in Smyrna, Delaware. On November 10, 1998 Petitioner submitted to this Court a Petition for a Writ of Mandamus to direct the Delaware Correctional Center and Records Department to review good time credits not accounted for and not posted to his record.
2. "A writ of mandamus may be issued by the Superior Court to an inferior court . . ., or agency to compel the performance of a duty to which the petitioner has established a clear legal right." Not only must the person seeking to compel performance by mandamus proceedings show a clear right to have such duty performed, he must also show the absence of any other adequate remedy.
3. "The purpose of good time in Delaware has been described as an `administrative rehabilitative device' that provides for an inmate's early release from his or her term of imprisonment." The allowance of good time to an inmate is a matter of statute. Good time consists of two types of credits: behavior credits and merit credits. Behavior credits may be awarded for an inmate's continuing compliance with the DOC's disciplinary rules and regulations. Merit credits may be earned for an inmate's participation in certain education, rehabilitation or work programs.
4. Section 11 Del. C. § 4381(c) of Title 11 of the Delaware Code states that the Commissioner may designate the appropriate educational and/or rehabilitation programs eligible for good time credits. In his petition, Petitioner asserts that he is entitled to receive good time credit for his participation in various rehabilitation programs such as school, work or drug programs. Petitioner has been granted credit for posted programs for which good time credits are awarded in accordance with DOC procedures and standards for awarding good time credit under 11 Del. C. § 4381(c).
On May 15, 1992, Defendant was sentenced by The Honorable Richard S. Gebelein to serve eight years at Level V with credit given for three days previously served. Defendant was admitted to the DOG facility in Smyrna, Delaware on May 21, 1992. His short-term release date as a result of meritorious credits earned is April 23, 1999.
Snyder v. Andrews, Del. Super, 708 A.2d 237, 239 (1998) citing dough v. State, Del. Super., 686 A.2d 158, 159 (1996).
State ex. rel. Lyons v. McDowell, Del. Super., 57 A.2d 94, 97 (1947).
Snyder, 708 A.2d at 242; Woodward v. Department of Corrections, Del.Super., 415 A.2d 782, 784, aff'd, 416 A.2d 1225 (1980).
The Truth in Sentencing Act of 1989 retained a modified good time system, which continues to allow prison officials to release an inmate from jail prior to serving the fUll sentence imposed by the court. Snyder, 708 A.2d at 245. Good time credits earned do not lessen the overall sentence imposed by the court, but merely permit the substitution of a different form of discipline for prison discipline. Id at 246. Title 11 Del. C. § 4381 of the Delaware Code is titled "Earned good time" and provides in full:
(a) All sentences imposed for any offenses other than a life sentence imposed for class A felonies may be reduced by earned good time under the provisions of this section and rules and regulations adopted by the commissioner of Corrections.
(b) "Good time" may be earned for good behavior while in the custody of the Department of Corrections when the person has not been guilty of any violation of discipline, rules of the Department or any criminal activity and has labored with diligence toward rehabilitation according to the following conditions:
(1) During the first year of any sentence, good time may be awarded at the rate of 2 days per month beginning on the first day of confinement.
(2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month.
(3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any 1 year consisting of 365 calendar days actually served.
(c) Good may be earned for participation in educational and/or rehabilitation programs as designated by the Commissioner under the following condition.
(1) Good time may be awarded for satisfactory participation in approved programs at a rate of up to 2 days per calendar month.
(2) No more than 24 days of program good time total as established in this subsection may be awarded in any 1 year consisting of 365 days actually served.
(d) Good time may be earned by participation in work programs as authorized by § 6532 of this title at a rate of up to 2.5 days per month with a limit of 30 days earned during any 1 year consisting of 365 days actually served.
(e) No more than a total of 90 days of good time may be earned in any 1 year consisting of 365 days actually served.
Snyder, 708 A.2d at 242.
Id.
Id.
THEREFORE, this 21st day of January, 1999, for the foregoing reasons, Petitioner's request to issue a Writ of Mandamus against the DOC is DENIED. FURTHERMORE, Petitioner's Motion for Default Judgment is DENIED.
IT IS SO ORDERED.