The Wisconsin Department of Corrections maintains an inmate should not receive compensation after serving 417 days past his term, according to Channel 3000.com.
Robin Gavinski served 417 days past his actual court sentence and was released in 2006. He was released only after he requested an early release, a procedure that requires a recalculation of the original sentence, according to Tim Kiefer, Gavinski’s attorney.
When the recalculation was completed, it was discovered that Gavinski was imprisoned over a year too long and he was released the following day. Kiefer said the Department of Corrections simply made an arithmetical error.
One of the two people responsible for calculating the sentence, Renee Hackbarth, is currently named as a defendant in a federal court case for which she is being sued for miscalculating another criminal’s sentence.
Gavinski filed a claim with the Wisconsin Claims Board board for more than $50,000, according to Kiefer.
According to WKOW-TV, the Department of Corrections Assistant Legal Counsel Johnathan Nitt said it was Gavinski’s responsibility to alert an official that his sentence was wrong.
However, Kiefer said it is unrealistic to expect Gavinski to have a practical understanding of the court proceedings and understand what his proper sentence should of been.
“To expect that [Gavinski], is without any real training, capable of independently finding this error… is unrealistic,” Kiefer said.
The Wisconsin Department of Corrections did not return requests for comment.
