View Full Version : Initial parole hearing question


bethee
04-06-2009, 10:33 AM
My boyfriend is in whiteville. He got a 10 year sentence at 35%. He got classified just last april 2008. Why is he having his initial parole hearing after only 1 year? How does it work with the first parole hearing? What are the chances of him getting out? 35% would be 3 1/2 years on a 10 year sentence. His parole eligibility date is 7/30/2009 on foil but his hearing date for initial parole is 5/21/2009. How does this all usually work?

superdreamATM
04-06-2009, 03:11 PM
My husband had a hearing set at one year because he had a parole violation. But then they went ahead with what they called a "time setting" hearing only 7 months after he was incarcerated for his new charges (although they gave him 5 years % 45%). His FOIL info showed a parole eligibility date in 2010 so i don't know why they went ahead in 2008 and did the hearing. Its all so confusing.. I know they also have a "release valve" date which could mean possible parole before the eligiblity date. But then again i have no idea how they determine that!

Odd Mushroom
04-06-2009, 06:56 PM
This whole parole bullshite is foreign to me.
They lead up to believe that you could be paroled, only to say (9 times out of 10) "come back next year and we'll see."

superdreamATM
04-07-2009, 08:11 AM
I agree, you really can't depend on what they say. And why even have a parole hearing when they 99% of the time put you off again? My husband keeps saying "they can't keep me more than 9 months" and I don't know how he figures it, but (unfortunately) he is not new to this so i have to just trust him on what he says about the time.

papisgirl
04-07-2009, 09:12 AM
This whole parole bullshite is foreign to me.
They lead up to believe that you could be paroled, only to say (9 times out of 10) "come back next year and we'll see."


In our case it was come see us in three years.....:blah: than they changed it to 2 years 10 months..

Odd Mushroom
04-07-2009, 09:32 AM
When will that be for you?

papisgirl
04-07-2009, 09:46 AM
Oct 2011 at first they said Jan 2012 and than he changed it to Oct 2011, I look at it as if they wanted him to be out for the holidays since he has been in so long, but than again with TNDOC you can't think you just have to go with it.

Beesgirl
04-10-2009, 11:57 AM
Did he violate probation and then get his 10 y/r sentence put into effect? If so, they count time on community corrections probation as street time (jail time), which will go toward his 35%.

Other than that, I agree with whoever said they have "safety valve" dates. My inmate had already passed his safety valve date when he first went it cause he was sent to TDOC because of probation violoation and his sentence was put into effect. He had 8 years at 30%. He went in July 08 and with his street time and actual jail time, his 30% would be up about June or July 09 I think. Anyway, with time credits for good behavior and such, his RED date is 05/06/09. His first parole hearing was 03/25/09 (it had been 03/08/09 but they changed it when he moved to HCCF, as they do their hearings later in the month).

At his parole hearing he was recommended for parole!!! YAY (first time up). All thep paperwork has gone through and it's a done deal....we are just waiting for the day now. They are not letting him go on his RED date.......but have requested he stay until 06/22/09....which is fine with us. At least we have a date now.

I will say this: I have learned that while a lot of people do no make parole the first time, there is still hope. There were several up that same day for the first time that made it. Of course, it all depends on time you have already served, what your crime was, your institutional behavior (ie, write-ups), points (my inmate is a -2), and any programs you have completed while incarcerated (which he did complete a couple).

Also, my inmate already has a job lined up when he gets out. I'm sure that didn't hurt.

Beesgirl
04-10-2009, 12:00 PM
I guess I should add that if you don't know what a safety valve is....my understanding is that it is a date they give you for possible early release in case the prisons are overcrowded.....I'm assuming they treat it like regular parole hearing. I'm not sure how they figure that specific date, but, like I said, my inmate had already passed his...........of course, he was on probation for 4 years before he violated....the big dummy.

papisgirl
04-10-2009, 09:17 PM
i will say this: I have learned that while a lot of people do no make parole the first time, there is still hope. .


hope keeps faith alive !

superdreamATM
04-15-2009, 08:21 AM
Beesgirl, congrats on the parole! Even though your man has to wait another couple months, at least you have a light at the end of the tunnel. I am so confused about the different dates,the safety valve, etc... My husband keeps saying "I won't be locked up forever" and that they can't keep him more than 9 months. But how he figures it out, I have NO IDEA!!! I just have to trust him. After all, he has done this rodeo twice already.. Keep us posted on your guy's situation! And that is great he has a job lined up! that does help!

Beesgirl
04-15-2009, 01:52 PM
Beesgirl, congrats on the parole! Even though your man has to wait another couple months, at least you have a light at the end of the tunnel. I am so confused about the different dates,the safety valve, etc... My husband keeps saying "I won't be locked up forever" and that they can't keep him more than 9 months. But how he figures it out, I have NO IDEA!!! I just have to trust him. After all, he has done this rodeo twice already.. Keep us posted on your guy's situation! And that is great he has a job lined up! that does help!


Thanks Superdream! We are counting down the days! Hope things work out for you guys, too.

ta2mikeinTN
05-21-2009, 08:02 PM
My boyfriend is in whiteville. He got a 10 year sentence at 35%. He got classified just last april 2008. Why is he having his initial parole hearing after only 1 year? How does it work with the first parole hearing? What are the chances of him getting out? 35% would be 3 1/2 years on a 10 year sentence. His parole eligibility date is 7/30/2009 on foil but his hearing date for initial parole is 5/21/2009. How does this all usually work?


This date is what is affectionately referred to as the "safety valve." There are many possibilities with this date although not likely that a release dat ewill be forthcoming. It is generally used to give the offender an idea of what the parole board wants the see from them when the next parole date comes around. I have seen them give release dates on the safety valve from imediate release to a couple of years in advance, I have also seen them, in one case, give a 10 year re-hearing. If this is their first sentence, tell them not to BS the parole board, they dont like that and will let him know in calendars how much they dont like it.

superdreamATM
05-22-2009, 09:40 AM
I am confused too. My husband was told at his parole violation hearing that he'd have a new hearing in a year which would have been April 2009. Then they did a time-setting hearing just a few months after he went to prison, I think it was in June '08. And so he didn't have his hearing this year but he has expired the time on his original sentence. Now he has a reclassifcation coming up. I don't know when they will do a parole hearing. The dates on FOIL, he says are NOT the same as what the counselor has in his TOMIS records. I am totally confused about how they do things...

NotherWife2
05-22-2009, 10:08 AM
I am confused too. My husband was told at his parole violation hearing that he'd have a new hearing in a year which would have been April 2009. Then they did a time-setting hearing just a few months after he went to prison, I think it was in June '08. And so he didn't have his hearing this year but he has expired the time on his original sentence. Now he has a reclassifcation coming up. I don't know when they will do a parole hearing. The dates on FOIL, he says are NOT the same as what the counselor has in his TOMIS records. I am totally confused about how they do things...

I am confused also. What do you mean he has expired his time on his original sentence? Did he have more charges after? What did the Judge order? How many good days does he get every month?

NotherWife2
05-22-2009, 10:26 AM
This MIGHT have the information you are looking for
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

40-35-501 Release Eligibility Status Calculations
OR
40-35-503 Authority to determine relese status of felon - Grounds for denying release status - Hearings - Parole Potential

papisgirl
05-22-2009, 10:39 AM
That site was/is my bible dealing with what Papi and I are going through...lmao. I find that when you quote from here and not the TNDOC policy and procedures than the realize you know what the heck your talking about.

NotherWife2
05-22-2009, 11:25 AM
That site was/is my bible dealing with what Papi and I are going through...lmao. I find that when you quote from here and not the TNDOC policy and procedures than the realize you know what the heck your talking about.

It all depends on the question that was asked. Many of the questions are actually prison related, therefore the answers (even with the TDOC disclaimer of Wardens Discretion, they ARE the answer). Even the TN Codes are not literally followed, I guess that it is at the 'discretion' of the Judge -- what laws to follow and how and the mood they are in that day....

Odd Mushroom
05-23-2009, 09:18 AM
as I said before - Policy Queen.

I just paid attention to policy(ies) regarding my post.
Probably should have looked a bit closer to 305.3

NotherWife2
05-23-2009, 10:57 AM
as I said before - Policy Queen.

I just paid attention to policy(ies) regarding my post.
Probably should have looked a bit closer to 305.3

This one I guess is NOT at the "Wardens Discretion", they made this one a law ---- ohhh I wonder if then it is at the Judges discretion...
Nah, the dirty Judges would love this one.
:angry:;):cool::eek:

Odd Mushroom
05-23-2009, 02:13 PM
This one I guess is NOT at the "Wardens Discretion", they made this one a law ---- ohhh I wonder if then it is at the Judges discretion...
Nah, the dirty Judges would love this one.
:angry:;):cool::eek:



ROLMFAO!!

57358
BTW - Has anyone seen my underwear?

superdreamATM
05-24-2009, 08:18 PM
fyi..if i didn't say it before (i am forgetful)...when i wrote the asst commissioner and cc'd the warden of SCCF, and QUOTED TDOC POLICY...they then finally responded to my husband in writing. Hmmm INTERESTING? Coincidence?