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  #1  
Old 08-15-2017, 11:32 PM
iloveray iloveray is offline
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Default Probation revoked for 2 years for failing a drug test. Will he get paroled?

My husband had his probation revoked (sentenced for failing to register change of address for SO in GA-it was bs but that's irrelevant now) for 2 years for failing a drug test. What do you think are his chances of getting out early? A 2 year sentence seens to be the worse to get in our experience. He was revoked for 2 years for not reporting on an Agg Ass charge in 2007 and served every day of that sentence. Then in October 2015 he was revoked on this current charge for failing drug test and sentenced to complete RSAT as a probationer.

If they were going to let him out early seems they would have done it the very first time but he seems to think 2 years wasn't gridded then but is now. His counselor told him he could earn PIC points but the DOC website says you can't on a 2 year or less sentence.

Anyway-I know you never know what the parole board will do-I'm just looking for opinions to pass the time.
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Old 08-16-2017, 04:30 AM
fbopnomore fbopnomore is online now
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It will depend on how the board views his two previous violations. Number three may be more troublesome, but that is just a guess.
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Old 08-16-2017, 05:38 AM
iloveray iloveray is offline
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They didn't let him out early on the first one. But that was a different sentence. This is a 2nd violation of this sentence but he just has a problem like most of the population. He was sitting on his dad's couch and admitted he couldn't pass. He wasn't driving or anything.
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Old 08-16-2017, 06:16 AM
CenTexLyn CenTexLyn is offline
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If the release is discretionary, then he is going to need to demonstrate what he has done to ensure he never again touches alcohol or ANY controlled substance. Without that showing, the Board has no incentive for a release. To release someone that has not taken constructive relapses to address their issues is simply ensuring they will be back in custody...and on a short sentence, it becomes easier to just let someone with a history of violations to max out the sentence.
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Old 08-16-2017, 06:18 AM
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I think they will probably throw the book at him. Seems like he isn't staying straight and going by the rules. JMO
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Old 08-16-2017, 08:26 AM
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He will probably serve all 2 years. My son is in GA & had a technical violation. He was sentenced to serve 2 years. He was told that 2 years or less serves the whole sentence. If they would have sentenced him to 3 years, he could have served 1/3 depending on his behavior & good time points. Our lawyer thought he'd only serve 1/3 but the law is 24 months or less serves it all. If he spent any time in jail awaiting the hearing & sentencing on the violation they can credit that. Also, if he has to stay in jail til he's transferred to Jackson, that time counts too.

What he has to worry about is what happens when he's released. He has set himself up as unable to follow the rules & that makes the PO less willing to give him a break or allow him more privileges. Our loved ones sometimes think that nothing's worse than what they're dealing with...until they find out the hard way that yes, there is.
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Old 08-16-2017, 10:10 AM
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He is working a detail and has 2 classes to take-motivation for change and something else. Hell-he graduated RSAT with honors and was back on it in less than 3 months. But that time I didn't take him back when released. I was seeing someone else -who ended up also having the same problem ��- he would say that's why he relapsed but he was doing it on/off the whole time we were together the past 10 years so I'm not buying that. But it is stupid to serve less time on a 3 and I've seen even on a 5 year do less time than a 2. On the DOC website it says those with 2 years or less are put on a fast track program for early release. His lawyer said he was eligible parole bf he even got transferred from the county jail. He's already served 6 months.
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Old 08-16-2017, 03:52 PM
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Quote:
Originally Posted by Britrdazahead13 View Post
I think they will probably throw the book at him. Seems like he isn't staying straight and going by the rules. JMO
There is no book to throw. He's either getting out early or he isn't. He's basically in there for being an addict and that is forever. Like I said he wasn't doing any thing like driving or stealing--just sitting on his dad's couch. I have just seen so many doing it and still out and then other people in our area that's been locked up more than him and they get out early. He didn't even get out early the first time back in 07 and that was his first time in prison and was for just not reporting.
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Old 08-16-2017, 07:15 PM
CenTexLyn CenTexLyn is offline
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The problem here is that there are multiple violations of different forms of supervision. Risk instruments go off the scale once you have more than one revoked period of supervision. And in this case, not only does he continue to use drugs (something that he COULD stop if he so chose) but he also did not take care of his business on the registration (which didn't come out of the blue). Making matters worse is the 'sitting on the couch' statement, which suggest this was little more than pot smoking, which is NOT an addiction.

Simply put, from the decision-maker's viewpoint, he is a high risk to re-offend. As such, it reduces the likelihood of a favorable vote where discretion exists on the release...
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Old 08-16-2017, 08:57 PM
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Quote:
Originally Posted by iloveray View Post
He is working a detail and has 2 classes to take-motivation for change and something else. Hell-he graduated RSAT with honors and was back on it in less than 3 months. But that time I didn't take him back when released. I was seeing someone else -who ended up also having the same problem ��- he would say that's why he relapsed but he was doing it on/off the whole time we were together the past 10 years so I'm not buying that. But it is stupid to serve less time on a 3 and I've seen even on a 5 year do less time than a 2. On the DOC website it says those with 2 years or less are put on a fast track program for early release. His lawyer said he was eligible parole bf he even got transferred from the county jail. He's already served 6 months.
He might have a shot at being transferred to a transitional center after he finishes his classes. That doesn't cut his time but it does allow them to work outside the facility & make some money to have when they're released. It might be worth checking into but he really has to be motivated to get approved.
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Old 08-17-2017, 06:04 AM
iloveray iloveray is offline
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Quote:
Originally Posted by CenTexLyn View Post
The problem here is that there are multiple violations of different forms of supervision. Risk instruments go off the scale once you have more than one revoked period of supervision. And in this case, not only does he continue to use drugs (something that he COULD stop if he so chose) but he also did not take care of his business on the registration (which didn't come out of the blue). Making matters worse is the 'sitting on the couch' statement, which suggest this was little more than pot smoking, which is NOT an addiction.

Simply put, from the decision-maker's viewpoint, he is a high risk to re-offend. As such, it reduces the likelihood of a favorable vote where discretion exists on the release...
Like I said they didn't even let him out the first time but let others out early on their third or more. They charged him for not changing his address bc they caught him staying a couple miles up the road one night while we were fussing. He wasn't living there. It was a bunch of bull! But I'm not gone get all revved up about all that dumb shit again. It is what it is. The past 2 times he was revoked for drugs they knew where he was doing it at-threw him in jail and left the rest of the houses to party on. If only they threw every drug addict in prison for 2 years!
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