Thomas v. Merritt

Summary

The Alabama Supreme Court considered consolidated appeals arising from deductions and fees imposed by the Alabama Department of Corrections on work-release inmates. The court dismissed Merritt’s appeal as untimely and held that the 40% withholding limit in Alabama Code § 14-8-6 applies to costs incident to confinement, but does not bar additional charges for costs arising from optional work-release participation or other specified conduct. The court reversed and remanded the Department’s appeal.

Holdings

1. The appeal was untimely because Merritt filed his notice of appeal more than 42 days after entry of the trial court's final judgment, and the Rule 62 renewed escrow motion did not toll the appeal period.
2. The 40% limit in § 14-8-6 applies to earnings withheld for costs incident to an inmate's confinement, not to every charge the Department may impose.
3. The Department may collect, in excess of the 40% withholding threshold, costs that are not incident to an inmate's confinement, including transportation costs and other fees stemming from participation in the optional work-release program.

Questions Presented

1. Whether Merritt's notice of appeal in case no. 1120264 was timely and therefore sufficient to invoke appellate jurisdiction.
2. Whether § 14-8-6, Ala. Code 1975, imposes an absolute 40% cap on all amounts the Department may collect from work-release inmates.
3. Whether charges that are not costs incident to an inmate's confinement, including transportation and other fees arising from voluntary participation in work release, may be collected in excess of the 40% withholding cap.

Disposition

reversed_and_remanded