Closs v. South Dakota Board of Pardons & Paroles

[¶ 37.] I dissent because the denial of fourteen months credit for time served:

1) penalizes Closs for prevailing on his application for habeas corpus;

2) burdens Closs’ right to pursue relief through habeas corpus proceedings;

3) allows disparate treatment of inmates based on whether the court grants the State a stay pending appeal or has the inmate involuntarily committed to a mental institution;

4) extends Closs’ time in state custody by fourteen months without cause.

[¶ 38.] I do not question the propriety or ability of the Department of Corrections to institute involuntary commitment…