Court-Martial Trial Practice Blog
Thanks to CAAFLog there is news about the military mandatory release program imposed on those convicted and sentenced at court-martial.
Judge Rogers of the 10th Circuit has found the program to be legal and constitutional, in Huschak v. Gray, 642 F. Supp. 2d 1268 (D. Kan. 2009). (United States v. Huschak, ACM 35382 (A. F. Ct. Crim. App. 28 June 2004) aff’d 61 M.J. 154 (C.A.A.F. 2005). He was sentenced to 10 years of confinement, and the CA reduced confinement to 8 years. As Judge Rogers notes, no issues relating to the MSRP were raised at trial or on appeal. The case preceded United States v. Pena.
In the old days the military prisoner who reached the MRD would be released from confinement and released. There was no consequence to their current sentence if they got in more trouble, also the government couldn’t impose conditions on that release such as attending sex offender treatment programs. That meant that as they got closer to parole eligibility the prisoner started to think about gaming the system. At the time a paroled prisoner would be on the military leash up until their FTD, they could have parole revoked, and the could be back serving every day of the adjudged sentence. Typically that meant that a prisoner offered parole during their last year up to MRD gamed the system and refused parole. They’d have to serve up to their MRD for several more months, but it was better than being on the government leash for several more years through the parole system.