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Malcolm B. Benson

After serving a bit more than 19 years in prison for a second-degree murder conviction from 1995, Malcolm B. Benson was set free -- although on parole. And he killed again.

Had Michigan's current sentencing rules been in place, Benson wouldn't have been released until 2017. But they were not.

Freed on parole Jan. 13, 2015, Benson was convicted of robbing and killing a man at a bus stop in Highland Park Sept. 23. On Thursday, a Wayne County judge sentenced him to life for prison.

Initially charged with first-degree murder in 1995 -- he was 29 then -- Benson entered a plea deal with the Wayne County Prosecutor's Office. With the deal, he still had a chance to escape the confines of bars and barbed wire before leaving this world.

He was sentenced to between 20 and 40 years in prison for the second-degree murder and an additional 2 years for felony use of a firearm.

Today, that sentence would require Benson to serve no less than 22 years in prison. With the old rules, he served about 19.

Holly Kramer, a spokeswoman for the Michigan Department of Corrections, explained why Benson didn't serve 22 years.

"What you noticed, is because Truth in Sentencing (guidelines) didn't come into play until 1998, and his offense occurred in 1995, when we still allowed disciplinary credits," she said. "Disciplinary credits allowed for parole eligibility to be accelerated for an indeterminate sentence, like his 20 to 40 years, if a prisoner had good behavior.

"Under that system it was five days for every month served, plus the potential for two additional days for exceptionally good behavior."

Kramer said any accrued good-behavior credit was eliminated if an offense behind bars was committed.

"After Truth in Sentencing, disciplinary credits were eliminated," Kramer said, "and offenders sentenced after 1998 had to serve at least their entire minimum sentence."