WINKY
12-15-2003, 04:01 PM
My friend was approved for parole in early June 2003 with a FI-9R release date OCT 04. He has to take a class which has been reduced from 9 months to 6 months. Well in late June he received a major case he lost his good time but kept his 20 class hours from the Changes program earned at the Lopez unit. He has been on a wait list for a class at the Connally unit. I called Programs and Services in Huntsville to check on the hold up. Well she said that before they can schedule a class they have to send his file back to the parole board to get an approval because he got a case so soon after being approved. Then she stated that they may revoke the parole (meaning the Oct 04 date is no good) and send him for review again and he may get extra time ( Max out April 06 ). Can they do this? Has anyone had this happen? How can they grant parole then take it away? Any help would be appreciated
toi_ama
12-15-2003, 04:20 PM
Basically, in the same way that they could revoke his parole if he got a new case once he's released. Parole is still being in custody---it's just a very loose custody-----and while still in a closer level of custody within the prison, if he got in more trouble, then yes they can revoke the parole before he ever gets out.
MissOne
12-15-2003, 04:46 PM
(((HUGS))))))
I know it must be hard to get so close then have to take a step back.. Just pray for the best and stay strong no matter what the outcome.
WINKY
12-15-2003, 04:55 PM
Thanks MissOne - I needed that hug - .
CenTexLyn
12-15-2003, 05:03 PM
It isn't a revocation of parole but rather a rescinding of the parole vote based upon ew information. And yes, a major case is cause for them to send a transmittal to the Board to inquire whether the Board wants to leave the vote in place or withdraw to establish a new next review date.
This is no different than if a protest is received after the file is voted. Additionally, in some instances, the disciplinary may drop someone to a level that makes them ineligible for parole...at a minimum, you have to be at the entry level status to even be eligible for consideration. Years and years ago, I saw a mandatory supervision release rescinded because the dumb-a$$ couldn't wait to get outside of the unit before telling Major Castleberry to go f*ck himself...major case, one class and 365 days of good time (back in the days when forfeited GT could be restored by the UCC), and one rescinded proclamation of mandatory supervision later, he was back in AdSeg on his original unit of assignment after having literally been within 20 feet of the front gate of the Walls Unit.
WINKY
12-15-2003, 05:33 PM
CenTexLyn - He is currently in a G-4 status Line 1 . Will that make a difference ? She said that she would send it over today and it takes a few weeks for an answer . Where should I call to get an update on the decision once it comes back
CenTexLyn
12-15-2003, 06:13 PM
If he got dropped to Line Class I, then the other significant factor will be how much good time was forfeited. Much will also have to do with what the disciplinary offense was that he got dropped for...however, the fact that the UCC dropped him to G4 suggests to me that this was probably a fighting case or else he had some other minor cases in the past six months, and so the entire disciplinary history could combine to lead the Board towards rescinding the FI-9R.
I wish I could offer an opinion that gave cause for more hope, but I am afraid this looks sort of bleak...
Mrs. Low
12-15-2003, 07:29 PM
I know how you feel, this is the second time that my husband's parole review was closed due to a case. This is the second December that I have had my heart broken. My prayers are with you and stay strong.
WINKY
12-16-2003, 09:22 AM
Thank you for your responses - Centexlyn in a letter he said that he got a case on 6-20-03 because a CO pushed him on his way to class and he fell to the ground and the CO said that he grabed his hand , After that he was in lock down and they moved him to the Connally unit . He hasn’t had any fights or any minor offences prior to that or after .
He signed for 5yrs with 18 months back time so he says he may have to serve 27-30 of his time if they discharge his parole
MS. LOW - How long did it take for them to inform your husband that his parole review was closed . I ask because he caught the case 6-20-03 and no one has said anything about this till I called to check on the status of him being placed in the class