In the Matter of the Personal Restraint of Teddy Glen Talley

Summary

The Supreme Court of Washington held that former RCW 9.92.151 required county jails to provide presentence inmates with opportunities to earn good-time, or earned early-release, credit. Because Skamania County's jail policy provided no such opportunity to Talley, the court held that he was entitled to good-time credit at the statutory maximum rate of 15 percent. The court did not reach Talley's equal protection claim and remanded for implementation of the credit award.

Holdings

1. The statutory issue was properly before the Supreme Court because the commissioner ordered briefing on it and the Supreme Court ratified that ruling by granting discretionary review.
2. Former RCW 9.92.151(1) required a county jail's earned-early-release program to allow an offender to earn early-release credits for presentence incarceration. A policy that categorically denied presentence inmates any opportunity to earn such credit violated the statute.
3. Because the county jail provided no opportunity for Talley to earn good-time credit, Talley was entitled to earned early-release credit at the statutory maximum rate of 15 percent for the time he served in the county jail before sentencing.
4. The court did not decide the constitutional equal-protection issue because the statutory violation resolved the case.

Questions Presented

1. Whether the statutory issue concerning former RCW 9.92.151 was properly before the Supreme Court despite not being raised in Talley's motion for discretionary review.
2. Whether former RCW 9.92.151(1) required a county jail to provide a presentence inmate with an opportunity to earn good-time or earned early-release credit.
3. What remedy was appropriate for the county jail's failure to provide Talley that statutory opportunity.
4. Whether the denial of presentence good-time-credit opportunities violated the federal Equal Protection Clause.

Disposition

remanded