View Full Version : who has someone in avery mitchell///////
06-20-2005, 05:26 PM
Hi I am new to this pto and have read some very interesting post.
My son is in Avery Mitchell in spruce Pines NC and he has 6 years(?)
He was sentenced as a habitual felon and was given a 80 month plea bargain.
I aam wondering how much of that he will actualy have to serve and if that particul facility is as bad as someone previously posted.
I have enjoyed the books you are writing Mason(?).
the info is very enlightening.
06-20-2005, 05:45 PM
i have a uncle who was placed at avery mitchell.. he said that it's not as bad as what some people have posted.. it may depend on situations or c/o's or etc.. did they say 6 years or did they say like 5 to 6 years or something like that ???
06-20-2005, 06:31 PM
they said 80 months. i calcliated at 6 six. my guess. I was also told by someone they think he will do 85% of the 80 months . so I have not heard the official word from him yet. also was wondering wil he spen the entire time there. Thanks for posting
06-20-2005, 08:27 PM
Hi Draysmoms and welcome,
I just sent you a private message about Avery-Mitchell. Another member asked for some info about A-M, so I just sent you the same info. It's been a couple of years since my husband was there, but I sent you everything I could remember.
06-20-2005, 08:45 PM
How long has he been at Avery/Mitchell and do you know what unit? Also, if you go to the nc doc website and look him up it will have a projected release date...but that changes as he earns gain time. From what I've been told you can't go below your minimum time and that is on that site too.
My son is at Avery/Mitchell...he's doin alright and says it's not that bad...but he keeps busy and out of the block. If ya stay in the block you will have problems I think.
Some of the CO's are ok some are not...it seems the not ones make the others look bad...but there is a reputation about them there. You will find very few nice ones there. Oh but they will all be nice but will hawk you so be careful cuz they are very paranoid...worse I've seen so far since my boy has been in.
Anyway...look him up and see what it says and he doesn't have to stay there his whole time so when he comes up for honor grade can move to a lesser strict facility.
06-21-2005, 07:40 AM
Hi draysmom, wanted to help if I could. Two numbers you pointed out...80 months and 85%. The time given is the max your loved one can serve. If the info I have is correct, then 80 months is the MOST your loved one will do (there are exceptions, because it is possible to actually ADD on more time if an inmate gets another charge, but we are not adding that).
Now the 85% is the state's way of awarding "good behavior" or "gain time". Inmates can work down their sentence by getting prison jobs or enrolling in certain classes. But that 85% is not promised, it has to be earned. It is not assumed that the inmate will only do 85%; if he does not work or earn gaintime, he will be there the entire incarceration.
So if you said he got 80 months, then his actual sentence might have been something like 68-80 months. If that is true, then the 80 months would be his PROJECTED release, while 68 months is his EARLIEST release. From the moment he gets his sentence, he is assumed to do the max, which in this case is 80 months. There are a few things that can alter that, one being jail credit, and of course, gaintime. I won't talk about jail credit, I will just concentrate on gaintime.
Once in inmate enters the prison system in NC, he can earn time against his max by working or enrolling in classes like DART, AA, or getting their GED. Any time earned is subracted from the max, never the minimum. If for example he works as a janitor (like I did), and earns about 5 days a month, and works for 6 months, he would have earned 30 days gaintime. Those 30 days are then subtracted off his max end, this slowly moving his release date closer to that minimum. That's the goal, to get that release date as close to or on that release date. But remember, you can never go under the minimum. Even if you earned more gaintime, it won't bring that minimum any lower. That is because every inmate is obligated to serve at least the minimum as their debt to society.
I hope I didn't confuse you on it, it can be very tricky to explain. But the key is to get a prison job or something to help pull that max down. As you can see, the difference between his minimum and his max is an entire year...that's a year he can get out sooner. Hope that helps...
06-21-2005, 01:13 PM
thanks to everyone for the replys.
here is what I am not sure about. If he is a habitual felon he falls in the structured sentencing law. He pled quilty to get the 80 months. I am not sure if there was another part that was max. as he freaked out thinking about getting that long for ATTEMPTED TO PASS A CHECK.won't go into details but his past felonies is what really messed him up.
he is a barber by trade and we are black. I hope they let him work there or some kind of work and He usually get along well with most people.
I went on the doc site and they have not yet post his prd, but they have a cusdody review scheduled for 11-01-05. I have no idea what that means.
Masoniq4 i am glad you are out and helping others and I have learned a lot from reading your post.
as for you othre i hope your love ones are doing well and will hold you all in my prayers.
06-21-2005, 01:29 PM
Hmm, that is interesting, getting 80 months for that, but I can't say if that is the structured sentence for that particular charge. If for example he was on probation and violated that, it might mean something. Or, if he has been in the system before, or even the severity of the charge. There could be a lot of factors; maybe someone else can help here.
But about the custody review date, normally after 6 months the inmate would be up for a custody review, whether to promote him or not. I am taking a guess, with his charge, he would very likely end up in medium custody for a short time, then if he has no writeups, he will be put in minimum custody. It would not have surprised me if he went straight to minimum, but most times they like to put guys in minimum if he has about 5 years left; your loved one is pretty close to that.
And as far as work, don't worry. DOC believes in putting people to work, especially minimum custody inmates. Most start at a janitor or kitchen help or even clothes house. He'll get the chance to earn gaintime.
I am still interested in why 80 months; to me that does seem like a lot, but again, I don't know the structure for that charge. Hang in there.