View Full Version : Probation Jail time to DOC time...?


DLzBaby
05-18-2011, 04:28 PM
I'm really confused about something. My fiancee's PD is telling him that ALL the time he has served in jail while on probation for probation violations (his po had him in and out just about non stop for the last six month, it was hell) will count towards his DOC time. That just doesnt make sense to me, I keep thinking she must have meant just the time he has sat for this current trip, the one where he said "Ok, stop the crazyness and just send me to DOC to get me away from the PO". Can it really mean the time for every violation to date? The woman has violated him so often I've almost become used to him going to county jail, and his job got used to it so much that they just asked me about how long time he could come back this time.

Anyone know the actual truth on the time served?

Thanks

seansbabyluv
05-19-2011, 08:37 AM
I'm really confused about something. My fiancee's PD is telling him that ALL the time he has served in jail while on probation for probation violations (his po had him in and out just about non stop for the last six month, it was hell) will count towards his DOC time. That just doesnt make sense to me, I keep thinking she must have meant just the time he has sat for this current trip, the one where he said "Ok, stop the crazyness and just send me to DOC to get me away from the PO". Can it really mean the time for every violation to date? The woman has violated him so often I've almost become used to him going to county jail, and his job got used to it so much that they just asked me about how long time he could come back this time.

Anyone know the actual truth on the time served?

Thanks

I wish I could answer your question but probation is much different than prison and parole. It's under the Division of Criminal Justice not the Department of Corrections. Where DOC puts all of their rules and regs online where we can access them, probation is different. I know he gets some kind of credits toward his DOC sentence and most certainly he should get the CURRENT jail time since he's going to prison. His PD must ask the Judge to order credit for time served at sentencing. He or she will have all the paperwork showing how many days of credit should go toward his DOC sentence. Once the sentencing is over, wait a week and then go to the clerk of district court's office and get a copy of the mitt (mittimus).

That will show his sentencing information and any time credits.

You can call DJC and ask them general information about how they do credits on probation. Generally he won't get any credit while he was free on probation because he was "free". I believe any time spent in jail would be credited toward his DOC time.


http://dcj.state.co.us/Index.htm

DLzBaby
05-19-2011, 02:33 PM
I hope it counts all jail time even more now, his psycho PO ranted them out of the stipulation... the judge wouldn't take it with her objecting so loudly. I hate that woman. So now he's looking at a 4 year cap... that was the deal they reworked this morning. Anything at all up to 4 years DOC, and his PD is pretty damn sure the DA and PO will fight for 4 years.

He doesn't get sentenced right now due to this big change happening to his deal the day of, so I wont know until June 22nd. In the meantime they are screening him for comcor and ISP and doing another PSI. I think the new PSI is great, before the last one he was an active addict who had nothing going for him. Now he's been clean (with proof via UA's) for over a year, had a full time job (which is willing to take him back), and was doing everything to stay compliant... short of cutting me out of his life.

I'm just... hurt... I guess at this point. I had forced myself to accept the stipulation agreement because that was what he wanted, and now I'm having to rework my feelings with the new cap. And, what you said about that stupid DV following and messing up visitation sucks. We have long since had full contact, and I was allowed (by the original judge) to visit him, phone, and write from the day he went to jail for it. I hate to think of it swinging back and screwing up things again now. Seriously, it was only a false imprisonment charge... he wouldnt let me leave the house because he was worried I would hurt myself... and my father called the cops. Stupid. The only upside of it was that he got clean after that, realizing that drug use was going to destroy our relationship, and him as a person. I've gotten to enjoy being with him drug free for a long time now, and I don't hate that original DV charge because it gave that to me.

seansbabyluv
05-19-2011, 03:28 PM
How much longer does he have on probation? If he's eligible for ISP or direct sent to comcor, the Judge will not really want to revoke his prison sentence over a technicality like something so stupid as his PO objecting to what has obviously been a positive influence in his life...see they WANT people to FAIL. That's how they justify all of the money they get in their budgets from the legislature.

If I were him I would withdraw the deal and let them try to revoke him. I have seen Judges put people back on probation even after failing UA's especially if it involves drugs. The justice community is recognizing that locking up addicts is NOT the answer. And even though I know you've been allowed contact, the courts have NO jurisdiction over DOC and their decisions. If they decide it's not in his best interest to see you, then they won't allow it. Yep it sucks.

DLzBaby
05-19-2011, 04:28 PM
Another 4.5 years. We were aware that we could probably beat the violations if he took it to trial, but he's just done being abused by that probation officer. He's seriously been in and out of jail 5 times in 5 months... and she just drops the violations after he's out and she feels like she's punished him or whatever. Its complete and total abuse of power, she's horrible, and he just refuses to be under her any longer. We looked into changing officers and he has to stay out of violation for a period of time to get the hearing, which will never happen as long as she's his PO. She let the first year go by pretty slick... and then went crazy after the DV charge and all that it entailed.

I just talked with him and he's trying to figure out what he is willing to do. He was on ISP this time, and he doesnt think he wants to go that route again simply for fear of getting back with the crazy PO, or someone who she can mess with him through. Neither of us knows how Comcor works, so Im going to do some research for him and see what I can find out. He's really ok with going to prison if it ends the cycle of abuse, but he's also aware that parole is the same crap at the other end... so if there is a way to kill this crap without it he's willing to investigate it.

Honestly he should screen well for any of the programs. He's not affiliated, he's not even tattoo'd. He's got a decent amount of clean time behind him, along with active participation in recovery (to this day). His record is a buncha misdemeanors and the one felony that he's going through all this for. Ever since he got clean though hes been pretty much on the straight and narrow.

seansbabyluv
05-19-2011, 05:01 PM
What does his PD think his chances are of being revoked? If he has a good PD, then he/she would be putting together witnesses to submit support statements of his behalf for the court to review and consider. Has he tried going over his PO's head and filing a formal complaint against her? They are not immune, and there is a formal process to follow to file a complaint against her. Regardless of the "rule" to re-assign him to a different PO after so many months of behaving, some PO's and their clients have a personality conflict (although hers sounds like she's having one with you). He should go to her teamlead and insist that he be re-assigned to someone else.

Also call CCJRC (Colorado Criminal Justice Reform Coalition) and see what they say. They have been very big on passing legislation dealing with drug offenders especially alternative sentencing.

DLzBaby
06-14-2011, 10:16 AM
Just in case it helps someone else, we got his paperwork with the listing of what they consider "time served" while on probation. They are about 60 days off of what we get when we total everything up, but 10 months is better than zip for sure. So, its nice to know that at least most of his probation jail time will be converted (if they judge gives it to him of course).

He's still waiting on the new PSI, ComCor screening, etc and court is 9 days away. Neither of us is terribly confident it will be done on time, we expect yet another set over to be honest.

His PD isnt doing much more than she has to, not that I blame her. I've gotten a small glimpse of her caseload and I don't know how she ever sleeps. Its criminal that they are supposed to carry loads like that and still somehow find the time to do more than go through the motions. I've collected (and keep collecting) letters of reference for him to refute as many of his PO's charges as possible. I know witnesses would be much better, but he doesnt want to go to trial, he just wants this over with and away from the PO. His number one goal is to just get whatever it takes done and get home and get back to the life he was working so hard on before he went in this time.

I did get to hear from his bosses yesterday that his job is still waiting, which is wonderful to hear after over two months of him being away. Its a blessing when he gets support like that, and I am extremely grateful that they see he's worth it.

He did ask his PD to try for a bond hearing about two weeks ago, as he'd like to be collecting letters etc himself, but no news whatsoever on that front. His bond hasnt changed (its just too dang high for me to find the money for the bondsman) and I havent seen him listed on the website for court at all. I guess they could have done it as an add on without adding him to a docket or anything, but his PD is pretty good about sending him in info on whats going on and he hasnt gotten anything from her on it either.

seansbabyluv
06-14-2011, 08:13 PM
Just in case it helps someone else, we got his paperwork with the listing of what they consider "time served" while on probation. They are about 60 days off of what we get when we total everything up, but 10 months is better than zip for sure. So, its nice to know that at least most of his probation jail time will be converted (if they judge gives it to him of course).

He's still waiting on the new PSI, ComCor screening, etc and court is 9 days away. Neither of us is terribly confident it will be done on time, we expect yet another set over to be honest.

His PD isnt doing much more than she has to, not that I blame her. I've gotten a small glimpse of her caseload and I don't know how she ever sleeps. Its criminal that they are supposed to carry loads like that and still somehow find the time to do more than go through the motions. I've collected (and keep collecting) letters of reference for him to refute as many of his PO's charges as possible. I know witnesses would be much better, but he doesnt want to go to trial, he just wants this over with and away from the PO. His number one goal is to just get whatever it takes done and get home and get back to the life he was working so hard on before he went in this time.

I did get to hear from his bosses yesterday that his job is still waiting, which is wonderful to hear after over two months of him being away. Its a blessing when he gets support like that, and I am extremely grateful that they see he's worth it.

He did ask his PD to try for a bond hearing about two weeks ago, as he'd like to be collecting letters etc himself, but no news whatsoever on that front. His bond hasnt changed (its just too dang high for me to find the money for the bondsman) and I havent seen him listed on the website for court at all. I guess they could have done it as an add on without adding him to a docket or anything, but his PD is pretty good about sending him in info on whats going on and he hasnt gotten anything from her on it either.

Sean discharged his parole sentence two months before he was sentenced. His PD refused to ask for a bond reduction hearing because he said it wasn't worth it and that he was better off getting all the credit toward his new sentence that he could. Basically he was way too busy to bother filing it.