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Wells v. Golden

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Argued January 11, 2001

Christopher Wells appeals the denial of a petition for a writ of habeas corpus, alleging that the District of Columbia Board of Parole *fn2 acted improperly under the Youth Rehabilitation Act (YRA), D.C. Code �� 24-901 et. seq., (2001), formerly D.C. Code �� 24-801 et. seq., (1996), and the Board’s regulations in setting a parole reconsideration (“set-off”) date for January 10, 2007, ten years after the commencement of his sentence. The trial court denied the habeas petition without a hearing, after the government responded that the Board has complete and unreviewable discretion in the matter and had complied with its regulations by giving reasons for departing from the one year set-off prescribed in 28 DCMR � 104.2 (35 D.C. Reg. 455 (1988)). *fn3

Although we have held that the Parole Board has broad discretion in setting such dates for adult prisoners, see White v. Hyman, 647 A.2d 1175, 1180 (D.C. 1994), we hold that Wells’s sentence under the YRA, a statute that mandates treatment for certain offenders a judge has determined will benefit under the YRA, accordingly guides the discretion of the Parole Board. Because we have serious doubt on this record whether the Parole Board considered the YRA’s twin goals of treatment and rehabilitation in deferring appellant’s reconsideration date, we remand the matter for further proceedings.

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