who or what determine parole or probation, my husband is in for a violent crime. he was sentenced to 3yr and to do 85%. Can he try to get parole or probation or does he need to do his sentence. I am confused about that this can someone help please.:confused:

thanks much Diva

who or what determine parole or probation, my husband is in for a violent crime. he was sentenced to 3yr and to do 85%. Can he try to get parole or probation or does he need to do his sentence.

First, terminology: Probation is given instead of a prison sentence. Parole follows a prison sentence. Your husband will come up for parole.

That said, California modernly has basically four types of sentences: Determinate, Indeterminate, Life without Parole, and Death. Indeterminate sentences are "25-life," "35-life," etc., and someone serving an indeterminate sentence can (and these days most likely will) go before a parole board several times before "making" parole, if they ever do.

On the other hand, parole is basically automatic at the end of a determinate sentence (like your husband's 3 years), and does not involve a parole board hearing in the same way as an indeterminate (lifer) sentence would.

He will serve a parole term, even if he serves the full 3 years. He will serve a minimum of 85% of three years, assuming he programs (earns 1/2-day-for-a-day or day-for-a-day good time, up to 15% off his 3 years) and doesn't catch any time-loss 115s for which he's unable to get his earned time reinstated (certain categories of infractions, multiple 115s in a short period, etc).

Once he hits his min, estimated, or max date, he'll be released to parole. But the earliest he'll be eligible for parole is at the 85% point (his "min" date).

Hope this helps,
S.

First, terminology: Probation is given instead of a prison sentence. Parole follows a prison sentence. Your husband will come up for parole.

That said, California modernly has basically four types of sentences: Determinate, Indeterminate, Life without Parole, and Death. Indeterminate sentences are "25-life," "35-life," etc., and someone serving an indeterminate sentence can (and these days most likely will) go before a parole board several times before "making" parole, if they ever do.

On the other hand, parole is basically automatic at the end of a determinate sentence (like your husband's 3 years), and does not involve a parole board hearing in the same way as an indeterminate (lifer) sentence would.

He will serve a parole term, even if he serves the full 3 years. He will serve a minimum of 85% of three years, assuming he programs (earns 1/2-day-for-a-day or day-for-a-day good time, up to 15% off his 3 years) and doesn't catch any time-loss 115s for which he's unable to get his earned time reinstated (certain categories of infractions, multiple 115s in a short period, etc).

Once he hits his min, estimated, or max date, he'll be released to parole. But the earliest he'll be eligible for parole is at the 85% point (his "min" date).

Hope this helps,
S.


This is what i needed to know, thanks so much...but there is one thing that is confusing to me...i am from connecticut and the rules are alot different here. I am confused... If he serves the whole 3yrs why would he still be on parole afterwards...shouldn't his sentence be finished and the case will be closed.

If he serves the whole 3yrs why would he still be on parole afterwards...shouldn't his sentence be finished and the case will be closed.

As I understand it, people were choosing to "max out" and come out with no parole, and then going on to reoffend. So the legislature enacted mandatory parole for basically all felons post-release, with Penal Code sect. 3000:

3000. (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the supervision of and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family and personal counseling necessary to assist parolees in the transition between imprisonment and discharge.

A sentence pursuant to Section 1168 or 1170 shall include a period of parole, unless waived . . .

Thanks so much for this information...this is crazy .....do you think they will allow him to come back to connecticut...this is where we are originally from...he was in the military but has been discharged after this whole ordeal...but the only reason he was there was he was stationed there...do you think he will have a problem paroling home to connecticut

He'll have to seek to transfer parole. California probably won't have a problem with the transfer (one less head to count for the parole officer), but Connecticut might. I'd start by placing calls to both offices to see what's possible and, where possible, what needs to be done to get the ball rolling. I do know a guy (well, don't really know him, met him on an airplane :)) who successfully transferred CDC parole to Texas, so it's presumably doable.

It is very much doable through the Interstate Compact. The agreement between the states says that anyone who meets the criteria of the compact rules qualifies for mandatory transfer, which means the receiving state has to accept him. Please visit www.adultcompact.org (http://www.adultcompact.org) for more information.

It is very muc doable through the Interstate Compact. The agreement between the states says that anyone who meets the criteria of the compact rules qualifies for mandatory transfer, which means the receiving state has to accept him. Please visit www.adultcompact.org (http://www.adultcompact.org) for more information.

Thanks for the link i will research it. You guys are very helpful. I really appreciate it.:thumbsup: