Joseph Scott Hunter v. Robert L. Ayers, Warden

The sole issue in this case is whether a change in California parole regulations was unconstitutionally retroactive. The district court concluded that it was, and we agree.

Facts

Hunter had been convicted of rape and related serious crimes and began serving a 39-year sentence in 1981. Prisoners in most penal systems get “good time,” which means time deducted from their term of incarceration for good behavior. They lose good time for misconduct. This system gives prisons a disciplinary tool, especially for offenses too minor to merit additional criminal prosecution. Hunter’s good time, not his 39-year sentence, is the subject of this case.

Hunter got caught drinking “pruno” on February 22, 1996. Pruno is a fermented drink made by prisoners from scraps of fruit and vegetables. After a hearing, he was assessed 120 days of good time. This assessment meant that he would have had to spend four months more of his underlying 39-year sentence in prison before his release. Under the prison regulations in place when Hunter committed his infraction, he was entitled to get a portion of this good time back after a period of good behavior. But a prior change in the statute governing…