My husband was sent back after serving a 15 yr sentence.He had been out about 3 yrs.He was sent back on a technical violation.his projected release date is oct 2006.He served 9 yrs of that 15yr sentence .So I was wondering will he have to serve the remainder of his time are will he get a chance at making parole.I would apreciate anybodys advice!
Thank you amandantx.

On a Technical Violation he would be eligible for Parole as of the day he was arrested on the Blue Warrant. So yes, there is a chance.

Lucy

Thank you lucy for responding He was arrested in oct and he didnt have a hearing because he waived his rights.So He was denied reinstatement.So is this the same thing are is there another process.He was sent to huntsville about 2 weeks ago So we are really scared that he will have to serve the rest of his sentence.

The same thing happened to my man. He was convinced to waive his hearing and was then revoked. I believe they have a certain amout of time to appeal the decision, but I'm not sure of how long or even how it works. Someone will be along that can answer that. Have you called the status line in Huntsville? The number is #936-295-6371 or toll free 936- 535-0283. It will tell you exactly when he became eligible. His file should be reviewed approx 6 months after that date if I'm not mistaken. Thats how it was for my man. His file is in review right now and we are just waiting on a decision.

Lucy

Yeah he appealed the decision and we are waiting on that right now!no telling how long thats going to take.I wish I knew the satistics on overturning there decision.But Im not going to get to excited about that.Because i would think they would go with the first decision.Thats why I relly wanted to know how long he had left are when he would come up for parole again.His parole officer recomended ISF but they didnt go with that!So I think that they really have it in for him!they think nobody can be rehabilitated!!!!!!!Thanks again for your input!!

I DONT KNOW THE ANSWER TO YOUR QUESTION BUT GOOD LUCK TO YOU AND YOUR FAMILY.

Originally posted by cajunlady
On a Technical Violation he would be eligible for Parole as of the day he was arrested on the Blue Warrant. So yes, there is a chance.

Lucy

Eligibility does not actually follow the arrest on the blue warrant. Only if there is a revocation does the arrest on the blue warrant mean anything as far as eligibility is concerned. And the new eligibility date is not controlled in this case by it being technical violations only...there could have been a new law violation and it potentially would not have altered anything. The reason, in this case, that eligibility was immediate upon the revocation is because of the amount of flat time accrued being more than enough to satisfy eligibility requirements. If someone is revoked who was originally released on parole and where that release eligibility was through a combination of flat time and good time, they may not be eligible right away.

Every case is contingent entirely upon how much flat time was served prior to the release plus the custodial credits that attach to the warrant that preceded the revocation.

As to amanda's contention that "they have it in for him," I could only tell you that a large percentage of waivers result in revocation regardless of the recommendation made by the PO. That is precisely the reason why nobody should waive their hearing...even if they are "guilty" of the allegations against them, going through with the hearing at least allows for the releasee to put adjustment testimony on the record as well as offer some rationale as to why they violated the conditions of release.

A Parole Officer told me that when a white warrant is issued they are given credit for the time spent on the blue warrant so the elligibilty date would be the date he was arrested. Thats how is was for my man. His eligibilty date was the same as his arrest date. I was just trying to make it simple. I dont know about anyone else, but I sometimes get lost on all the technical jargon.

Amanda if you call the status line you will know for sure. It tells you their Parole eligibilty date.

I agree with Centexlyn, no one should waive their hearing. My man was revoked on a dismissed charge made by his ex who is a drug addict. His PO told him to waive his hearing because he wouldn't be revoked anyway.

PO's usually don't know squat about time- too many of them presume that if you were out on paper, every revoked releasee will automatically be eligible once the white warrant posts, which is simply WRONG.

Most of them don't have the first clue about time calcs, since the Parole Division doesn't have any responsibility for time matters EXCEPT for reporting in-custody credits on blue warrants (and they [the Division] have a long history of not getting that right either because of some really decrepit computer programs used in the past).

And, it is precisely that sort of bad information from PO's that contributed to me sticking around here to try and clear stuff up... :cool:



Example of case where it would not be correct- 1992 release on non-violent offense with a 15 year sentence, where the release took place after just under two calendar years served. Releasee absconds in 1997 and is finally apprehended in November 2003 and gets revoked in December 2003. Because they have barely two years flat time and will have only the one month of good time credit, they will not be eligible for parole for roughly another year even though absconding is only a technical violation.