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Iafornaro v. O'Fallon

Supreme Court of Montana

July 10, 2013

WARDEN O'FALLON, Respondent.


By way of a petition for a writ of habeas corpus, Petitioner Anthony Iafornaro (Iafornaro) seeks credit for time served while on parole. The Department of Corrections (DOC) has filed a response on behalf of the Board of Pardons and Parole (Board) which explains the relevant facts from the Board's perspective.

In February 2005, Iafornaro was convicted of Attempted Kidnapping and sentenced to Montana State Prison for 10 years. The Board granted Iafornaro parole on May 31, 2007, which was revoked on October 30, 2008. Iafornaro was on parole again when his supervising officer issued him a travel permit on November 28, 2011, to spend the holidays with his daughter in Virginia. The permit directed Iafornaro to meet with his supervising officer on February 17, 2012, but he failed to appear.

On April 13, 2012, Iafornaro was arrested and jailed by the Nevada Department of Public Safety for failing to register as a violent offender. Iafornaro's Montana supervising officer issued a report of violation that indicated Iafornaro had violated several conditions of his parole. The response indicates that on July 3, 2013, a Nevada court sentenced Iafornaro to 10 months in the county jail, with 82 days of credit for time served. Upon the information that Iafornaro would serve his Nevada jail sentence prior to expiration of his Montana parole, a warrant for Iafornaro's arrest was issued. Montana received custody of Iafornaro on October 11, 2012.

Iafornaro claims that he sought medical attention for his mental illness at a veteran's hospital in Reno, Nevada, where he was hospitalized. He indicates that he was hospitalized until April 13, 2012, when he was arrested and held until Montana decided to extradite him on October 11, 2012. He claims entitlement to credit for time served against his Montana sentence from February 17 through October 11, 2012, which would result in the discharge of his sentence.

The response and exhibits thereto indicate that a detainer and warrant for Iafornaro's arrest was issued on September 20, 2012. Upon his return to Montana, the Board conducted a hearing on the alleged violations of conditions of Iafornaro's parole and determined that he left his assigned travel district without permission, failed to report, absconded from supervision, failed to register as a violent offender while he was a parole absconder, and failed to enroll in sex offender treatment. The Board allocated as "dead time, " the time from his first parole violation on February 17 until Iafornaro's October 11, 2012 return to Montana custody, and declined any credit for time served.

The DOC response cites Admin. R. M. 20.25.801 which prescribes that "[i]f a hearing panel determines that the offender has violated the provisions of release, the hearing panel, at its sole discretion will determine the amount of time, if any, that will be counted as time served while the parolee was in violation of the provisions of release." This Court's ruling in State v. Hornstein, 2010 MT 75, ΒΆ 16, 356 Mont. 14, 229 P.3d 1206, supports this conclusion. Therein, we recognized the Board's broad discretion that "the Parole Board is an administrative agency and its determination about 'dead time' on parole is an administrative matter within its broad discretion."

Accordingly, the Board has the "last word" here. Iafornaro has offered this Court no authority or basis to disturb the Board's decision, and we decline to do so. Therefore,

IT IS ORDERED that the petition for a writ of habeas corpus is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Anthony Iafornaro.

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