The Oregon Department of Corrections has said 20 prisoners it released early now owe more of their original sentence after review. Seventeen of them were in custody as of Tuesday, according to a statement, including convicted sex offender Joaquin Cowart.
The corrections department ordered the release of Cowart four years early after applying his time served to each of his consecutive convictions. The recalculation quadrupled Cowart's credit for time spent in custody.
The reduction in Cowart’s sentence was part of a review of thousands of convictions following an Oregon Supreme Court ruling that expanded the circumstances under which inmates can receive credit for time served.
But Jackson County District Attorney Patrick Green filed a contempt of court action against the corrections department this month, claiming it misapplied the ruling and ignored the sentencing judge's intent when releasing Cowart.
Green said the reversal was a step in the right direction but that the department should still formally apologize.
“[T]here is simply no taking back the harm that DOC has caused to victims,” Green said. “There needs to be a full accounting for what led to DOC making this mistake."
Green said he will dismiss the contempt filing but will continue pressuring the department.
“Because while their partial about-face this week is good, it is not good enough yet in my eyes,” he said.
Green said the department has not changed its interpretation of the state Supreme Court ruling regarding time served.
“We recognize that the Oregon Supreme Court’s decision to change sentence calculations has significant and immediate impacts on victims, survivors, the formerly incarcerated, and their families,” Department of Corrections spokesperson Amber Campbell said in a statement. “As we implement these changes, the Department of Corrections remains firmly committed to public safety, accountability, and full transparency throughout every step of this process.”
The department said the Oregon Supreme Court’s ruling in Torres-Lopez v. Fahrion constrained its “discretionary authority" in calculating sentences. Its legal counsel advised that a literal interpretation of judgments was best.
A Supreme Court clarification this month, along with advice from the Oregon Department of Justice, led to the latest sentence recalculation, the department said. It recommends that district attorneys ensure that judgments align with agreements made between the parties.
