### STATE OF LOUISIANA COURT OF APPEAL 

### FIRST CIRCUIT 2023 CA 0203 

### 2023 CW 0099

DERRICK WOODBERRY 

### 4vr VERSUS 

### jr, t') 

### LOUISIANA DEPARTMENT OF

PUBLIC SAFETY AND CORRECTIONS Judgment Rendered:

Appealed from the 19th Judicial District Court Parish of East Baton Rouge, State of Louisiana

No. C681512 

### The Honorable Timothy E. Kelley, Judge Presiding



### Derrick Woodberry St, Gabriel, Louisiana 

### SEP 1. 5 2023

Plaintiff/

Appellant, In Proper Person



### Jonathan Vining Defendant/Appellee, Baton Rouge, Louisiana Louisiana Department of 

### Public Safety and Corrections

BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.WOLFE, J.



### Derrick Woodberry, an inmate in the custody ofthe Louisiana Department of Public Safety and Corrections ( DPSC), 

### filed a supervisory writ application and an appeal of the district court' s judgment that affirmed DPSC' s final decision in 

### Administrative Remedy Procedure ( ARP) number LSP - 2018- 2482 and dismissed his petition forjudicial review ofthat decision. We affirm thejudgment and dismiss the writ application. FACTS AND PROCEDURAL HISTORY 

### In 1995, Woodberry was convicted of a sex offense and other crimes, and 

### sentenced toterms ofimprisonmentthatwere orderedto run concurrentwith athirtyfive - year sentence.' 

### While incarcerated, he opted to forego earning incentive wages 

### in exchange for earning good time credits toward early release. As a result of the 

### good time credits he earned, Woodberry was determined to be eligible for release in November 2011. As a convicted sex offender, DPSC regulations and Louisiana law 

### required Woodberry to have an approved residence plan prior to release. Since 

### Woodberry did not have an approved residence, hewas advisedthat hewould remain incarcerated until he had an approved plan or until he completed the full term ofhis

sentence. 

### The only proposed residence plan contained in the record was rejected 

### due to the residence' s proximityto a playground. While he remained incarcerated, a detainerwas placed on Woodberry, and he was arrested and convicted of additional charges.2 

### In January 2014, he was sentenced to terms of imprisonment that were ordered to run concurrent with two 

### life sentences. In relationtothose sentences, DPSC determined thatWoodberrywas eligible to earn incentive wages as ofApril 20, 2014.

See Orleans Parish Criminal District Court, Docket Number 371- 742.
2 See Orleans Parish Criminal District Court, Docket Number 512- 931. 2

### Woodberry now contends that he is owed all incentive wages " earned" while



### serving his original sentence— i.e., 

### the incentive wages he bargained away when he opted into the good time program. 

### Woodberry reasons that since he was never 

### released from custody, he never " received" the good time credits he earned and is 

### alternatively owed the wages. 

### Woodberry filed an ARP, seeking backpay ofthe 

### incentive wages, alleging he " was deprived of [ them] without due process of law." 

## DPSCdeniedtheARP atboththefirstandsecondsteps.3 In its secondstep response, DPSC explained that Woodberry was not entitled to incentive wages while earning good time credits againstthe original thirty - five-year sentence. 

### Unsatisfied with DPSC' s response, Woodberry filed a petition forjudicial review in the Nineteenth Judicial District Court. The matter was referred to a 

### commissioner for screening pursuant to La. R.S. 15: 1178 and La. R.S. 

### 15: 1188.4 The commissioner recommended that the district court affirm DPSC' s decision and 

### dismiss Woodberry's petition with prejudice. In herreport,the commissioner noted 

### that the record contained no indication that Woodberry filed a petition forjudicial review contesting DPSC' s failure to release him on his scheduled good time release date in 2011, nor had any party alluded to such. The commissioner further noted 

### that ifWoodberry had notbeen sentenced onthe newconvictions, DPSC would have been required to hold him in custody until an approved residence planwas submitted or until his full-term release date. 

### The commissioner concluded that Woodberry' s failure to submit an adequate residence plan so that he could be released on his good

3 

### In its first step response, DPSC denied Woodberry' s claim forbackpay ofthe wages he would have received ifhe had notopted intothe good time program, but noted that Woodberrywas owed a pay supplement for " a few weeks" that were missed after April 20, 2014. The payment of incentive wages after 2014 is not at issue in this appeal.
4 The office of commissioner for the Nineteenth Judicial District Court was created to hear and recommend disposition ofcriminal and civil proceedings arising out ofthe incarceration of state prisoners. La. R.S. 13: 711 and 13: 713(A). The district courtjudge "may accept, reject, or modify 

### in whole or in part the findings or recommendation made by the commissioner and also may receive further evidence or recommit the matter to the commissioner with instructions." La. R.S. 13: 713( C)( 5). 3time release date did not void the good time contract. The commissioner found no



### evidence to show that DPSC breached the contract' s terms and no authority to support Woodberry' s request forbackpay ofthe incentive wages he forfeited. After de novo review, the trial court adopted the commissioner' s reasons as its own, affirmed DPSC' s decision, and dismissed the petition forjudicial review. DISCUSSION 

### Judicial review ofthis matter is governed by La. R.S. 15: 1177, which allows 

### a reviewing courtto reverse or modify DPSC' s decision only ifsubstantial rights of the appellant have been prejudiced because the administrative decisions or findings are: ( 1) 

### in violation of constitutional or statutory provisions; ( 2) in excess of the 

### statutory authority ofthe agency; (3) made upon unlawful procedure; (

### 4) affected by other error of law; ( 5) arbitrary, capricious, 

### or characterized by an abuse of discretion; or ( 6) 

### manifestly erroneous in view of the reliable, probative, and substantial evidence on the whole record. 

### When reviewing DPSC' s decision, the district court functions as an appellate court. Marchand v. Louisiana Department 

### of Public Safety & 

### Corrections,2020-0747 (La.App. 1st Cir.2124121), 322 So.3d 269, 272, writ denied, 2021- 00457 (La. 9/27/21), 

### 324 So.3d 104. An aggrieved party may appeal a finaljudgment ofthe district court to the appropriate appellate court.' La. R.S. 15: 1177(A)( 10). On appeal ofthe district court' s judgment, the appellate court reviews the administrative record de novo under the criteria of La. R.S. 15: 1177(A)(9). Marchand, 322 So.3d at 273. The appellate court owes no deference to the district court' s factual findings or legal conclusions, just as the 

### Woodberry filed a supervisory writ application and an appeal, seeking review ofthe district court' s judgment. The writ application was referred to this appellate panel. 

### See Woodberry v. Louisiana Department ofPublic Safety and Corrections,2023-0099 (La.App. 1st Cir.4/24123) unpublished writ action). Sincethe district court' sjudgment dismissed Woodberry's petition for judicial review, it is a final, appealablejudgment. See La. R.S. 15: 1177(A)(10); Bell v. Louisiana Department of Public Safety and Corrections, 2019-0755 (La.App. 1st Cir.9117119), 2019 WL 4447590 ( unpublished writ action). 

### Accordingly, we dismiss Woodberry's supervisory writ application and consider the merits of Woodberry' s appeal. Cf. Anderson v. Laborde Construction Industries, L.L.C., 2019-0356 (La. App. 1st Cir. 3112120), 311 So.3d 1072, 1079 n.9. 91Louisiana Supreme Court owes no deference to the factual findings or legal

conclusions ofthe appellate court. Marchand, 322 So.2d at 273. 

### On appeal, Woodberry arguesthat he is constitutionally entitledto receive the incentive wages he would have been paid if he had not opted to receive good time 

### credits, as DPSC lacks authority to withhold the wages when it did not award the good time credits earned. He acknowledges that La. R.S. 15: 574.4. 3 requires that 

### sex offenders have an approved residence plan priorto good time release.6 He states that he " 

### does not contest the language or authority of [ that] statute with respect to his release orany liberty interest." However, he complains that La. R.S. 15: 574.4.3 

### was not in effect and he was not advised of any such residence plan requirement when he waived his incentive wages to earn good time credits. He further complains 

### that DPSC has failed to promulgate rules and regulations expressly informing inmates that incentive wages would be lost ifno residence plan is approved. This court has held that the law in effect at the time of release governs the terms of release, rather than the law in effect at the time of the commission ofthe 

### underlying offense or at the time the inmate enters into the good time credits program. Bancroft v. Louisiana Department of Corrections, 635 So.2d 738, 741 

### La.App. 1st Cir. 1994). Further, "[

### t]he factthat [an inmate] has a constitutionally

6 

### Inmates released from custodyas aresult ofdiminution ofsentence based on good time credits are released as ifon parole. La. R.S. 15: 571. 5( A); State ex rel. Square v. State, 2015- 1409 ( La. 1113117), 206 So.3d 872, 872- 73 ( per curiam); Bancroft v. Louisiana Department of Corrections, 635 So.2d 738, 740-41 ( La. App. 1st Cir. 1994). Louisiana Revised Statutes 15: 574.4.3( E)( 1), whichwas designated as La.R.S. 15: 574.4(5)( 1) priorto its amendmentby2010 La. Acts 241, § 1 ( eff.Aug. 15, 2010), provides: 

### In cases where parole is permitted by law and the offender is otherwise eligible, the committee on parole shall not grant parole to any sex offender either by an order ofthe committee on parole or office of adult services pursuant to R.S. 15: 571. 3 until the Department of Public Safety and Corrections, division of probation and parole, has assessed and approved the suitability ofthe residence plan of such offender. In approving the residence plan of the offender, the department shall consider the likelihood that the 

### offenderwill be able to comply with all ofthe conditions ofhis parole. Woodberry correctly argues on appeal thatthe Commissioner' s report cited an incorrect statute for this requirement. Since we conduct do nova review of the administrative record while performing our review,that error is inconsequential. See Marchand, 322 So.3d at 273.
5

### protected interest in good time does not deprive the legislature ofthe right to enact



### legislation thatpossibly has the effect ofimpacting that statutorily created interest." Kozlowicz v. State, Department of Public Safety & Corrections, 2008- 1806 (La. 

### App. 1st Cir. 3/27/09), 9 So.3d 1000, 1006. 

### Any conditions imposed on an inmate 

### eligible forreleaseas a result ofdiminution ofsentence are valid so long asthey are lawful on the proposed date of release. Kozlowicz, 9 So.3d at 1007; Bancroft, 635 So.2d at 741. " 

### The factthatthose conditions may not have been required atthetime 

### the [inmate] chose to earn good time credit is not legally relevant." Kozlowicz, 9 So.3d at 1007 (citing Bancroft, 635 So.2d at 741); see also Thompson v. Louisiana 

### Department of Public Safety and Corrections, 2016-0545 ( La. App. 1st Cir. 2/ 17/ 17), 2017 WL 658734, * 3 ( unpublished) ( 

### finding that the imposition of an approved residence requirement prior to a sex offender' s release does not result in an ex postfacto application of law or violation of the Louisiana or United States Constitution). 

### Additionally,this court has recognized that the result ofan inmate opting to 

### earn good time credits is that the inmate becomes eligible for early release. See Kozlowicz, 9 So.3d at 1007; Bancroft, 635 So.2d at 741. There is no dispute that 

### Woodberry became eligible for early release based on his good time credits. However, he could not be released without an approved residence plan. We find no 

### constitutional violation by DPSC for its compliance with the mandates of La. R.S. 15: 574.4.3. 

### This court has previously recognized that DPSC takes no action to 

## deprive an inmate ofhis good time when it is statutorily prohibited from releasing the inmate because the inmate failed to comply with the approved residency requirement. Kozlowicz, 9 So.3d at 1006. 

### Woodberry raises arguments that DPSC bore the responsibility of obtaining an approved residence plan for him and that its failure to do so breached its contractual obligation to him. We find no merit to these arguments. See Thompson, 2417 WL 658734, * 

### 3 ( recognizing that it was 

### the obligation ofthe inmate to obtain an approved residence plan priorto his early release).
31In support of his contention that his good time option should be considered voided, 

### Woodberry argues that the good time form he signed provides that the 

### contractual agreement may be voided. The form requires that the inmate 

### acknowledge that he mayfail to earn goodtime through disciplinary actions orother means as provided by law and also " that [DPSC] may void this option at any time, in the event that it is determined that [the inmate is] ineligible to receive good time at this particular rate." However, 

### by signing the form the inmate explicitly recognizes that the inmate cannot revoke his option during the sentence or term for 

### which he is incarcerated. Thus, ratherthan supporting Woodberry' s claims,the good time option form actually confirms that he is not entitled to recoup the wages he bargained away to earn the good time credits. 

### Essentially, after being convicted of additional crimes and sentenced to life 

### imprisonment, Woodberry realizes he made a bad choice in opting into the good time program while serving his original sentence.' We find no authority that would entitle him to the relief he seeks. CONCLUSION After thorough review ofthe record in this matter in accordance with La. R.S. 15: 1177(A), we find no error in the district court' sjudgment that affirmed DPSC' s decision. 

### Accordingly, we affirm the judgment ofthe district court. 

### Supervisory writ application 2023 CW 0099 is dismissed. All costs ofthis appeal are assessed 

### to Derrick Woodberry. JUDGMENT AFFIRMED; WRIT DISMISSED.

8 Although the record does not contain the details ofthe crimes that resulted in the life sentences, 

### it does establish that Woodberry has been incarcerated since 1995. The commissioner' s report indicates that the offenses occurred in 1992— before the original sentence was imposed and before Woodberry signed the good time option form. 7