View Full Version : Do inmates get time off for good behavior?


wifey07
09-03-2008, 05:55 PM
is there a such thing as getting released early for good behavior in the state prison system

PTO-79211
09-03-2008, 06:09 PM
When a person is sentenced...they determine how long that person will be incarcertated for and then determine whether he is elegible for 85% time off or 50% time off. For expample..my husband was sentenced to 11 years but can serve only 85% of that if he is good and does not get any write ups. So his release date is 2011. (He was sentenced in 2002) His "Max Out" date is 2013. So if he gets a lot of write ups...CDC adds more time until the inmate max's out. So basically when a person is sentenced...the "good behavior" is already calculated. It can be a little confusing...so I hope I made sense. :)

is there a such thing as getting released early for good behavior in the state prison system

wifey07
09-03-2008, 06:56 PM
he was given 8 years and told he has to do 80% which was 6 years 4 months he was sentenced in may 04 and was told his release date will be sept 2010 so are you saying his good behavior time is "already included"

Shari
09-03-2008, 09:09 PM
Yes that is the way it is in CA.

Gryphon
09-04-2008, 04:59 PM
he was given 8 years and told he has to do 80% which was 6 years 4 months he was sentenced in may 04 and was told his release date will be sept 2010 so are you saying his good behavior time is "already included"
He recieved 20% prison conduct credits because his sentence was enhanced by a strike. When he went to prison, his local conduct credits and local actual time served in teh county jail were deducted from his prison sentence. Then he recieved credits (day fo rday) from sentencing until arrival at CDCR reception. He then has to serve 80% of the remainder (once he's at CDCR Reception).
That's his earliest possible release date. If he misbehaves he perhaps loses credits, but he can't get out any earlier than that.

ju's wife
09-08-2008, 10:29 PM
Ok my husband is doing 85% and I went to court for all his hearings and stuff...but how can I find out if this charge is a STRIKE or not?

Gryphon
09-09-2008, 12:02 AM
If he's doing 85% then he is serving time on at least one strike conviction. 85% is for violent crimes, and all violent crimes are strikes.

Ok my husband is doing 85% and I went to court for all his hearings and stuff...but how can I find out if this charge is a STRIKE or not?

daisy may
09-09-2008, 12:06 AM
Actually if he gets write ups he can still get that time back so he does ot necessarily max out on write ups. Someone gs in a fight and 90 days is added to their time and they have a year left they'll more than likely still get the 90 days back and get out on time. if it is less than their 90 days they max out.

When a person is sentenced...they determine how long that person will be incarcertated for and then determine whether he is elegible for 85% time off or 50% time off. For expample..my husband was sentenced to 11 years but can serve only 85% of that if he is good and does not get any write ups. So his release date is 2011. (He was sentenced in 2002) His "Max Out" date is 2013. So if he gets a lot of write ups...CDC adds more time until the inmate max's out. So basically when a person is sentenced...the "good behavior" is already calculated. It can be a little confusing...so I hope I made sense. :)

ju's wife
09-09-2008, 12:20 AM
If he's doing 85% then he is serving time on at least one strike conviction. 85% is for violent crimes, and all violent crimes are strikes.

He does have 1 strike from 1996. So is this one a strike too? He is in for a DUI with injury but then they changed it to wreckless driving endangerment. Can I call his counselor to find out?

Gryphon
09-10-2008, 01:53 PM
That means that he had a strike and he picked up a second strike on his most recent prison term. That makes him a "3rd striker" if he ever gets a future felony conviction. That future case carries a minimum sentence of 25 yrs. to life, at not more than 20% conduct credits, unless a court finds that he's "outside the spirit" of the 3 strikes law.
Scary stuff. Good luck.

He does have 1 strike from 1996. So is this one a strike too? He is in for a DUI with injury but then they changed it to wreckless driving endangerment. Can I call his counselor to find out?

Tamitha
09-11-2008, 09:36 AM
OK, now that might explain something for me.....My BF only technically has 1 strike. But his attorney and others have called him a second striker. We thought that they were counting his first domestic violence case that was dropped to a misdeamener was being counted and he has 2 not 1! So being called a second striker means he has one strike, right?

Gryphon
09-11-2008, 03:27 PM
He does have 1 strike from 1996. So is this one a strike too? He is in for a DUI with injury but then they changed it to wreckless driving endangerment. Can I call his counselor to find out?

The new conviction may or may not be a strike, and there's no way a counselor would be able to tell you. It'd take a review of teh change of plea as well as sentencing transcripts, as well as any report by the probation department submiutted for sentencing.
The crime he pled to is probably not a strike by itself, although I'd need the code section to say for sure. I assume he pled to some sort of felony that doesn't have to result in injury. (The crime you name isn't a crime in CA, but there are a couple of things that it could have been.) However, any crime resulting in Great Bodily Injury is a strike. That injury can be proven to have existed a few different ways. That's why it all depends on what kind of a record exists, which is what some future prosecutor would rely on if they were trying to prove that he has a strike.
Therefore, the answer is he'd better be careful because there's a real chance that any future felony causes him to recieve a life prison term.

Gryphon
09-11-2008, 03:57 PM
A misdemeanor conviction is never a strike, unless it used to be a felony and then was reduced to a misdemanor after felony conviction and after termination of probation via Penal Code section 17b. (That's the Sipes case, as I recall.)
Assuming that he originally plead guilty to a misdemeanor, that case cannot be a strike.
If the most recent felony was in fact a strike, he's a "second striker" in that if he comes back on any new felony conviction, the sentence is supposed to be mandatory prison at double time, and then he'd serve at least 80% of that number. Avoiding that sentence requires a finding that he somehow falls outside the spirit of the 3 strikes law.

OK, now that might explain something for me.....My BF only technically has 1 strike. But his attorney and others have called him a second striker. We thought that they were counting his first domestic violence case that was dropped to a misdeamener was being counted and he has 2 not 1! So being called a second striker means he has one strike, right?

ju's wife
09-12-2008, 02:06 AM
The new conviction may or may not be a strike, and there's no way a counselor would be able to tell you. It'd take a review of teh change of plea as well as sentencing transcripts, as well as any report by the probation department submiutted for sentencing.
The crime he pled to is probably not a strike by itself, although I'd need the code section to say for sure. I assume he pled to some sort of felony that doesn't have to result in injury. (The crime you name isn't a crime in CA, but there are a couple of things that it could have been.) However, any crime resulting in Great Bodily Injury is a strike. That injury can be proven to have existed a few different ways. That's why it all depends on what kind of a record exists, which is what some future prosecutor would rely on if they were trying to prove that he has a strike.
Therefore, the answer is he'd better be careful because there's a real chance that any future felony causes him to recieve a life prison term.


So how can I go about finding out the code section number. Can I get it online or call the court system or ask him to get it from some one in prison? Knowing him he knows what it is..I'll just have to wait to ask him or write him.
Thanks for all your input it is truley appreciated!!!

Gryphon
09-13-2008, 03:10 AM
So how can I go about finding out the code section number. Can I get it online or call the court system or ask him to get it from some one in prison? Knowing him he knows what it is..I'll just have to wait to ask him or write him.
Thanks for all your input it is truley appreciated!!!
All of the above (if that county has online records); or an in person visit to the court file would tell the tale.
However, as I said before I think that it is probable that you won't be able to determine if it is a strike since not all the necessary transcripts have been prepared. Change of plea should be there, but sentencing probably isn't. Also, any probation officer's report is in a confidential envelope after 120 (90?) days; and requires a court order to get to it. Still, it'd be worth finding out if the conviction would at least take effort to discover that it is a strike.
BYW, you DON'T want to have those transcriptions made. If you did, a future DA would have an easier time proving up a strike if a strike in fact exists.

CTisMe
10-07-2008, 08:00 PM
Hello,
I have questions, my husband was sentenced to 35yrs +10+10=55yrs in 1990. The court resentenced him in 1993 to add some enhancements- he had no idea that they had done this - his time went for 55yrs to 65yrs- When he found out what happen, he did an appeal the appeal was granted this has taken 5yrs - this week when he went to court, the courts gave him 37yrs total time - the 35yrs was for the robbery that he committed and was caught, the 10yrs was from another robbery that they gave him while he was being being tried on the 37yrs and then he had a fight with the sherriffs in the county and got another 10 yrs. SO the question is will since he has gone back to court - the courts gave him 37yrs total does the other time that was given to him count? he's also at 50%. The way I see it he should be out the end of this year or the first part of 09 - this case is really twisted!

Gryphon
10-08-2008, 02:59 PM
Are you asking if he gets local and prison credits? Yes, he gets the same credits.
Since the original sentence was imposed prior to 3 strikes, I think he should continue to get 50% conduct cedits (even though after 3 strikes he'd get 15% conduct credits.) The new sentence wasn't a post-3 strikes sentence but a correction of an earlier sentence error.

If he was earning credits at 50% from 1990, he'd be out in '08 or '09. However, his local conduct credits would only have been 33%. Therefore I can't say when I think his out date should be.


Hello,
I have questions, my husband was sentenced to 35yrs +10+10=55yrs in 1990. The court resentenced him in 1993 to add some enhancements- he had no idea that they had done this - his time went for 55yrs to 65yrs- When he found out what happen, he did an appeal the appeal was granted this has taken 5yrs - this week when he went to court, the courts gave him 37yrs total time - the 35yrs was for the robbery that he committed and was caught, the 10yrs was from another robbery that they gave him while he was being being tried on the 37yrs and then he had a fight with the sherriffs in the county and got another 10 yrs. SO the question is will since he has gone back to court - the courts gave him 37yrs total does the other time that was given to him count? he's also at 50%. The way I see it he should be out the end of this year or the first part of 09 - this case is really twisted!

coffeegirl
10-08-2008, 03:08 PM
Hello,
I have questions, my husband was sentenced to 35yrs +10+10=55yrs in 1990. The court resentenced him in 1993 to add some enhancements- he had no idea that they had done this - his time went for 55yrs to 65yrs- When he found out what happen, he did an appeal the appeal was granted this has taken 5yrs - this week when he went to court, the courts gave him 37yrs total time - the 35yrs was for the robbery that he committed and was caught, the 10yrs was from another robbery that they gave him while he was being being tried on the 37yrs and then he had a fight with the sherriffs in the county and got another 10 yrs. SO the question is will since he has gone back to court - the courts gave him 37yrs total does the other time that was given to him count? he's also at 50%. The way I see it he should be out the end of this year or the first part of 09 - this case is really twisted!

Congratulations on him coming home soon, I bet hearing 65 years was alot to deal with. And now it is almost over.:thumbsup: