Samuel Scott Johnson v. Mike Mahoney, Warden, and State of Montana, 2009 MT 275, 352 Mont. 136

Summary

The Supreme Court of Montana treated Johnson’s attempted appeal from the denial of habeas corpus as an original habeas petition. The court denied and dismissed the petition, holding that the residential sex offender treatment program authorized by section 46-18-207, MCA (2007), had not yet been established, that Johnson was ineligible because of his aggravated kidnapping conviction, and that participation was discretionary with the Department of Corrections.

Holdings

1. Although denial of a writ of habeas corpus by a district court is not appealable, the Supreme Court may treat the filing as an original petition for habeas corpus.
2. Johnson was not entitled to habeas relief or sentence suspension because the residential sexual-offender treatment program contemplated by section 46-18-207 had not been established, and his prior treatment did not constitute completion of that statutory program.
3. Johnson was ineligible for the residential sexual-offender treatment program because his aggravated-kidnapping conviction fell within the statutory exclusion in section 46-18-207(4)(a), MCA.
4. Even if Johnson were otherwise eligible, participation in the program would remain subject to the Department of Corrections' discretion because the statute states that the Department may, rather than must, place an offender in the program.

Questions Presented

1. Whether the Supreme Court could review the District Court's denial of Johnson's habeas petition by treating the matter as an original habeas proceeding.
2. Whether Johnson was entitled to habeas relief or sentence suspension under section 46-18-207, MCA (2007), based on his prior participation in sex-offender treatment programs.
3. Whether Johnson was eligible for placement in the statutory residential sexual-offender treatment program.
4. Whether participation in the program was mandatory for the Department of Corrections or subject to its discretion.

Disposition

dismissed