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State v. Razmyslowski

September 16, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
ROBIN JOHN RAZMYSLOWSKI, APPELLANT.



Polk County District Court File No. K1-90-1282

Considered and decided by Lansing, Presiding Judge, Toussaint, Chief Judge, Schumacher, Judge.

SYLLABUS BY THE COURT

A criminal defendant who, as a condition of probation, is required to complete treatment at a residential treatment facility is entitled to receive jail credit where the record demonstrates the level of confinement and limitations imposed are the functional equivalent of a jail, workhouse, or regional correctional facility.

The opinion of the court was delivered by: Toussaint, Chief Judge

Reversed and remanded

Opinion

In this post-conviction appeal, appellant seeks an award of jail credit for the time he spent at the state correctional hospital in a court-ordered intensive sex-offender treatment program. Appellant argues that the denial of credit for the more than four years he spent at the secure facility violates equal protection. He further argues that there is no rational basis to distinguish the program at the correctional hospital from treatment programs at state correctional facilities.

Facts

In early 1991, appellant Robin John Razmyslowski pleaded guilty to two counts of first-degree criminal sexual conduct and three counts of second-degree criminal sexual conduct. He was sentenced to an aggregate term of 122 months, stayed for 25 years, conditioned on his completion of all phases of the Intensive Treatment Program for Sexual Aggressives (ITPSA) at the Minnesota Security Hospital in St. Peter.

On December 18, 1991, Razmyslowski was admitted to ITPSA. On June 30, 1996, the ITPSA program was discontinued and Razmyslowski was returned to Polk County. The district court found that Razmyslowski was in violation of probation for failure to complete ITPSA. The court reinstated probation, conditioned on Razmyslowski being confined to the local correctional facility for one year with privileges to attend the Sexual Offender Treatment Program at Northwest Mental Health Center. In January 1997, after several months at the correctional facility, the district court ordered Razmyslowski to spend the balance of his incarceration under house arrest.

On September 22, 1998, Razmyslowski was found in violation of his probation for having sex with a 13-year-old girl. He pleaded guilty to two counts of third-degree criminal sexual conduct. The district court then executed the stayed 122-month aggregated sentence and sentenced Razmyslowski to 51 months for the 1998 offenses, to run consecutively with the executed sentence. The district court denied jail credit for the time Razmyslowski had spent in ITPSA.

Razmyslowski filed motions to correct the sentence he received for the 1998 offenses and for jail credit for time spent at ITPSA. The district court denied both motions and Razmyslowski appealed.

On appeal, this court corrected the sentence to 39 months, but affirmed the denial of jail credit for the ITPSA program. State v. Razmyslowski, Nos. C7-99-1322 & C5-99-1559, 2000 WL 343211 (Minn. App. Apr. 4, 2000), review denied (Minn. June 13, 2000). In denying Razmyslowski's request for jail credit, this court determined that Razmyslowski failed to provide a record to show that his confinement in the ITPSA program was the equivalent of incarceration in a correctional facility. Id. at *2. The Minnesota Supreme Court denied Razmyslowski's petition for review, but preserved his constitutional claims for reasserting in a petition for post-conviction relief. State v. Razmyslowski, No. C7-99-1322 (Minn. June 13, 2000).

On December 23, 2002, Razmyslowski filed this petition for post-conviction relief seeking credit for time spent at ITPSA. The post-conviction court granted Razmyslowski's request for jail credit for the 37 days spent at The Security Hospital for evaluation, but denied credit for ...


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