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Old 09-21-2018, 10:46 AM
rockchalk1 rockchalk1 is offline
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Originally Posted by SuzNJim View Post
My husband is in the Camp La Tuna in Anthony, New Mexico / Anthony, Texas - it's right on the border. I used to live in El Paso so I was close enough to visit him and I have since moved to Las Cruces, NM the other side of the border.

Parker is the case worker at Camp La Tuna and is not releasing my husband until April, 2019... just 2 months before his formal release date. He has never had a single write-up, has never had any points against him, and has acquired "good time" to the extent that the warden actually wrote him a letter stating he is "eligible for release November 13, 2018" but there are no beds.

My husband is 67, will be 68 on December 1, 2018, he is retired, on Social Security and disabled. He cannot work because he is unable to sit or stand for long hours or walk long distances.

They say there are "no beds" so they refuse to release him on his eligible release date of November 13, 2018 and are pushing it out to April, 2019. That's an extra 5 months... for what? Because Parker doesn't like him filing BP9s since he was advised that he will not be released on his eligible release date? Other inmates are released several months early who have spent less time and have caused problems - had points against them - and here he has never had a single point against him, has been in 4x as long as he was supposed to be (was sentenced for everything they brought against him, not just what he was convicted of, hence Nelson) has restitution of $2.1 million when the only conviction was $75,000 and now they are trying to keep him there for an extra 5 months.

Is there a way to force them to release him to home confinement rather than waiting for a bed? A half way house is just a formality. He would never be able to get a job since he is retired/disabled.

What do I need to do to get him released the day he is eligible?
Have you talked to an attorney who deals in post sentencing issues that can contact the probation office and work with the Bop to get him on direct home confinement? There is a program called LMP which is skipping the HWH and going right to Hc. My husbandís P.O. mentioned this to us in his pre release Home inspection. A lot of hwh or prisons also donít want to release to this program because they lose the money and they would rather release a problematic prisoner than one who causes no problems. Sad but true. My husband is to be released to straight HC after orientation but now we have found there are even problems the hwh is causing with that and decided to retain an attorney and he instead is first going to try to go the LMP route. He knows my husbandís P.O. which is a plus also but weíll see. Just would rather he not be in the hwh more than necessary.

At the end of the day, heís still in custody even in the hwh so they donít need to release your husband even if he is eligible. Last year with the hwh closings a lot of inmates lost their hwh time and because of full beds had to wait to go to the hwh delaying their release from the facility.
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