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Jellison v. Montana Department of Corrections

Supreme Court of Montana

October 30, 2013

GREGORY JOHN JELLISON, Petitioner,
v.
MONTANA DEPARTMENT OF CORRECTIONS, Respondent.

ORDER

Appearing pro se, Gregory John Jellison (Jellison) has filed a petition for a Writ of Habeas Corpus. Jellison argues that his four robbery convictions should not subject him to the registration requirements under Montana's Sexual or Violent Offender Registration Act, §46-18-801, MCA.

Jellison specifically alleges that the registration requirement constituted ex post facto punishment as applied to him because the registration law did not exist at the time of Jellison's conviction. Jellison further argues that the registration requirement prevents him from having his full rights restored upon the completion of state supervision. Jellison further suggests that the registration requirement impermissibly infringes upon his constitutional right to privacy. Jellison lastly argues that the registration requirement places him in double jeopardy. Jellison does not explain his arguments at any length beyond these allegations. We have reviewed and considered all of the documents that Jellison has submitted.

A person imprisoned or otherwise restrained of liberty "may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint." Section 46-22-101(1), MCA. The writ of habeas corpus is not available, however, to "attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal." Section 46-22-101(2), MCA.

Montana's Sexual or Violent Offender Registration Act constitutes a non-punitive civil regulation. State v. Mount, 2003 MT 275, If 89, 317 Mont. 481, 78 P.3d 829. A civil regulatory law generally does not constitute a restraint on liberty. Mount, ¶ 43. Jellison must make a prima facie showing, therefore, that the registration requirement constitutes a violation of his constitutional, statutory, or legal rights. Miller v. Eleventh Judicial Dist. Court, ¶ 14, 2007 MT 58, 336 Mont. 207, 154 P.3d 1186.

Jellison fails to allege that he has failed to register or that the State has subjected him to any punishment. Jellison similarly fails to argue that his sentence exceeds constitutional limits. Jellison's overall argument that he should not have to register as a violent offender falls outside the purposes of habeas relief.

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 Gregory John Jellison and to all counsels of record.


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