McDermott v. McDonald

In 1989, Michael McDermott (plaintiff) was charged with multiple counts of assault and incest for sexually and physically abusing his two young stepsons. McDermott was also charged with felony bail jumping after fleeing the jurisdiction following his release on bail. In exchange for dismissal of the incest charges, McDermott pleaded guilty to the bail-jumping and assault charges and was sentenced to 30 years in prison. McDermott was designated as a violent offender for parole purposes. In addition, upon McDermott’s incarceration, a prison evaluator determined that McDermott suffered from severe sexual problems. The prison recommended that McDermott participate in the prison’s sexual-offender program (SOP), but McDermott refused. After McDermott’s first parole application was denied, the parole board also recommended that McDermott participate in the SOP. McDermott again refused to participate. McDermott’s second parole application was also denied, and the parole board cited McDermott’s noncompliance with the board’s SOP recommendation as one of the reasons for denial. McDermott then filed a petition for a writ of habeas corpus with the Montana Supreme Court, arguing that the parole board had violated his due-process rights by subjecting his parole release to conditions that had not been imposed in his original sentence.