On appeal from a Final Agency Decision of the New Jersey Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 13, 2010
Before Judges Fisher and Sapp-Peterson.
Willie Williams is an inmate at Southern State Correctional Facility. He appeals from a final administrative decision denying his application for work and commutation credits. N.J.A.C. 10A:9-5.2(c). We affirm.
In 1978, defendant commenced a fourteen-year custodial sentence in connection with two robbery and two armed robbery convictions. At that time, he had accumulated 451 jail credits.
Sixteen months later, he was sentenced to serve a fifteen-year term of imprisonment with a ten-year period of parole ineligibility for another robbery conviction as well as a conviction for a weapons offense. Four years later, the court imposed a life sentence with a twenty-five-year period of parole ineligibility for first-degree murder.
The sentences were all ordered to be served consecutively, resulting in a total aggregate mandatory minimum period of parole ineligibility of forty-seven years. His mandatory period of incarceration will not expire until October 18, 2022.
In 2008, Williams filed an Inmate Remedy System Form requesting that his commutation, minimum credits and work credits be applied against his life sentence. The application was ultimately considered by the Department of Corrections (DOC) Classification Department, which responded that "there is no max date on a life term; therefore[,] a calculation cannot be completed. Work, minimum and commutation credits will not reduce a life term." The present appeal followed.
On appeal, Williams contends:
THE DOC'S DECISION TO DENY APPELLANT APPROXIMATELY 4439 COMMUTATION AND WORK CREDITS TO REMIT HIS SENTENCE IS ARBITRARY AS IT CONTRAVENES THE LEGISLATIVE INTENT OF THE 2C PENAL CODE AND THE PAROLE ACT OF 1979 IN VIOLATION OF THE DUE PROCESS CLAUSES OF THE [U.S. CONST. AMEND. XIV] AND [THE N.J. CONST. ART. I, ¶ 1].
i. THE DOC IS IN VIOLATION OF EXPRESS OR IMPLIED LEGISLATIVE ...