Winkle v. Foster

Jessica Winkle pleaded guilty to causing the death of another by driving under the influence of alcohol, in violation of the statute currently codified as Nev. Rev. Stat. 484C.430. Winkle was sentenced to two to five years in state prison. Before the expiration of her minimum term, Winkle was released to a program for alcohol treatment and residential confinement. After determining that Winkle was still in residential confinement and had not served in minimum two-year term, Howard Skolnik, Director of the Department of Corrections, directed that Winkle be rearrested and returned to incarceration. Winkle sought a writ of mandamus directing respondents, Skolnik and the warden of the Jean Conservation Camp, to release her to the program. The Supreme Court granted the writ, concluding that (1) the express language of Nev. Rev. Stat. 209.427 and Nev. Rev. Stat. 209.429 mandates release of qualified offenders to the program for alcohol treatment and residential confinement; and (2) the express language of section 209.429(4)(a) deems an assignment to the program as "imprisonment" for the purposes of section 484C.430 and not a release on parole.