View Full Version : question about catching chain


his_princess
01-20-2008, 08:52 PM
Is it within 45 business days or 45 actual days? I have heard it both ways and I am confused. Also, I looked on the county website and it shows that they sent the paperwork to TDC on Jan. 16th. He got sentenced in November. So is it 45 days from the sentencing or from when they sent the info? Help!

Yellagurl1981
01-20-2008, 10:34 PM
i have delt with this a couple of times and it seems that it is 45 regular days after the sentenceing. My ex always left right at 45 days.

LCSJLB
01-20-2008, 11:53 PM
my boyfriend was moved 45 days after sentencing when he was in county he went to the holiday unit in huntsville and then after two and ahalf weeks they moved him back to beaumont i was so excited cuz he was 15 minutes from home and i got to see him every weekend

his_princess
01-21-2008, 09:59 AM
my boyfriend was moved 45 days after sentencing when he was in county he went to the holiday unit in huntsville and then after two and ahalf weeks they moved him back to beaumont i was so excited cuz he was 15 minutes from home and i got to see him every weekend

oh wow how lucky for you! we have like 9 or 10 prisons down here from 15 minutes to an hour away from where i live, and my luck he will end up 10 hours away!

Tracy
01-21-2008, 03:20 PM
I was just talking about this on Saturday night with some of the ladies at the G2G...we decided it was from the sentencing date.. Not positive about that but that is what we think.

I was trying to remember back about Joshie and how long it took after sentencing and it wasn't but about 3 weeks before he was sent.

Good luck on him ending up close to you.....

RobinsMan
01-22-2008, 07:04 AM
Clock starts to tick on the 45 days when TDC receives the offenders pen packet from the convicting county.

Tracy
01-22-2008, 07:05 AM
Royce,

What is a pen packet?

Dusty's Mom
01-22-2008, 07:33 AM
I can kind of answer that question about a pen pack. I believe it is a pack from the county containing all of the info. about the inmate that TDCJ will need once the inmate is transferred into reception at TDC. That is what I have gathered from my son anyway.

Dusty's Mom
01-22-2008, 07:40 AM
Oh, the pen pack is sent to the unit that will be receiving the inmate. It contains a photo, physical description, current and past criminal record (I think), list of medications the inmate is currently taking in county, current status of inmate in county jail and probably much more.

RobinsMan
01-22-2008, 08:29 AM
In general, it is commitment papers which include a copy of the judgement(s) against the offender and other documentation that basically makes TDC aware of the fact that a person has been convicted and sentenced to a term in prison. This puts the ball in TDC's court as far as arranging for transfer to a TDC facility. To be precise, I should have said when the offender becomes "state ready" and that happens when the commitment papers (electronically or by mail) are sent the TDCJ Records Office by the convicting county.

Tracy
01-22-2008, 08:32 AM
Ok, so it comes after sentencing/conviction, right? Time starts counting then.... Just the first time I had heard it called a Pen Pack...

thanks so much everyone.

RobinsMan
01-22-2008, 09:40 AM
It is actually called a Pen Packet in the title of the Code of Criminal Procedure article that contains the section defining it's contents (CCP 42.09 Sec.8). Plus, DA's and such call it that. Maybe I've been spending too much time lurking around on their site.

his_princess
01-22-2008, 10:15 AM
It is actually called a Pen Packet in the title of the Code of Criminal Procedure article that contains the section defining it's contents (CCP 42.09 Sec.8). Plus, DA's and such call it that. Maybe I've been spending too much time lurking around on their site.

Well it's nice to have a "lurker" to give me some answers! Lol! So, after TDC recieves the paperwork, they have 45 days to come get them. Do they seem to come and get them pretty fast? Like much before the 45 days is up? He was sentenced in Nov. and has been sitting in county all this time, and we are both ready for them to just come get him already!

jojacks
01-22-2008, 10:22 AM
Dustin sat in county for 60 days after his sentencing.

JaycieDnTejas
01-22-2008, 10:49 AM
You could call 10 times and get 10 different answers. My daughter's sentencing was October 16th. She caught chain from county December 19th. I was "told" the 45 does not include weekends or Holidays (so yes, business days). The 45 days just means that if they don't catch chain in that timeframe then TDCJ has to pay "rent" to the county.

RobinsMan
01-23-2008, 07:15 AM
What remains unaccounted for is the time between sentencing and when the commitment papers are sent to TDC. If the county sits on them then time is standing still and there is no 45 days that TDC is supposed to meet. There can be a bit of work involved in getting the paperwork together which could include time to condcut any post sentence investigation if such was required. It just depends on how busy the county is or how big a hurry they feel they need to be in. Or, it could just fall through the cracks. For any that are interested, this is the list of things that the county is to send to TDC for commitment.


Art. 42.09. COMMENCEMENT OF SENTENCE; STATUS DURING APPEAL; PEN PACKET.
Sec. 8.
(a) A county that transfers a defendant to the Texas Department of Criminal Justice under this article shall deliver to an officer designated by the department:
..(1) a copy of the judgment entered pursuant to Article 42.01 of this code, completed on a standardized felony judgment form described by Section 4 of that article;
..(2) a copy of any order revoking community supervision and imposing sentence pursuant to Section 23, Article 42.12, of this code, including:
.....(A) any amounts owed for restitution, fines, and court costs, completed on a standardized felony judgment form described by Section 4, Article 42.01, of this code; and
.....(B) a copy of the client supervision plan prepared for the defendant by the community supervision and corrections department supervising the defendant, if such a plan was prepared;
..(3) a written report that states the nature and the seriousness of each offense and that states the citation to the provision or provisions of the Penal Code or other law under which the defendant was convicted;
..(4) a copy of the victim impact statement, if one has been prepared in the case under Article 56.03 of this code;
..(5) a statement as to whether there was a change in venue in the case and, if so, the names of the county prosecuting the offense and the county in which the case was tried;
..(6) a copy of the record of arrest for each offense;
..(7) if requested, information regarding the criminal history of the defendant, including the defendant's state identification number if the number has been issued;
..(8) a copy of the indictment or information for each offense;
..(9) a checklist sent by the department to the county and completed by the county in a manner indicating that the documents required by this subsection and Subsection (c) of this section accompany the defendant;
..(10) if prepared, a copy of a presentence or postsentence investigation report prepared under Section 9, Article 42.12 of this code;
..(11) a copy of any detainer, issued by an agency of the federal government, that is in the possession of the county and that has been placed on the defendant;
..(12) if prepared, a copy of the defendant's Texas Uniform Health Status Update Form; and
..(13) a written description of a hold or warrant, issued by any other jurisdiction, that the county is aware of and that has been placed on or issued for the defendant.

1daddysbaby
01-26-2008, 07:07 PM
Just spoke to my man he's still waiting to catch chain too said that he asked a CO where he is and TDC is 3-4 months behind intake units are full. So it might be longer than we think right now he was sentenced november 15th. Remember this is just what we have heard so ...

roy'smecca
01-27-2008, 05:00 PM
I don't know when my husband became "state ready," but he was sentenced end of Aug. 2007, and didn't transfer out of county jail until November 28. just about 90 days...and he'd already been in county since July.
Wow, we were glad when he entered the Holliday Unit, so he could see some sunlight and his first letter was filled with near poetry about seeing birds fly again.

kberu1
03-09-2008, 12:14 AM
mine has been in county for about 49 days hand has yet to transfer we hear he will at least get his tdc # but not sure how true that is were new at this and from Ct.

RobinsMan
03-09-2008, 02:30 PM
He won't get a TDC number until he is transferred to a TDC unit.

hbajn50
03-10-2008, 11:17 PM
Our attorney explained it as he can sit in co for up to 1 year before he has to be transferred. the 45 days is definitely from the time TDC receives his file. business days, not sure. The co tends to hold on to them as long as possible (space permitting) because they get state funding for the time there. The DA not only gets his conviction but also gets to make "X" amount of $ off him. My husband was there for 90 days. The co investigator there told me that he had become a liability because a CO broke his hand and we had our attorney calling there and had the county investigator out there. Lots of DRAMA is what it was, but at least we got him out of the dirt hole in DEL RIO!!! Who would of known that he would end up in another GEO run unit upon entering TDC. That company is a JOKE!!!!!!! Sorry, got off topic.

RobinsMan
03-11-2008, 10:45 AM
Yes, I think that the same sort of thing happened while Robin was in Angelina County. She had been there for 57 days and I guess I finally called there enough times about this and that - managing her medicine or calling about mail that diappeared, etc - just generally getting under the jail captains skin, until one day, in the middle of a sentence, he stopped and asked "isn't she already done and just waiting to transfer?" I said "yes" and he said "let me see what I can do about that so she can get on with her life". She was gone the next day.

By the way, I don't know about staying in county only up to a year. I've never seen a time limit on that. Money only is paid after the 45 days is up and there is nothing specific that I have found in the statute about whether it is business days or not.

eap8898
04-13-2008, 04:21 PM
Is it within 45 business days or 45 actual days? I have heard it both ways and I am confused. Also, I looked on the county website and it shows that they sent the paperwork to TDC on Jan. 16th. He got sentenced in November. So is it 45 days from the sentencing or from when they sent the info? Help!



How did you find out when they sent his paperwork off?? I checked the county website where my husband is at, and it doesn't give me ANY information; really not even much of a website at all.

his_princess
04-13-2008, 04:51 PM
How did you find out when they sent his paperwork off?? I checked the county website where my husband is at, and it doesn't give me ANY information; really not even much of a website at all.

Our county website has a link that tracks the cases. They logged it into there.

momofthreetx
04-13-2008, 11:10 PM
OK I have a silly question. My husband had plead guilty to charges, was put on probation, lost his job and then was picked up on probation violation. Once he was in, they added another charge regarding his probation violation and that was just settled a couple of weeks ago. Do they start the time from the probation violation charge (the first one) or the added charge? He has been so freaked out for the last week because he is at 45 days from the time he went in. In some ways he wants to get it over with and move so we can get on with our lives and get into a routine, and in other ways he is "comfortable" at Dallas county because he has a decent Tank that he is in and is worried about fitting in and learning the rules in a new place.

Tracy
04-14-2008, 05:06 AM
It's not a silly questions..momof... But I don't know the answer! Someone will come along and be able to help you.

I would think his time starts from the first charge, but I don't know that for sure.

Hang tight and someone will be along to help you

RobinsMan
04-14-2008, 08:54 AM
The 45 days starts from when TDC receives his paper work. So, that will be some time after his sentencing and just depends on how big a hurry the county gets in to get his paperwork done and off to TDC. Though most folks are moved before the 45 days is up it is also not a hard deadline that means anything. All that happens after 45 days is TDC must pay the county a little bit of money for each day he is there past 45 days.