Dean v. Department of Corrections

i

We granted leave in this case to determine whether disciplinary credits or other forms of sentence-credit reductions can be applied against a minimum term of imprisonment that has been imposed pursuant to the downward departure provisions of MCL 333.7401(4); MSA 14.15(7401)(4) and MCL 333.7403(3); MSA 14.15(7403)(3).

Plaintiff contends that a departure from a minimum sentence pursuant to subsection 7401(4) or subsection 7403(3) necessarily means that a defendant is no longer “subject to a mandatory term of imprisonment” pursuant to subsection 7401(3) and so is eligible to receive disciplinary…