street time credit, suspended sentence revoked

2003 MT 136
STATE OF MONTANA,v.
RODNEY WILLIAMS,
Whether the District Court erred when it concluded that Williams was a
probationer and not a parolee, and that he was not entitled to good time credit for time served from January 1998 to August 2001;
(2) Whether the District Court erred when, upon revocation of Williams’ suspended
sentence, it declined to expressly allow or reject the application of street time credit toward Williams’ upcoming term of incarceration, and instead followed a provision in its 1998 judgment, which stated that Williams would not receive street time credit if he violated the terms of his probation.
In summary, we affirm the District Court’s conclusion that Williams was a
probationer and not a parolee, and that he was not entitled to good time credit for time served from January 1998 to August 2001. Regarding the court’s decision to enforce that provision of its 1998 judgment precluding street time credit, we reverse and remand this matter to the District Court for a new dispositional hearing, and direct the court to consider any elapsed time that Williams has served, and state its reasons for either expressly allowing or rejecting the elapsed time as credit against Williams’ revoked suspended sentence.