View Full Version : half-way house
molliecute 12-23-2003, 12:00 PM Has anyone turned down going to a halfway house for your last 10% of your sentence or does anyone know anybody who has. If so, were there any consequences in doing that? Problems while you were still at the federal facility or during your probation period.
Thanks
Amy
hkieffer 12-23-2003, 12:07 PM It could be construed as a refusal to participate in a recommended program and result in an incident report. This could lead to a loss of Good Conduct Time days.
kintml2u 12-26-2003, 10:27 AM Amy
Welcome to PTO! :wave:
I don't have the answers for you but Howard is very knowledgable in this area.
Glad you have found PTO!
Diane
greyghost 12-26-2003, 10:56 AM As Howard explained, it will be considered a 'refusal to participate in recommended programs'. How the individual institution handles it varies. It the worst case senario, you could lose good conduct time, however for those insitutitions that I have worked at this never happened. They way that those institutiions approached 'the refusal' was by prohibiting visits, limiting commissary, etc..
We never took GCT for refusing halfway house. (Keep in mind that some institutions may).
Greyghost
kintml2u 12-26-2003, 01:50 PM Greyghost
Happy Holidays!
Is it a frequent thing that inmates would refuse a chance at a half way house?
And is it possible to just get on the home confinement in place of the halfway house? If so, what are the different things one must do to get this to happen.
Diane
From what I understand it is possible to go home on home confinement in place of part of the halfway house if the inmate has a place to go and a job, BUT, you still must go thru the orientation and you still must pay for the time in the halfway house even while at home. (I believe 25% of gross earnings) Howard would know for sure.
hkieffer 12-26-2003, 06:00 PM Normslly, unless there are extraordinary issues or geographical concerns, you'll go to a CCC first.
kintml2u 12-26-2003, 07:08 PM Is there a set amount of time out of the 6 months or 10% that an inmate must serve in a CCC before being placed on home confinement?
Diane
hkieffer 12-26-2003, 08:12 PM Normally it is about 50% of the placement. However, with the recent DRASTIC reduction in placements (10%), some are just too short to make the paper-work involved "worth it."
kintml2u 12-26-2003, 08:46 PM Thank you Howard!
LOSTINMICHIGAN 12-28-2003, 10:02 PM so is it 50% of your time is served in a half way house or is it the last 10% of your time? please answer. also has anyone heard about the early parole or increaseing the good time?
Wetline 12-28-2003, 10:19 PM It's 50% of the last 10% served in a Halfway house IF you able to get Home Conefinement approved.
kintml2u 12-28-2003, 11:00 PM Isn't it 10% of your sentence OR 6 months....no more then 6 months total in CCC placement.
Out of that 6 months or 10%.....you can get 50% of home confinement.
Diane
Bamabelle 12-29-2003, 07:27 PM I did my time all the way to the door. After doing all the research I could, as well as seeing what happened with others at halfway houses and talking to those who returned on "violations" from halfway houses, I decided that it was just another trap or a way to take my money or my family's money. I stayed put where I was and did my time and walked out of the gate and drove straight home. It was a great feeling. All I had to do was meet with my P.O. within 72 hours. Many of those who insisted I was being "stupid" contacted me later and told me they wished they had done it the way I had. Do your homework and listen to your instincts on this decision. No one can tell you what to do but you.
kintml2u 12-29-2003, 07:28 PM were you suppose to do into CCC...and if you refused...did anything happen to you?
kintml2u 12-29-2003, 07:29 PM how rude of me!
WELCOME TO PTO! :wave:
Glad to have you here...and home !
Diane
Bamabelle 12-29-2003, 07:35 PM Halfway House time (if eligible-not everyone can be eligible. For the "rules" you can go to the Federal Code of Regulations - Section on Federal Bureau of Prisons) is 10% of your sentence. For example, if you have 18 months, then if eligible, you could have 1.8 months coming. However, if you got this would depend on where you were located, the halfway house involved (the community corrections officer's recommended time based on what your case manager recommends) and the number of beds available at that projected time of your arrival. All my years of experience taught me that most no one gets the maximum time of halfway house except those "long timers" and they really need more than what they are entitled to get. Refusal to take halfway house most likely WILL NOT result in a loss of privilege as this is against BOP policy and this is addressed in BOP policy. I refused mine and never once was called in or questioned at all. In fact, BOP policy states that an inmate may refuse halfway house time.
kintml2u 12-29-2003, 07:45 PM Thanks for sharing taht...that would be good to know.
Diane
ExBOPer 12-29-2003, 08:00 PM What policy states that a half-way house can be refused without penalty?
Bamabelle 12-29-2003, 08:33 PM In BOP policy (sorry, I don't have a BOP policy manual any longer :-) but worked in BOP prison library while incarcerated) and this is in the Federal Code of Regulations Section 28 (I believe) under Federal Bureau of Prisons, states that an inmate may refuse halfway house or community corrections. There is other language in other parts of BOP policy that good time can only be taken for disciplinary action. In my time, I only saw this when inmates were put in the SHU for fighting, stealing, etc. When BOP policy states that an inmate may refuse halfway house, it seems that it wouldn't stand on appeal any disciplinary action taken as a result of a refusal. Don't you agree? If you know of anyone who has had this happen, I would suggest following the appeal process immediately (unless the time has run out) beginning with the 8, all the way to the regional office. This would not stand but it's up to an inmate to initiate the process immediately.
Bamabelle 12-29-2003, 08:39 PM Actually, also if you want to look at it as a "penalty" staying the extra 10% COULD be construed as a penalty itself although I didn't see it as that. I saw it as the opposite. The Community Corrections System (usually run through or as an arm of the BOP) is a "racket" and in my humble opinion a way to trap inmates into situations where they might be sent back to prison for the remainder of their sentence. Better to stay where they were (at least for me) and leave and go straight home. I was never in trouble not once while locked up and stayed to myself. It wasn't easy but I didn't see halfway house as an "opportunity" rather, an obstacle in the road to home. Most won't see it the way I did but to each his/her own. I didn't regret it then and I don't now. I talked with my husband about it and with my children. We agreed in the end it was the best thing for all of us and we stuck by it to the end.
ExBOPer 12-29-2003, 08:44 PM Based upon my experience of working in Unit Manegement, I can tell you that refusing CCC placement (half-way house) would be ntreated as a refusal to participate in a recommended program. An inmate could lose good time days (GCT) as well. Probably not worth the chance.
I also believe that the 10% "limit" now used is unlawful.
molliecute 12-29-2003, 09:45 PM When I started this post I forgot to say that my step mom has only a 10 month sentence so good time is not earned. The stay in the half- way house would only be 30 days. She has a home, has a job and after a short time incarcerated she doesn't need to be re-trained. The half-way house she has been assigned to is 30 miles from her job and you need to apply for driving privileges which could take several weeks. It is also in a very bad part of town. She also has a 5 year old daughter that she just wants to be home with. Maybe this clears up why she wants to refuse the half-way house.
Thanks
Amy
ExBOPer 12-29-2003, 09:51 PM But in the CCC, she can work, make money and see her daughter. Someone can drive her to work or her Unit Team can request driving privleges be expedited - as long as her license is still valid.
Bamabelle 12-29-2003, 09:58 PM To ExBOPer, I guess I just got "lucky" then, didn't I? I was in Tallahassee and most inmates wouldn't refuse halfway but those who did weren't punished for it. Those BOP'ers could be a bunch of SOB's and most were. Rules were open for interpretation and not necessarily interpreted the way they were intended to be. Having a Federal Criminal Legal background helped me to help many inmates who otherwise would've been in a lot of trouble dealing with the crap that inmates get thrown into. Most are not educated and are dazed and confused when they land in prison. Of course, I landed there myself and thankfully I managed to keep my sanity through it all. And to Molliecute, you are right, your mom wouldn't be eligible for good time unless she got a year and a day. So, she walks out the door in ten months. My case manager wouldn't have given her any halfway house time. There were just too few beds to go around for so many others who needed them more. My view of the community system is that the long timers need the community system more than anyone. They've been out of the "real world" longer than anyone and it's a big enough shock getting back into it for short-timers. Imagine being locked up for 10+ years and getting out. Think of all the changes the world has gone through and then being expected to function, cope and go on with life as if nothing has changed. Some of these people don't have the strong family support system that they need in order to make it. I think halfway house is wasted all too often on those with short sentences. Your mom will make it and it sounds as if she has a great family to go home to and a good job to return to. I'm glad she has so much to look forward to and to help her get through. Good luck.
InThis2gether 12-29-2003, 10:24 PM My man didnt go to the halfway house his last bid, there were no consequences and he still got paroled a few months later, maybe its different here in jersey.
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