View Full Version : Does IDT time count towards sentence?


D13
07-27-2009, 05:08 AM
My wife went through the IDT program while in custody in Tarrant County. CDC1 gave her 3 years probation in August of last year but the court officer required her to UA the day of her appearance which came back positive. The conditions of her probation required her to attend the program WHILE on the outside, but the court officer changed it because of the dirty UA. She surrendered herself a week later and spent 102 days at Tarrant County until she completed the program. She technically was not an inmate during that time as she was not convicted of a crime and was officially on probation.

She picked up another charge May of this year, while on probation, and has been in custody since the 26th of June. She signed for 4 years concurrent for both cases and is waiting to pull chain. All of her time since the 26th of June will count but we didn't know if those 102 days would. Did our opportunity to get the time slip past us when she signed? Who would I/we/she contact to find out? I'd rather hear that it wouldn't count rather than it would've counted had someone mentioned it! It would really SUCK if that were the case. . . . Thanks for listening

D13
sorry for sounding so bitter:banghead:

RobinsMan
07-27-2009, 08:00 AM
If the time counts and the court/sheriff's department missed it then it can still be corrected. I think that the time spent confined in a court ordered residential treatement program can only count towards any subsequent prison sentence if the community supervision was for a deferred adjudication rather than straight probation. But you should probably consult with an attorney to be sure.

D13
07-30-2009, 10:14 PM
Thanks for the info RobinsMan. I got a chance to talk to the wife about her IDT back time. She was able to get some info from the law library and from what she learned, she'll be able to request for it after she's been through diagnostics. From there it's up to the parole board to decide whether or not it'll be granted. I guess, as usual, it's up to GOD and the powers that be. . .Thanks again!!

D13

RobinsMan
08-02-2009, 09:17 AM
The parole board will have nothing to do with deciding if she has more backtime coming to her. She can request that TDC do a review to verify that they have properly applied backtime as reported to them by the county but if the county has made an error it will require going back to the sheriff's department (who actually tallies the backtime) or the court which orders the backtime be awarded. Before posting the reply above I re-read the appropriate statue in the Texas Code of Criminal Procedure to make sure my memory served well so, insofar as I can read the statute correctly (not a sure thing at all), I think the evaluation is correct. I'll paste the statute in below so you can read the same words that I am reading. Section 2(a)(1) says that any time spent in jail for the case shall be awarded as backtime except for time confined as a condition for community superivsion (probation or deferred adjudication). I think that the IDT falls into this category. Section 2(a)(2) provides for two exceptions to 2(a)(1), one being time spent in SAFP and the other any court ordered community residential treatment program but only if it was done as a condition of deferred adjudication and the program was successfully completed. It probably takes a lawyer to say with any certainty.

Art. 42.03. PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL.
Sec. 1.
... (not about backtime, RM) ...
Sec. 2.
(a) In all criminal cases the judge of the court in which the defendant is convicted shall give the defendant credit on the defendant's sentence for the time that the defendant has spent:
(1) in jail for the case, other than confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court; or
(2) in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or another court-ordered residential program or facility as a condition of deferred adjudication community supervision granted in the case if the defendant successfully completes the treatment program at that facility.

D13
08-02-2009, 01:39 PM
Robinsman, THANKS for the heads up. I would have to agree with you on how that TCCP statute reads. There are times when I wish my reading comprehension was back to kindergarten level. :dizzy: I'd still like to run it by an attorney just for my own sanity. Oh hell, now I've got to break the news to the wife. Lucky for me, she's not strong enough to claw through the Lexan!:banghead: Thanks again!

most respectfully,
D13

catwoman1314
08-04-2009, 10:33 PM
My wife went through the IDT program while in custody in Tarrant County. CDC1 gave her 3 years probation in August of last year but the court officer required her to UA the day of her appearance which came back positive. The conditions of her probation required her to attend the program WHILE on the outside, but the court officer changed it because of the dirty UA. She surrendered herself a week later and spent 102 days at Tarrant County until she completed the program. She technically was not an inmate during that time as she was not convicted of a crime and was officially on probation.

She picked up another charge May of this year, while on probation, and has been in custody since the 26th of June. She signed for 4 years concurrent for both cases and is waiting to pull chain. All of her time since the 26th of June will count but we didn't know if those 102 days would. Did our opportunity to get the time slip past us when she signed? Who would I/we/she contact to find out? I'd rather hear that it wouldn't count rather than it would've counted had someone mentioned it! It would really SUCK if that were the case. . . . Thanks for listening

D13
sorry for sounding so bitter:banghead:
You can look my posts up for SAFP. Its My understanding they can get time credit while waiting for a program,but not while in one:mad: