Clifford Hamlin petitions this Court for habeas corpus
relief, asserting that he is illegally incarcerated due to a
2018 disciplinary hearing and a bond he posted on a new
felony charge. He argues his due process rights were violated
pursuant to §§ 46-23-1023 through 46-23-1025, MCA,
and "the Department of Corrections failed to abide by
due process and failed in their own policy and procedure in
using the revocation process in returning Hamlin to Prison
and impeding [h]is liberty interests." Hamlin maintains
he did not violate his conditional release prior to his
transport to prison. He requests his release via an
"order of Mandamus" to Powell County.
receiving Hamlin's guilty pleas to two counts of felony
criminal possession of dangerous drugs, the First Judicial
District Court, Lewis and Clark County, sentenced Hamlin on
July 15, 2015, to the Department of Corrections (DOC) for two
concurrent twenty-year terms with fifteen years suspended,
and imposed several probationary conditions. Hamlin states
that he was released from Helena Pre-Release to conditional
release on January 23, 2017, "subject to the rules of
Probation and Parole, in addition the Montana Incentives and
indicates he was charged with felony stalking on January 18,
2018, and appeared before the Justice Court and posted a bond
of $25, 000. Probation and Parole fitted him with a GPS
locator and he "was ordered to stay 1, 500 feet away
from the victim." Hamlin refers to an unspecified
"incident" on January 24, 2018, after which
Probation and Parole Officers transferred him to Montana
State Prison's Martz Diagnostic Intake Unit (MDIU). He
states that he appeared via video conference before the First
Judicial District Court on February 7, 2018, entered a not
guilty plea to the new charge, and had a bond set of $25, 000
subject to conditions.
is not incarcerated illegally. Hamlin acknowledges he was
subject to the rules of Probation and Parole, and based on
the limited information he submitted, the DOC has not
violated any rules concerning his parole revocation process.
In Montana, the parole revocation process has been codified
in both statutes and administrative rules. Sections
46-23-1021, 46-23-1023, and 46-23-1025, MCA; Admin. R. M.
20.25.801 (2016). As stated in the DOC's Adult Probation
and Parole Statement of Charges/Notice of Disciplinary
Hearing Rights, dated January 25, 2018, Hamlin violated his
probation and parole conditions and therefore his conditional
charged with violating the rules in the following manner:
1. Condition #8 P&P Rule #124 (Severe) Felony - Violation
of State Law: Hamlin has 5 pending violation[s] of a
restraining order and 1 stalking charges all felonies. . . .
Charles admitted that he was behind her in a vehicle and
passed that vehicle. He admitted that he had gone to Pele
Trailer Park to drop off Dusty Cooper, who is on supervision.
. . .
admitted to being where he should not have been.
here is the administrative rules which govern this process.
The DOC must conduct an on-site hearing near the site of the
alleged violation. Admin, R. M. 20.25.801(1) and (5) (2016).
The DOC held a hearing at the Lewis and Clark County
Detention Center on January 25, 2018. In the DOC's
document, Hamlin was given notice of his scheduled
disciplinary hearing, which he did not waive, and was given
notice of his rights during this hearing. Hamlin acknowledged
these facts by initialing the document. Hamlin may then be
transferred to a state prison "after a hearing officer
has determined there is probable cause to hold the parolee
for a final decision of the board." Admin. R. M.
20.25.801(8) (2016). Hamlin was then transported to prison
later that day. The DOC has not violated the revocation
process or his due process rights.
secured copies of the Lewis and Clark County District
Court's dockets for Hamlin's proceedings. Concerning
his new felony offense and bond, Hamlin has appointed counsel
and has had an appearance for his bond and any conditions.
This Court cautions Hamlin to refrain from filing pleadings
with this Court while he is represented by counsel. Courts
may properly refuse to accept pro se pleadings from
defendants who are represented by counsel. State v.
Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d
is not entitled to release. The purpose of a petition of a
writ of habeas corpus is to inquire into the cause of
imprisonment or restraint. Section 46-22-101(1), MCA. The
reason for Hamlin's incarceration is due to his recent
violation of his conditions. He awaits prosecution of his new
offense in the District Court. He has not demonstrated an
illegal incarceration. Section 46-22-101(1), MCA; Miller
v. Eleventh Judicial Dist. Ct., 2007 MT 58, ¶ 14,
336 Mont. 207, 154 P.3d 1186. Accordingly, IT IS ORDERED that
Hamlin's Petition for a Writ of Habeas Corpus is DENIED.
Clerk is directed to send a copy of this Order to counsel of
record; to Jeffrey Todd Sealey, Lewis and Clark County
Attorney's Office; to Randi M. Hood, Defense ...