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  #26  
Old 02-14-2011, 11:34 AM
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i found him, hes in deuel vocational institute, tracy california in reception
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  #27  
Old 02-14-2011, 11:49 AM
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I am glad you found him. If you need any info on DVI you can go to that forum and ask any questions you could think of. Since he is reception he will not be allowed any calls, but you can write to him right away, and send him some stationary stuff so he can write to you.
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  #28  
Old 02-14-2011, 07:43 PM
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Originally Posted by 2sleepy View Post
So, if this is his first violation- they might be breaking the terms of the interstate compact by returning him. And as far as I know, when they sign the agreement for the interstate compact they agree to be held responsible for the costs of being returned to the sending state.
It is his first violation. But they cover themselves in every way. In the rules of the Interstate Compact:

Rule 5.101 Retaking by the sending state
(a) Except as required in Rules 5.102 and 5.103, at its sole discretion, a sending state may retake an offender, unless the offender has been charged with a subsequent criminal offense in the receiving state.
(b) If the offender has been charged with a subsequent criminal offense in the receiving state, the offender shall not be retaken without the consent of the receiving state, or until criminal charges have been dismissed, sentence has been satisfied, or the offender has been released to supervision for the subsequent offense.

Rule 5.105 Time allowed for retaking an offender
A sending state shall retake an offender within 30 calendar days after the decision to retake has been made or upon release of the offender from incarceration in the receiving.

And the only thing he did sign in regards to the transfer was that he would not FIGHT extradition. But THANK YOU 2sleepy!
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  #29  
Old 02-16-2011, 09:26 AM
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2sleepy he was not there on an interstate compact. He had abscounded to there. Here is her quote from page one.

"and hes in jail for violating his parole for moving to hawaii to stay out of trouble, he hasnt done any other crime since hes been in hawaii"

So what you found does not stand. Once he abscounded they can take him back to CA whenever they find him.

As for going down south I am not sure if they make them go back to the county they are from before going to prison. From the ones I have read about they usually go to the nearest county then straight to reception. I guess the plane they had him on landed in Sac. and that is why he was in that county and he was probably transfered to DVI where he will see the board to find out how long he will have to do on the violation. If you do not hear from him soon use the inmate locator to see if he is in the system yet.
my mistake, thought he had transferred- not absconded. Thanks for clarifying
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  #30  
Old 02-16-2011, 08:13 PM
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You don't go before a Judge after being extradited for a parole violation. You go back before the Board Of Parole Hearings(BPH). That is following the parolees return to Callifornia.

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  #31  
Old 02-17-2011, 10:14 PM
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you were right crazymailman hes at dvi thanks for your post
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  #32  
Old 03-01-2011, 03:51 AM
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Cool when will cali get him?

how long does california have to pick up a inmate for transfer? if they dont get him will he be released?
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  #33  
Old 03-03-2011, 09:49 PM
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how long does california have to pick up a inmate for transfer? if they dont get him will he be released?
It all depends on what State he is located. I know my BF"s bro got arrested in AZ one time for a traffic violation. They found out he was wanted in CA for a violation not reporting to his PO and being in another state. Long story short,they put him in a AZ jail for about 1 1/2 weeks and send him to Chino he was listed as a fugitive. He did about 10 months give or take in Chino afterward.
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  #34  
Old 03-04-2011, 07:03 AM
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how long does california have to pick up a inmate for transfer? if they dont get him will he be released?
I forgot to add to my post. He will not be relased if he was picked up in another state for a violation. He most definitely will be send back
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  #35  
Old 03-04-2011, 07:53 AM
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4Ivy is corret CA always picks up guys that are found out of state. It does not matter where they are CA will be there to get them sooner or later.
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  #36  
Old 03-04-2011, 09:47 PM
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how long does california have to pick up a inmate for transfer? if they dont get him will he be released?
From personal experience, Cali doesn't seem to have a deadline to come and pick someone up. We were even told by someone that if they have to they will call the jail, release the hold and then immediately put another hold on the inmate, so starting the clock over again. There has GOT to be some formula they use though.

Example: My ex-brother-in-law took off years ago, trying to disappear from a bad marriage. He lived in Arizona and Cali. He eventually did time out in Cali for idk...probably drugs/dealing....when he was paroled, he took off and came back home... when he was picked up for a new crime, he was flagged as absconding from Cali, there was a warrant for his arrest. He spent a couple of weeks in prison, waiting for Cali to decide and finally they said, forget, we don't want him.

But my husband, legitimately did an Interstate Transfer, but after a few months violated his parole by commiting a misdemeanor. Once everything settled with the current case and Cali was informed of outcome, they said they were coming for him. It took them about 20 days until CDCR personnel showed up to fly him back to Cali for a parole violation. Weird thing is when he was talking to the guards, they said he was being charged with Absconding...hmmmm....

I just find it strange that when budgets are strained and stretched, and governments are putting health care and schools and people's jobs on the chopping blocks to save money, they think NOTHING of flying people back from all over the country for what?!? My husband said a guy that was picked up right before him from another state has taken off 3 times! Each time they give him 9 months at 50%....why not just let him be another states problem? Especially when Cali has the highest prison population in US?

Sorry for spouting, its just when things could have easily been handled right here, and its like the CDCR has to be DRAMA QUEENS when it comes to this....
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  #37  
Old 03-05-2011, 03:18 PM
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Quote:
From personal experience, Cali doesn't seem to have a deadline to come and pick someone up. We were even told by someone that if they have to they will call the jail, release the hold and then immediately put another hold on the inmate, so starting the clock over again. There has GOT to be some formula they use though.

They really don't have a deadline at least I don't think so. Most likely it will has to to do when the transpo will pick them up. From personal experience my BF's bro got picked up twice for a violation in the same state and got send back. The first time he was send back within 3 days the last time it took them almost 2 weeks or more. He got stopped in both cases for a traffic violation and did some months in Chino aferward for not reporting to his PO and being out of state. All in all I think it has to do with the PO and he decides what to do with an inmate if they get picked up for a violation. There is no rime or reason if ever with the "CDC'r".
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  #38  
Old 03-05-2011, 04:12 PM
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Alright so cali got him yesterday! yay! so he spent about 2 weeks in county. Enchanted wolf: He got a transfer out of state then california took him back??? What? Why? this is the stupidiest thing I have ever heard!! We are working on a transfer right now from cali to Oregon but I did not know they could do this from what I got out of it is the receiving state has responsibilty for him I mean that would make since.. My guy is going back on 9 months with half time and from there I really hope that transfer goes through and he dosent get another charge which Im pretty confident he wont but stuff happens Im just so sick of dealing with california!!!
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  #39  
Old 03-05-2011, 04:15 PM
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If they get a parole violation while on a interstate compact CA will take them back and make them do the violation here. Then you have to go thru the hole transfer thing again. Even on a interstate compact they have to follow all the parole rules of CA. The recieve state can add rules, but they can not override any conditions that CA puts on them. Basically the recieving state is just kind of doing the work for CA while the guy is on parole but from what I understand CA is still in charge of the guy and if they want to make them come back if they have a violation they have every right to go and get them.
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  #40  
Old 03-05-2011, 08:01 PM
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If they get a parole violation while on a interstate compact CA will take them back and make them do the violation here. Then you have to go thru the hole transfer thing again. Even on a interstate compact they have to follow all the parole rules of CA. The recieve state can add rules, but they can not override any conditions that CA puts on them. Basically the recieving state is just kind of doing the work for CA while the guy is on parole but from what I understand CA is still in charge of the guy and if they want to make them come back if they have a violation they have every right to go and get them.
Your right on the fact that the receiving state is in effect, working for the sending state as a proxy. My husbands PO would makes statements to that effect, that she was just working for Cali in my husbands case. She also stated that in a few weeks she was going to send a report to Cali about how my husband had been compliant, etc etc. and she was going to suggest that he be released from parole, but it was only going to be a suggestion. But on the flip side, my husband had to pay monthly for "parole costs" here...it depended on how much you were making....example: $0 to $200 was $20 a month, $200-$400= $40 monthly (these are just examples, I don't remember the exact cut offs). I guess I just didn't understand why Cali couldn't have used the power they had in this situation to just say he should do x-amount of time for parole violation and then go back on parole, and have stayed here within the state.

Also, a "just wondering why" question...why in reception are they not allowed phone calls?
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  #41  
Old 03-05-2011, 08:06 PM
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Enchanted everyone asks that question. I know how important those calls are. Also what you said about letting them do the violation in the receiving state is a good idea but I bet the recieving state does not want the expense of housing another inmate especially not one they did not sentence. They figure let CA pay for that inmate if they want him in prison.

I never knew you had to pay to be on parole in another state. Is it like that in all states I wonder. This is something I need to look into cause C is trying to trnasfer his sons probation from CA to OR. If it is going to cost that might make it a harder decision since he is now just making it pretty much. Thanks for that info even if you did not know you were giving it to me.
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  #42  
Old 03-05-2011, 09:36 PM
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Enchanted everyone asks that question. I know how important those calls are. Also what you said about letting them do the violation in the receiving state is a good idea but I bet the recieving state does not want the expense of housing another inmate especially not one they did not sentence. They figure let CA pay for that inmate if they want him in prison.

I never knew you had to pay to be on parole in another state. Is it like that in all states I wonder. This is something I need to look into cause C is trying to trnasfer his sons probation from CA to OR. If it is going to cost that might make it a harder decision since he is now just making it pretty much. Thanks for that info even if you did not know you were giving it to me.
Thanks Shari for you insight! So you don't know WHY they are not allowed phone calls in reception? Just wondering....

About the Parole charging a fee issue, I guess you would have to contact the state directly. We didn't know about this until AFTER my husband arrived here.

I guess I am debating the case of my husband alone. He was following his parole instructions, per say, to the letter. He got a job...he was working 6 days a week, 11 hour days...he reported to Parole Office on appt days, he was here for appt at the house. If he had gone just a few more months, he "might" have been off of parole... this was a New Case and as such, it was committed in this state, NOT Cali. And he was taken to court, plead guilty and was charged with time. He served that time here in a local jail. Then Cali stepped in and extradited him back. That is where I am having issues.

But in the end, what has been done, has been done. We are growing and learning each day from this. (What we are learning is not to trust anyone, especially those in power) My daughters and I have taken it the hardest. They loved their step Dad... he treated them like Princesses. In our prayers at bedtime, per their request, I have to make sure I ask God for an speedy return of their Step Dad to us...but it's getting hard when nothing changes, no phone calls...my babygirl today says..."Mom, this is taking FOREVER!!" My only response..."I know"....And my youngest son... my husband always wanted him dressed nice...and was always buying him new clothes and such....a Sharp Dressed Man... He will ask "When is he coming home?" but I don't have the answer.... We are Christians...we believe in forgiving others for the wrongs they do...just as we are forgiven by God for the wrong we do... so this is just not easy to explain to them... that the Government, they don't forgive. I guess that is really what I should be telling them. I dunno.....
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  #43  
Old 03-06-2011, 06:40 AM
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What really stinks is depending on how long they give him there is a chance that he might have to do the whole violation in reception. I have been seeing that happen at Donovan. I am not sure it if is happening at DVI. I guess all you can tell them is that he is on a time out for the phone but that they can send him letters as much as they want and he can write them back. We both know how important those letters are to them. I also do not understand why they would make him go back to CA that really is dumb. He did his time for the new charges, but I bet it is a money issue. You know that your state would probably charge CA for keeping him in any longer than he was senteneced so they would rather just spend the money in CA then send it to another state. Yea like CA has the money to spend in the first place. Has he gone to board yet to see how long they are going to give him?
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Old 03-06-2011, 09:06 AM
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Originally Posted by betsyblue View Post
Alright so cali got him yesterday! yay! so he spent about 2 weeks in county. Enchanted wolf: He got a transfer out of state then california took him back??? What? Why? this is the stupidiest thing I have ever heard!! We are working on a transfer right now from cali to Oregon but I did not know they could do this from what I got out of it is the receiving state has responsibilty for him I mean that would make since.. My guy is going back on 9 months with half time and from there I really hope that transfer goes through and he dosent get another charge which Im pretty confident he wont but stuff happens Im just so sick of dealing with california!!!
He has to be in compliance with parole for the out of state transfer to be processed, I am not sure if they consider being in prison on a violation means they are out of compliance or not..
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  #45  
Old 03-06-2011, 11:23 AM
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Has he gone to board yet to see how long they are going to give him?
His one and only letter was date Feb. 27th and he was still at Deuel (DVI) but officers had told him that he was going to be moved to a southern prison eventually(he figures it will be Chino). He had NOT had his time in front of board yet but he said Cali had 15 days from when he was picked up and that was Wed. Feb 23.

Oh and regarding the COST of extradition, he was told that Cali pays for it by the police/guards that picked him up.
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Old 03-06-2011, 04:59 PM
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Why are they moving him down south? You know you can never believe what the CO's tell you. I would think that he woud go to the board at DVI and then you know the drill wait for a bed to open up on your leave. I know of a girl from Donovan that her guy did his whole bid in reception cause they never had a place open up for him. I sure hope that does not happen to you guys cause I know you really want those calls.

That is good to hear that CA had to pay the extradition costs, but it is to bad for the CA taxes payers that their money is being wasted on such a dumb thing to bring someone back to sit in prison for a few month again at tax payers expense. To bad they do not really know how their money is being wasted.
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Old 03-06-2011, 05:24 PM
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He has to be in compliance with parole for the out of state transfer to be processed, I am not sure if they consider being in prison on a violation means they are out of compliance or not..
If he is in prison for a parole violation he can not have his parole transfered out of state. The law requires parole violators to return to the parole unit that violated them. If he is not a parole violator he should immediately see his counselor and do the out of state parole paperwork. The process takes about 120 days,so it may not get finished but someone can get it started. If the inmate does not get it started he can have his parole agent do it. It will take longer
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Old 03-14-2011, 08:27 PM
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My husband violated his parole while on an Interstate Parole Transfer...he was extradited back to Cali for the violation...he has been in front of board...or he calls it the Valdivia Hearing...and was given his time... He believes he should be transferred back to Southern Prison---Chino--and is wondering why it is taking so long...from all I have read is it just a matter of waiting for a bed to open up???(He wanted me to ask this question on PTO as previous information has been right on)...

Also I wonder, will he have the SAME parole officer in Cali that he had before he left??? Or will he get someone else???
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Old 03-15-2011, 08:39 AM
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Yep it is just a wait for a bed to open up, and as you know there is no quarentee on where he will go. Just because his case was from southern CA that does not automatically make him go to a southern prison. Tam (you remember her right) was from northern CA and her guy ended up in Jamestown. There are lots of southern gals in fire camp right now from Southern CA and their guys are all in Northern camps. Again it is just the luck of the draw on when and where a bed opens up. How long did they give him? I have acutally been reading of guys doing their whole violations in Recp. cause a bed never opened up for them. I know that will really stink. As for the PO from my experience with my late fiance he always had the same PO everytime he got out from doing a violation so as long as he is still there I would think it is the same. But I wonder since he was transfered out will they give him a new one? Huh I wonder.
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Old 03-15-2011, 11:20 AM
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Yep it is just a wait for a bed to open up, and as you know there is no quarentee on where he will go. Just because his case was from southern CA that does not automatically make him go to a southern prison. Tam (you remember her right) was from northern CA and her guy ended up in Jamestown. There are lots of southern gals in fire camp right now from Southern CA and their guys are all in Northern camps. Again it is just the luck of the draw on when and where a bed opens up. How long did they give him? I have acutally been reading of guys doing their whole violations in Recp. cause a bed never opened up for them. I know that will really stink. As for the PO from my experience with my late fiance he always had the same PO everytime he got out from doing a violation so as long as he is still there I would think it is the same. But I wonder since he was transfered out will they give him a new one? Huh I wonder.
He received 8 months at half time and he seems under the impression their giving him time served. No formal erpd yet. He said he asked Commissioner to add on a condition of "no drinking" to his parole terms. Yeah! I'm proud of him. Its the first step on a long road ahead. We have only been able to communicate by letter and it took my letter 10 days to get to him and his letters seem to take about 5 days to get to me. I was wondering about the Parole Officer cause he has said in the past sometimes they just up and change his PO whenever it seemed they wanted too...I would just like to be able to talk to his PO soon to discuss future plans if possible. Thanks Shari!
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