Boyfriend going to state prison in California, confused on sentence/release

Ginalovesjoe · #1 12-18-2019, 05:00 PM

My dude and I have been together 6 years. I've held him down through long county terms but never prison. He was charged with a couple misdemeanors but was on felony probation. So yesterday he plead nolo the misdemeanors as well as the violation. For the misdemeanors he was given county time. But the violation 2 years prison. He already has 166 days credit. On the sheriff website it says he is to be released in June. Says the same thing on vinelink. Then I got an email from vinelink saying he gets out this weekend. But when I spoke to a sheriff at the jail they looked him up and told me within the next couple months the state will pick him up. So I'm assuming he Is going to prison.

Can anyone tell me what they think?
Also can anyone share their experience with this? It's all new to me and I have no idea what to expect.

**fbopnomore** · #2 12-18-2019, 05:30 PM

Welcome to Prison Talk. With California's good time laws, a 2 year sentence can be shortened by up to 50%. It will depend on where CALI decides to send him to serve his sentences; the jail he is already in, or it could be changed after he is moved to a different jail or prison. Once he arrives where he is really going, he can learn what he is actually facing from his counselor/staff member there.

Just a guess, but what you have found out already may just be the preliminary release date decision from his current jail.

Ginalovesjoe · #3 12-18-2019, 09:30 PM

Thanks for your response. The June release date is what I'm guessing. What is confusing me is the email and text notifications I'm getting from vinelink tell me he is out the 21st.

**sidewalker** · #4 12-19-2019, 08:30 AM

Ive not used vinelink so that part I dont know.
But I'd tend to guess the sheriff who told you that its June, is probably right.
Im sorry this happened. Sucks to sort of get your hopes up but in your gut you know that vinelink emails are incorrect.

Btw, I'd not tell him this. It will only mess him up, ya know?

Ginalovesjoe · #5 12-19-2019, 10:17 AM

Thanks. And yeah I'm not telling him. My gut is telling me the Dec 21st release means he is getting sent to prison this weekend....which is a whole nother stress. I'm supposed to visit this weekend and get a release of property so he doesn't loose his stuff.

gvalliant · #6 12-19-2019, 11:16 AM

Quote:

Originally Posted by Ginalovesjoe

Thanks. And yeah I'm not telling him. My gut is telling me the Dec 21st release means he is getting sent to prison this weekend....which is a whole nother stress. I'm supposed to visit this weekend and get a release of property so he doesn't loose his stuff.

The Dec 21 date makes no sense. They do not give any indication when someone is going to state. If he is going, a guard will tell him a few hours in advance to get ready. Then they pick him up and go. You on the outside get no notice or indication. He will just be gone.

Not certain he goes to state. He will be serving 33%, 50% or 66% of his term. His specific percent will likely be indicated on his court transcripts. Regardless, since he has 166 days credit already, that June date sounds like a good bet. If so, I would be surprised they send a guy upstate when he has barely 6 months left to serve. Would be a waste and in recent years to keep population down CDCR has tried to push short term guys, less than a year, out to county jails

**fbopnomore** · #7 12-19-2019, 11:29 AM

So 33% is also a possibility? I was under the (probably inaccurate) opinion that prisoners who were designated to local jails from CDCR prisons have a better chance for day for day/serve 1/2 of the sentence, good time. Cali has far too many inmates locked up for possession of marijuana and other petty crimes, some of which are legal when the correct bureaucratic procedures are followed, who should all be released today, without "supervision". But serve 1/3 of the sentence , even if all non violent crimes aren't eligible, is a good start.

Ginalovesjoe · #8 12-19-2019, 11:41 AM

This is the other thing that's confusing me...i tried inserting a screenshot but it's not letting me. For his sentencing it's showing the disposition code state prison. Number of days sentenced 0. On the la court site it shows no prison sentence vinelink again told me he is being discharged this weekend.

gvalliant · #9 12-19-2019, 11:51 AM

Quote:

Originally Posted by fbopnomore

So 33% is also a possibility? I was under the (probably inaccurate) opinion that prisoners who were designated to local jails from CDCR prisons have a better chance for day for day/serve 1/2 of the sentence, good time. Cali has far too many inmates locked up for possession of marijuana and other petty crimes, some of which are legal when the correct bureaucratic procedures are followed, who should all be released today, without "supervision". But serve 1/3 of the sentence , even if all non violent crimes aren't eligible, is a good start.

I've heard, but not directly experienced, people assigned to county getting out in weeks when they are supposed to be in many months. California has such a huge prison population that they do this to alleviate crowding issues apparently. A stupid overall problem and situation here.

But yes, CDCR has always had categories of 33% time but not many. Also 50%, 66%, 80%. Those percents were fiddled with a couple years back under prop 57. The 33% category is select offenses min security short time people or anyone who has a non-violent offense and worked their way to firecamp. There are other factors that go into percent determination.

Getting 33% was a benny for doing firecamp, usually drawn from min security folks. Since some of those already were getting 33% (or even 50%) people would say why bother, I'll just sit in my cell and chill. They struggled a little to fill the camps and have progressively loosened restrictions for getting in.

gvalliant · #10 12-19-2019, 11:55 AM

Quote:

Originally Posted by Ginalovesjoe

This is the other thing that's confusing me...i tried inserting a screenshot but it's not letting me. For his sentencing it's showing the disposition code state prison. Number of days sentenced 0. On the la court site it shows no prison sentence vinelink again told me he is being discharged this weekend.

Don't think those sources are gonna tell you or is anyone going to bother to properly update, if, by chance, he is going to state. If that happens, the only reliable source for you will be the CDCR website. Guess I'd wait see what he tells you when you visit this weekend.

Ginalovesjoe · #11 12-19-2019, 04:08 PM

Ya. So my dude is currently in castaic. Yesterday he was SP0 and he just called me and told me he is SP3 and should be going any day now. I'm nervous. Don't know what to expect and I miss him horribly already. Just want all of this to be over

**fbopnomore** · #12 12-19-2019, 05:21 PM

From this information, and your other post, I still think the release (last night at 9:25 PM) was from the Sheriff's custody, which will be updated each time he moves to a different lockup. If he has been sentenced on the other cases already, Vinelink doesn't have that information yet (shows all zeros), so all you can do is continue to check the different web pages, including CDCR, and try to remain patient until the remainder of the information gets posted.

Ginalovesjoe · #13 12-20-2019, 08:00 PM

I talked to the facility he has been assigned to and they confirmed with me that he is still there. He is not property of the state.

One sheriff told me once the file arrives stating they are going to prison that sometime depending on how crowded the prisons are the state decided if they will take the inmate or not?

gvalliant · #14 12-21-2019, 10:11 AM

Quote:

Originally Posted by Ginalovesjoe

sometime depending on how crowded the prisons are the state decided if they will take the inmate or not?

It's not that simple. This is a tough time, not knowing what will happen, but sounding like he goes to state. If that happens you will see info on him on CDCR website within days. Release dates will be preliminary. They will likely change after he has seen a counselor. Unfortunately it takes a few months before they get to see a counselor.

If he goes, you communicate by mail and I think now they allow 1 phone call per month while in reception. Best thing he can do is request a visitor application, sign it, mail it to you so you can submit. You make sure you have you phone account up to date authorizing calls from California DOC.

Normally this would be sorted out one way or another next week and at least you would know. I don't know if schedules get screwed up because of Christmas week.

Ginalovesjoe · #15 12-21-2019, 08:11 PM

We just talked on the phone... He went from SP0 to SP3 and now he dropped back down to SP0...what's that mean?

**sidewalker** · #16 12-22-2019, 08:34 AM

Im not sure but maybe due to the holidays they are not moving people?

Ginalovesjoe · #17 12-24-2019, 07:32 PM

I've attached a screen shot. If anyone can explain what happens next. But his status changed.

His_Queen13 · #18 12-25-2019, 10:57 PM

AOJ is Abstract of Judgment. It has to be entered into the system, received by the county jail and then received by the prison. SP4 is the last step and they are usually transferred within a week after a 4.