In an unusual mea culpa, the state's highest court said yesterday that it did not mean for Maryland prison officials to recalculate the sentences of nearly 2,000 inmates, prompting the rearrest last spring of 53 freed prisoners.
The admission came in a Court of Appeals opinion -- issued after a 4-3 vote by the judges -- that a former inmate should not have been rearrested.
"We inadvertently led the Division [of Corrections] to a conclusion that was both unintended and erroneous," according the opinion written by Judge Alan M. Wilner.
Prison officials in May lengthened some inmates' sentences and rearrested some former prisoners because they believed that the court had ordered the recalculation of "good time credits" -- days shaved off a prison sentence for good behavior.
Yesterday's opinion appears to suggest that prison officials should return to their previous method of determining the amount of time off sentences granted for good behavior. The opinion opens the door for more than 100 prisoners -- whose sentences were lengthened by the recalculations -- to be freed.
State officials said they need time to review the opinion before making any decisions.
"I'm not sure we're in a position to state concretely what we are going to do," said Stuart M. Nathan, an assistant attorney general who represents the state prison system. He said prison system officials "are going through this very carefully to determine what course of action there is going to be."
Nathan said: "It's confusing to me. I can't imagine it's not confusing to everyone else. It appeared it was confusing to the court."
The recalculations in sentences came after a March Court of Appeals ruling in the case of Beshears vs. Wickes, in which an inmate claimed he was cheated out of good time credits.
In 1992, the state increased the amount of time off for good behavior for nonviolent offenders from five days to 10 days per month served. Wickes, who had been released from prison after serving a sentence for rape, was later imprisoned for burglary. Prison officials gave him only the five-day credit as a violent offender.
Court agrees with inmate
Wickes argued that he deserved the 10-day good time credit for the second sentence because it was for a nonviolent offense.
The court granted Wickes' request. The ruling meant that inmates who served time before 1992, then were convicted of a subsequent crime and returned to prison after 1992, must have their sentences treated as two separate terms of confinement for the calculation of good time credits.
