View Full Version : How is time calculated??


aburch2011
04-09-2011, 07:39 PM
My husband has been in county jail for 37 days and is waiting to be transfered to TDCJ. His sentence is 18 months state and 3 years TDC and they run concurrent. I was told by a lawyer friend that he will be transferred to TDC instead of State because of the TDC sentence being longer. My question is while he is at county does the time count 2 for 1? And is the TDC time 3 for 1? And was the lawyer I spoke to correct? And last does the state time have to be sat day by day in county and while he is in TDC? Any help would be greatly appreciated.
And I wanted to say thank you to all of you who have made this difficult time much easier by your support and kind words on this site!!

Firebrand
04-09-2011, 08:41 PM
His county time will count, but I don’t know about the 2 for 1 part of that. If he has an 18 month state jail sentence and 3 years TDCJ then, it’s safe to say that he’ll do half of his time in there flat. State Jail time is all day for day. By the time that ends he will have been eligible for parole already. It only takes about 5 months or so to come up on something like a 4 year sentence so, on a 3 year sentence it’s a little bit less. To say that he will go do TDCJ time instead of State Jail time is probably more likely, but it’s not certain. They do some things at times that are the complete opposite of what you think they will. Good luck to you and him.

RobinsMan
04-09-2011, 10:08 PM
County time is flat time with no 2 for 1 like one gets if they were doing county time. County 2 for 1 or 3 for 1 actually takes days off of a misdemeanor sentence and there is no such thing for TDC, state or ID. For his ID sentence he will get TDC good time for his county time but that only counts towards his Parole Eligibility Date and Projected Release Date (if he is eligible for Release to Mandatory Supervision) but will do nothing to change his Maximum Sentence Date.

Not that long ago I would have said straight up that his lawyer is wrong and that he would go to a State Jail facility to first serve his 18 months before being transferred to an ID unit but with all the space issues that TDC is having they might be doing things different these days. Absent that I would expect him to do his first 18 months at a State Jail facility because it is that sentence that will be controlling during that time.

aburch2011
04-09-2011, 10:40 PM
County time is flat time with no 2 for 1 like one gets if they were doing county time. County 2 for 1 or 3 for 1 actually takes days off of a misdemeanor sentence and there is no such thing for TDC, state or ID. For his ID sentence he will get TDC good time for his county time but that only counts towards his Parole Eligibility Date and Projected Release Date (if he is eligible for Release to Mandatory Supervision) but will do nothing to change his Maximum Sentence Date.

Not that long ago I would have said straight up that his lawyer is wrong and that he would go to a State Jail facility to first serve his 18 months before being transferred to an ID unit but with all the space issues that TDC is having they might be doing things different these days. Absent that I would expect him to do his first 18 months at a State Jail facility because it is that sentence that will be controlling during that time.

So is there a chance he would have to serve the whole 3 years of TDC? We were told from the beginning that the TDC time was 3 for 1 so it was technically only 1 year TDC. His charge is not aggravated but it is a felony. We were just wondering what to expect when he gets transferred which seems like its taking forever. Thank you for your response!

TXLAXDAD
04-10-2011, 08:08 AM
The amount of good time he earns while in TDC will depend on his line class. His line class will depend on his disciplinary record while in TDC. As Royce stated State Jail time is day for day. This is why State Jail facilities are so wild. State Jail inmate know exactly when they are going to be released. Being that he has concurrent sentences, I am not sure how it will work. Here is a quote from the offender handbook. "Good conduct time does not apply to State Jail offenders. State Jail Offenders are not assigned a time-earning status and are not eligible for good conduct time credit or parole. Only the sentencing judge can shorten the length of the original sentence."

RobinsMan
04-10-2011, 10:34 AM
So is there a chance he would have to serve the whole 3 years of TDC? We were told from the beginning that the TDC time was 3 for 1 so it was technically only 1 year TDC. His charge is not aggravated but it is a felony. We were just wondering what to expect when he gets transferred which seems like its taking forever. Thank you for your response!

There certainly is the chance that he will serve the full three years of the TDC sentence. Unless the parole board votes to release him on parole or allows his Release to Mandatory Supervision then he will serve the full three years. A TDC sentence is always served in full unless the parole board votes to allow an early release. State jail sentences are always served in full with no chance of either parole or RMS so he will do 18 months at the very least. By the time he completes his state jail sentence he will have passed not only his Parole Eligibility Date but also (again, assuming that he is eligible for it which, if his offense is non-agg, then he should be) his Projected Release Date which is the date he would be released to mandatory supervision, both assuming the parole board votes to favor. It is possible they let him parole or be RMS on the TDC sentence while he is still serving the state jail time so that he might be released after the 18 months is up. If this is his first time in prison then his chance of RMS is pretty good.

Showing him.
05-10-2011, 04:47 PM
His county time will count, but I donít know about the 2 for 1 part of that. If he has an 18 month state jail sentence and 3 years TDCJ then, itís safe to say that heíll do half of his time in there flat. State Jail time is all day for day. By the time that ends he will have been eligible for parole already. It only takes about 5 months or so to come up on something like a 4 year sentence so, on a 3 year sentence itís a little bit less. To say that he will go do TDCJ time instead of State Jail time is probably more likely, but itís not certain. They do some things at times that are the complete opposite of what you think they will. Good luck to you and him.

this might be a very dumb question but please keep in mind that this is my first time dealing with this type of situation. what is the difference between state jail and TDC? i thought they were the same. my fiancee is currently serving time in county and will be transferred to TDC in the next couple of weeks so just trying to absorb as much information as possible. thanks.

Renee
05-10-2011, 05:21 PM
this might be a very dumb question but please keep in mind that this is my first time dealing with this type of situation. what is the difference between state jail and TDC? i thought they were the same. my fiancee is currently serving time in county and will be transferred to TDC in the next couple of weeks so just trying to absorb as much information as possible. thanks.
First, welcome to PTO! State Jail and TDC are not the same, but confusingly, both State Jail inmates and TDC inmates are sometimes housed together. It depends on the sentence the offender was given. If the offender was sentenced to State Jail time, that means the inmate will serve all of the up to two year sentence day for day. There is no way to earn good time in State Jail sentences. If the offender was sentenced to TDC time, they are eligible to earn good time depending on their line class status.

Here is the time they earn for each line class in TDC:

Flat time | Good time | ABC credits |Max goodtime earned
LC3: 30 days | 0 days | 0 days | 0 days
LC2: 30 days | 10 days | 15 days | 25 days
LC1: 30 days | 20 days | 15 days | 35 days

State Approved Trusty
SAT4: 30 days | 40 days | 15 days | 55 days
SAT3: 30 days | 45 days | 15 days | 60 days
SAT2: 30 days | 45 days | 15 days | 60 days
SAT1: 30 days | 45 days | 15 days | 60 days

Hope that helps!

Showing him.
05-10-2011, 05:44 PM
First, welcome to PTO! State Jail and TDC are not the same, but confusingly, both State Jail inmates and TDC inmates are sometimes housed together. It depends on the sentence the offender was given. If the offender was sentenced to State Jail time, that means the inmate will serve all of the up to two year sentence day for day. There is no way to earn good time in State Jail sentences. If the offender was sentenced to TDC time, they are eligible to earn good time depending on their line class status.

Here is the time they earn for each line class in TDC:

Flat time | Good time | ABC credits |Max goodtime earned
LC3: 30 days | 0 days | 0 days | 0 days
LC2: 30 days | 10 days | 15 days | 25 days
LC1: 30 days | 20 days | 15 days | 35 days

State Approved Trusty
SAT4: 30 days | 40 days | 15 days | 55 days
SAT3: 30 days | 45 days | 15 days | 60 days
SAT2: 30 days | 45 days | 15 days | 60 days
SAT1: 30 days | 45 days | 15 days | 60 days

Hope that helps!

thank u so much! he got a 3 yr sentence to TDC for theft (automobile). how do i find out his line class? what is a trustee?

RobinsMan
05-10-2011, 08:15 PM
If he has a three year sentence then his sentence is not state jail but TDC (ID sentence is what it is called). His Good Time earning status (generically known as line class) will be set when he gets to TDC but everyone goes in as Line Class 1 (aka LC1 or L1). The word trusty is used in two different ways. In defining good time earning status it has no real meaning other than to give a name to the S4 through S1 classes. If there was a historical significance to how they came to be named that I don't know what it is. The other, more significant, meaning to the word trusty (or trustee) is what is known as an outside trusty and has more to do with custody level than good time earning status. Custody level is the amount of security an inmates lives and works under and an outside "trusty" is one who is determined to require less security and therefore can be assigned to perform jobs that others cannot. Only relationship between good time earning status "trusty" and an outside trusty is that only an outside trusty is assigned a good time earning status higher than S3. Not that it earns them more good time.

There are two primary differences between state jail and TDC ID sentences. One is that state jail sentences are two years or less and ID sentences are two years or more and the other is that state jail sentences are served day for day with no possiblity of early release while those serving ID sentences may be eligible for early release by either parole or Release to Mandatory Supervision. Either is completely at the discretion of the parole board so they are no sure thing but the possiblity is there and most folks make one form of early release or the other at some point.

heartfriend
05-20-2011, 10:26 AM
In my experience doing TDC time, he'll do that first, if he isn't aggravated he'll do about 25% of it, that time will count for state jail time and if he doesn't complete his state jail time at TDC, he'll finish it at a state jail facility (which is day for day) until it's done, then parole kicks in. Three for one whatever in county only counts for misdemeanors. Good luck to both of you.

Showing him.
05-25-2011, 06:07 PM
There are two primary differences between state jail and TDC ID sentences. One is that state jail sentences are two years or less and ID sentences are two years or more and the other is that state jail sentences are served day for day with no possiblity of early release while those serving ID sentences may be eligible for early release by either parole or Release to Mandatory Supervision. Either is completely at the discretion of the parole board so they are no sure thing but the possiblity is there and most folks make one form of early release or the other at some point.

he was transferred to garza west 2 days ago and is now showing on the tdc website. it says his Parole Eligibility Date is 8/15/11. so does that mean thats when he will be reviewed by the parole board. if not, then what does that day signify? also, what are the differences between parole and release to mandatory supervision?