hello ladies,
I hope someone can give me some insight. My husband is coming home 7/9/06, his max out date is 10/28/06, I was told by a counselor that if he stays in till his max out date that would mean he discharges his CDC # and he would come out with no parole since he maxed out.

Sounds good, but is it true? I am just very curious.

any info would be appreciated:)

Kristina,


That is true true it has happen to friends of mine as well. He will not be on parole and his CDC number will be retired. :)

Yes Very Very True In Pa My Friend Had The Same Thing 2 Years Ago But He Messed Up They Took Back His Out Side Time And Added The 3 Extra Month He Ended Up Doing 6 Extra Months

so my man's max out date is 12-31-06 can they still give him more time on Parole after this date??

In California when you get out of prison you still have 3 years of parole to do. They can lower that amount but only if they want to after they prove they can be good little boys. Love Barb

I wonder whyhis counselor would say the max out date would be the end then? I think on Monday I will call the parole office and I will be sure to post on here what I found out

Please do and I think I will call his and find out whats going on too!

hello ladies,
I hope someone can give me some insight. My husband is coming home 7/9/06, his max out date is 10/28/06, I was told by a counselor that if he stays in till his max out date that would mean he discharges his CDC # and he would come out with no parole since he maxed out.

Sounds good, but is it true? I am just very curious.

any info would be appreciated:)

In this case, he will be on parole once he is released, but he will only be on parole up to his max out date.


so my man's max out date is 12-31-06 can they still give him more time on Parole after this date??

In this case, if he is not going to be released prior to his max out date, then he is released on his max date, but will not have parole.

It is unlawful to hold anyone past their max time, whether incarcerated or out on parole. Hope this clears it up for everyone.

nubeginning,

my hbby is being release on 7/9/06, but his max date is 10/28/06, so if he stayed in till then he would get out with no parole? I talked to the parole office on MOnday and I totally forgot to ask, I guess I was so stoked at how nice and was and helpful that I wasn't thinking of asking him about the max out thing... :rolleyes:

If he stays in until his max out, then no then no he will not have parole once released. A max date means that you have served allllllll your time and being on parole means that you are doing street time. If you've served all your time, then they can not give you street time.

Thank-you:thumbsup:

Oh this is wonderful, my son has been told by the state that Parole is mandatory for everyone leaving a State Prison in California. Can some one give me a link to the law where this is stated so I can copy it and send it to him? Love Barb

Barb it is mandatory for everyone, but not if you max out. I'll locate the rule and send it to you. You'll see people max out most times because of parole violations and such. Here's how it works. If you go back on a parole violation, your parole time stops for a maximum of 12 months. That's why you can have up to 12 months added to your parole time. Any violations thereafter, the parole time keeps running, so depending on how many times a person violates they stand a pretty good chance of maxining out, and once they reach their max date, they are released with no parole.

Another scenario would be say for instance a person was only given 4 months on a first violation, their parole stopped for 4 months. Second violation they got 3 months, parole stops for 3 months. Third violation they get another 6 months.
Their parole will stops for 1 month, and starts running again even though they are incarcerated. They can only stop your parole time for up to 12 months, anything after that keeps running if you go back on a parole violation.

My son will have done his entire 15 years but they said that he will still be on parole for 3 years. Who could I call about this? Love Barb

Ok, the rule is very vague. Where we have been using the term "max out", but the Title 15 uses the term "discharge"Substitute max out for discharge and you can pretty much interpret this thing. Maybe Gryphon can help us out here.


3075.2. Releases.

(a) Day of release. Inmates, except as otherwise provided by applicable law and regulations, shall be released on their scheduled release date. Inmates shall not be retained beyond their discharge date. (Maximum date)

(Meaning they can not retain them under CDC by way of incarceration or parole)

(a) CDC Form 163 (Rev. 7/92), Certificate of Discharge, shall be issued to each person who has completed their commitment to the department.

(b) Such certificate shall be issued to the inmate before release and mailed to parolees after their discharge date.

(That means that an inmate who has served their maximum time and discharged is issued their discharge certificate before they are released. That pretty much means that if you max out, there is no parole because your given the certificate before you leave)

Now Barb there are special conditions that will extend parole depending on the crime... such crimes as gang affiliations. Oh darn, I'd have to go back and look up the rule on parole extensions. And I'm sick as a dog right now. I'll look it up after the motrin kicks in. :)

Barb, was he given 15 years flat or was he given a min to max. If he's only served his entire minimum and is being released, then yes he will have parole. Just trying to get a better picture before I go hunting for the information. I'm still sick... Have the flu with a severe sore throat. Took antibiotics, had an allergic reaction, now my eyes are a hot-mess. :) But I'm still smiling in between painful coughs. Don't cha just love viruses. Ok, off-topic! LOL

Very helpful Thread by the way! :thumbsup:

how can we find out my husbands max date? he's just got to chino he abscounded parole 45 days before he was supposed to max. we think he'll be out 9/26/06 hasn't seen screening or a counselor please help!!1

You are talking apples and oranges. The max date referred to by the counselor is his sentence max date. That is the longest amount of time he can be held on his original sentence. He will still have thee years of parole to do. The exception would be if he is back on a parole revocation and the three years of parole is up on 10/28 06. Then he would be off parole when his Parole max date is reached.

There have been inmates that have served both their entire sentence and their entire parole period in prison. If you are sentenced to 5 years , your max date is 5 years from the day you arrive in reception minus any presentence credits. Then you take off your behaviour credits( 50%/85%/80% credits). This becomes your EPRD (Earliest Possible Release Date). Whenever you get out . you still have three years of parole to do. I once had an inmate that served his entire sentence ( maxed out ) and then refused to sign his conditions of parole. That is an automatic parole violation. The Board sentenced him to 30 days for refusing to sign his conditions of parole. He repeated this for 36 months, which maxed out his parole. He was then released and discharged from parole on the same date.