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CDCR - What You Need to Know Information relating to the California Department of Corrections & Rehabilitation. Q&A for those new to the CDCR system should be posted here.

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  #26  
Old 10-19-2003, 10:12 PM
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need more info please. Went to court and given a release date of 8/22. What is this all about. Was it a parole violation, or was it a 3 month misd charge. Also when did he go to court and get new charges. Did the court give him credit for the time he was in county for the original arrest/charge or was that for the original charge only.
Count on Wasco reception center processing taking approx 70 days. Give as much info as prossible and I'll take a stab at an out date. Don't tell me what the charges were for, that is not important unless of course he is convited of a violent felony and has to do 85%of his term. Let me know if this is a second strike, but it probably isn't since he is doing 16 months. I just need better time frames to do an accurate calc.

from what you said above..

My guess is that his out date at 1/3 time would be 7 month and 20 days or ......3/14/04

you figure he does 10/20 (10 months 20 days at 1/3 time) on 16. He did 2 months county gets 1/2 of that in sage credits so total count is 3 months. so 10/20 minus 3 is 7/20 added to 7/24 (term start date) would be 14/44/03 or 15/14/03 (the 44 days is actually 1 month 14 days) or 3/14/04 (again the 15 moths is really 1 year 3 months).

Of course once he gets 1/2 time subtract 5 days per month off his time for every month that he received 1/2 time.
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Old 02-01-2004, 02:03 PM
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Hi, my name is Madde and I am a new member. I need help understanding multiple release dates that have been given to my husband who is at PVSP in CA. I hope that you can help us both understand this. I am going to try to give you all of the information that I have and then ask you questions. Thanks so much for any time and for your time.

Legal Status Summary: 10/06/03

Total Term: 8 years with half.
Pre-prison and post-sentence credit: 823 days
?? IWTIP Waiver: 10/19/01 Begin. Bal.: 473; Credit Applied: 563; Total loss: 120
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  #28  
Old 02-01-2004, 02:19 PM
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Quote:
Originally Posted by Cobra
Hi again Mom@4!

Don't be embarassed over not understanding any of this. Very few do and that includes a lot of folks in the business!

Ok . . . it seems you are actually asking about "release" dates. First let me say this, in California every single inmate commited for a felony offense will be on a three year parole period. Now before anyone posts back that they know of an exception . . . I know of more exceptions than you! LOL

However, for the sake of keeping this simple for this question asker and whole lot more folks who are equally interested and equally confused . . . let's just go with the traditional three year parole period.

Let's say an inmate gets a five year sentence. Once CDC receives him they will automatically substract the County Jail Credits (SAGE CREDITS) that come with him on a document called an "Abstract of Judgement" (AOJ). So say he had six months of those pre-sentence county jail credits. That means he really only has a term of four years and six months as far as CDC is concerned.

Now, and here's where this turns into a nightmare, there are now mulitple credit earning status levels depending on the nature of the offense and prior "strikable" offenses. California has a three strikers your out system (don't get me started on this and my prediction is you'll see this disappear soon - lets hope).

Dependent on these case factors as I described above, he could be in several credit earning status categories. Some will recieve the traditional 1/3 time off status (meaning he/she gets one day off for every two days with CDC), some will receive the more lucrative 1/2 time off status (which means he/she gets one day off for every day in CDC) and recently a few other lesser credit earning status' were imposed.

A Case Records Anaylst is charged with the responsibility of calculating an "earliest possible" release date based on all this and a number of other minor case factors. So instead of doing four years and six months, he/she will now only do lets say two years or three years.

The inmate is given this date by his/her counselor during reception. An inmate with a large amount of county jail credit time can easily become what we call in the industry "a turn around". In other words, he/she is really only coming to CDC to get formally processed and will almost immediately be processed at the same time for parole! This is done basically just to establish all the paperowrk that is needed.

Back to the more common situation . . . once the inmate gets his/her date, that still is not a date etched in stone! If the inmate is eligible for let's say 1/2 time credit earning but doesn't participate in either the mandatory educational or work related program that goes with it . . . then he/she will not be given 1/2 time credit!

Also, if the inmate incurs negative in-prison behavior that results in a diciplinary report (CDC 115), additional credit time can be taken from them!

I could go on with more examples of why a date could change in either direction, but I think the reader gets the point. This is a "VERY" fluid situation and if your confused as hell right about now . . . you have a lot of company!

Just ten days prior to release a Pre-Release Audit will be coducted by a different Case Records Anaylst (safety measure) to determine any last minute adjustment of that release date.

The inmate is then released on whatever date it is and will then be on parole for a three year period. Now of course that parole date can be extended for absconding from parole and thus on and on it goes!

The inmate can also have his/her parole period "banked" after 13 months of successful parole compliance. He/she is still under parole scrutiny for the full three years but the case has been "banked" meaning he/she no longer may have to report as before. This is a privledge and doesn't always occur!

Whew . . .I'm exhausted! I'll end it here!
Wow, I think I have sent part of this message 3 times. Sorry, I keep hitting the "enter" key. I am a new member and I need help with multiple EPRD that my husband has been given. Here's the info:

Legal Status Summary: 10/6/03

Term date: 10/19/01
Total term: 8 years at 50%
Pre-prison and post sentence credit: 823 days total
IWTIP Waiver: begin bal. 473; credit applied 563; total loss, 120, restored 0, total 120

He has one 115 that will be complete in March, 04 and he can have 90 days forfeited restored. EPRD: 12/30/04

Here are my questions:
On 8/20/03 - Annual Review - His copy states that he has one 115 given on 9/5/03 and will have 90 days restored if discipline free for 6 months. The report gives
his EPRD as 3/8/04 and ReClass 4/04 This review was signed by the chairperson, member,and the recorder, CCI.

Needless to say this EPRD was a shock to receive when we are thinking his release date to be 12/30/04. He filed a 602 and was answered by a case record analyst. He was told that the 3/8/04 date is incorrect and that his EPRD is 12/30/04. And that he can request his 90 days back in March after completeing 6 months disciplinary free.

How can such a huge mistake on EPRD be made?
Will the 12-30-04 release date change once he earns back his 90 days?

Well, that's it and certainly enough. I hope that your reply will help others in addition to me.Thank you so much. Madde
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  #29  
Old 02-01-2004, 03:28 PM
Kittie Kittie is offline
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Default One Third

Depending on the Credit Code one third autimatially comes off of a release date. If an inmate is Max according accoring to his Controlling Discharge Date he is no longer on parole and does not report and even receives a card from paroles saying that he is discharged.

He can also for his credits to restore during a classification hearing. Thers is a certain amount of days he needs to remain disciplinary free. If his credits are restored this will take his release date back to either where it should of been or they will apply a certain amount of days. Let's keep it simple for everyone to understand, okay?

Cobra, are you back or am I just reading old posts?

Quote:
Originally Posted by madde
Wow, I think I have sent part of this message 3 times. Sorry, I keep hitting the "enter" key. I am a new member and I need help with multiple EPRD that my husband has been given. Here's the info:

Legal Status Summary: 10/6/03

Term date: 10/19/01
Total term: 8 years at 50%
Pre-prison and post sentence credit: 823 days total
IWTIP Waiver: begin bal. 473; credit applied 563; total loss, 120, restored 0, total 120

He has one 115 that will be complete in March, 04 and he can have 90 days forfeited restored. EPRD: 12/30/04

Here are my questions:
On 8/20/03 - Annual Review - His copy states that he has one 115 given on 9/5/03 and will have 90 days restored if discipline free for 6 months. The report gives
his EPRD as 3/8/04 and ReClass 4/04 This review was signed by the chairperson, member,and the recorder, CCI.

Needless to say this EPRD was a shock to receive when we are thinking his release date to be 12/30/04. He filed a 602 and was answered by a case record analyst. He was told that the 3/8/04 date is incorrect and that his EPRD is 12/30/04. And that he can request his 90 days back in March after completeing 6 months disciplinary free.

How can such a huge mistake on EPRD be made?
Will the 12-30-04 release date change once he earns back his 90 days?

Well, that's it and certainly enough. I hope that your reply will help others in addition to me.Thank you so much. Madde
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  #30  
Old 02-11-2005, 09:22 AM
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I'm also confused about my honeys date I looked on the net and now it says earlist release date is 3/28/05 before it said 4-05 so what do you think? I need help he didn't say anything to me as far as he know he is being realsed in April
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  #31  
Old 02-12-2005, 11:24 AM
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Meisha ~ You have posted your question in a California forum. You may want to ask your question in a New York forum I'm sure you will get your answeres there!
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  #32  
Old 12-23-2005, 01:44 PM
charlesgirl charlesgirl is offline
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Default 80% time under three strikes law

if someone was sentenced under the three strikes law and has to do 80%, does that also include the time he was in reception?
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  #33  
Old 01-05-2006, 11:00 PM
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Default Calculating Release Date

Hi All I Know I Have Asked This Question Before But Believe It Or Not I Am Still Confused, So Here It Goes, He Was Sentenced To 5 Years , 60 Months, Probation Violation, And New Charge, Then In Court The Judge Subtracted His Credit Which Was 665 Days, Then He Took 50% Off That Total And He Was Then Told He Would Serve 16 Months. He Has Been In Reception For 6 Months This Month In Delano, Has Finished His Bridging Program And His Working As A Porter, He Was Endorsed To Corocran Satf On 10/27, And Was Classified As A Level 1. According To The Records Dept, They Say He Might Be Released From There, And Earlier, He Said He Has Seen This Happen Alot, Especially When Someone Has Been In Reception So Long. So I Am Totally Confused. If He Is Not Released Early Then Can Someone Give Me An Estimated Release Date. Thank You Thank You Thank You
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  #34  
Old 01-10-2006, 10:49 AM
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Quote:
Originally Posted by charlesgirl
if someone was sentenced under the three strikes law and has to do 80%, does that also include the time he was in reception?
If the inmate gets "The Bridge Program" at reception, then they can recieve work time credits there. The inmate would then get 20% added.
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  #35  
Old 01-10-2006, 11:07 AM
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Quote:
Originally Posted by Heidi M
Hi All I Know I Have Asked This Question Before But Believe It Or Not I Am Still Confused, So Here It Goes, He Was Sentenced To 5 Years , 60 Months, Probation Violation, And New Charge, Then In Court The Judge Subtracted His Credit Which Was 665 Days, Then He Took 50% Off That Total And He Was Then Told He Would Serve 16 Months. He Has Been In Reception For 6 Months This Month In Delano, Has Finished His Bridging Program And His Working As A Porter, He Was Endorsed To Corocran Satf On 10/27, And Was Classified As A Level 1. According To The Records Dept, They Say He Might Be Released From There, And Earlier, He Said He Has Seen This Happen Alot, Especially When Someone Has Been In Reception So Long. So I Am Totally Confused. If He Is Not Released Early Then Can Someone Give Me An Estimated Release Date. Thank You Thank You Thank You
I can't say with precision because you don't tell me the date he was sentenced, and then I need the date he entered teh Bridge program. (The time from sentencing until Bridge program is day for day.)
From the dates you gave, I used 5/1/05 as the date he began to recieve 1/2 time credits; and I didn't use a day for day time period awaiting transport to CDC and entery into Bridge.
I get a release date of 5/9/06; but that's just an estimate for the above reasons. It could be up to 30 days longer than that.

BTW, that inmate set some sort of record by staying at reception for so long. Did they use him to do some sort of administration or computer work?
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  #36  
Old 01-10-2006, 10:33 PM
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thank you for helping me with the information. To give you a better idea, for a time calculation, he was sentenced on june 30, 2005, transported to NKSP on July 28, 2005. He bad the Bridging program, the first week he was there and finished it 3 months later. He was classified as a level 1 (12 points, in the end of September, endorsed to SATF on October 27, 2005. He has also had 5 different counselors, which I have left so may messages, with no return calls, I have also left messages for the ombudsman at Corcoran and Delano, still nothing. So I am going crazy not knowing the reason why he is still sitting in reception. It is so hard not receiving phone calls. He is going crazy in there, he at least has been voluteering 5 days week as a porter, to occupy his time. I just dont know what more to do. Any help or info would be soooooooooooo appreciated.

again, thank you
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  #37  
Old 01-11-2006, 03:36 PM
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Assuming he's getting half time after he finished the Bridge Program (highly likely assumption):
He got 665d. plus 33% for his local presentence credits.
He was getting day for day time post sentencing and pre Bridge Program, 6/30-8/03.
He recieved 50% credits while in the Bridge Program 8/04-11/04.
He gets (probably) 50% credits after the Bridge Program until the present (11/05/05-1/11/06).
I get 1354 actual days, with 1589 conduct credits (using the mixed percentages above).
That makes his out date 07/29/06.

The only possible wrinkle is that I'm not 100% sure he gets 1/2 time after Bridge since he never left reception. There's a possibility he's doing day for day if he hasn't been assigned a job. (In CDC, it's "work time credit"). Again, since he "volunteered" to be a porter, I'm figuring that he has indeed recieved a job assignment. However, if I'm wrong about that and he's serving day for day after he finished Bridge, then his out date would be 09/01/06.
(I don't know for certain because I haven't run accross an inmate staying anywhere near so long at reception. There's a chance that he has somehow been placed in a situation where he's unable to earn 1/2 time.)

Reception centers need inmate workers, just like any prison. Since he's a "short timer", the reception center probably decided to hang on to him.

How do I calculate CA out dates exactly? I use a handy dandy sentence calculator called Crime Time. (www.placergroup.com) It's a great tool. I can figure it all out the long way, but it takes minutes to get an answer using the software. Well worth the cost, in my opinion. They also have a Federal Sentencing product I haven't personally used.
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  #38  
Old 01-26-2006, 12:41 AM
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Oh ok... maybe I can get some help here! My husband was arrested on July 27th 2005. He pled to Possesion for sales and was sentanced 2 yrs SP with 73 days credit from county. He received these credits on September 12th, 2005. He was in county until he got transported to NKSP on Novemeber 2nd. He has no strikes and he is going to serve 50%. He was classified as level 1 as well. My husbands laywer originally told me he would be out in September of 2006, but he writes me saying he could be out in march or april. I don't know what to believe and he won't give me the exact release dates he has received, because he is weird and thinks it gives him some sort of bad luck! Please help!
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Old 01-26-2006, 09:53 PM
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Default so confusing

I almost feel foolish because my boyfriend does not have a lot of time to serve compared to others, but one minute is too long. He was on parole, left his drug program and absconded for approx 70 days. He was picked up 12/31/05 for a parole violation warrant, and didn't get any new charges. At his hearing at Santa Rita on 1/18/06 he was given 7 months at half-time. By next week, he should be transferred out to CDC. I'm trying to figure out his release date based on all of the info here, but I'm lost. Where would I go to see all the guidelines, especially if they have or are expected to change soon. I assume the guidelines in place on the day of his hearing will be the ones to go by, but I don't even know if that is correct. Any help would be incredibly appreciated.
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Old 01-27-2006, 04:32 PM
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Quote:
Originally Posted by csusarrah
Oh ok... maybe I can get some help here! My husband was arrested on July 27th 2005. He pled to Possesion for sales and was sentanced 2 yrs SP with 73 days credit from county. He received these credits on September 12th, 2005. He was in county until he got transported to NKSP on Novemeber 2nd. He has no strikes and he is going to serve 50%. He was classified as level 1 as well. My husbands laywer originally told me he would be out in September of 2006, but he writes me saying he could be out in march or april. I don't know what to believe and he won't give me the exact release dates he has received, because he is weird and thinks it gives him some sort of bad luck! Please help!
I can calculate it if it's a CA case. If it's Indiana, there are a number of variables I won't know, and I'd just be guessing. (The % credit for local time in Indiana, when 1/2 time credits kick in, whether the time waiting for transport is day for day, whether there is a receptoion center delay in recieving credits, etc.)
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Old 01-27-2006, 04:42 PM
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Quote:
Originally Posted by jennysands
I almost feel foolish because my boyfriend does not have a lot of time to serve compared to others, but one minute is too long. He was on parole, left his drug program and absconded for approx 70 days. He was picked up 12/31/05 for a parole violation warrant, and didn't get any new charges. At his hearing at Santa Rita on 1/18/06 he was given 7 months at half-time. By next week, he should be transferred out to CDC. I'm trying to figure out his release date based on all of the info here, but I'm lost. Where would I go to see all the guidelines, especially if they have or are expected to change soon. I assume the guidelines in place on the day of his hearing will be the ones to go by, but I don't even know if that is correct. Any help would be incredibly appreciated.
I get 19m days day-for day credit 12/31/05-1/18/06. Assuming he gets 1/2 time from Jan. 18 forward, he owes 1/2 of 210 days, minus 19 days, egauls a total of 95 days. 95 days from Jan. 18 is April 23. So, April 23 out date.
HOWEVER, ther could be a delay in getting 1/2 time credits after he had his Morrisey hearing. If so, that could push him back a week or two.
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Old 01-28-2006, 07:26 PM
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This does not answer any of your questions but gives me an opportunity to vent. My son has been given numerous "out" dates and we are still waiting. He has never received a 115 or anything to extend his sentence. He was at the gate when he was told he still had another 6 weeks to go, even though we had gone through a Haywood review that put his date in the middle of January. And why this latest screw up?....because the court made an error in recording his sentence. He went back and had it corrected but it took three months to get it straightened out. According to CDC the time he was waiting to get his sentence corrected, even though he was on A1 status does not qualify him for day to day credits...go figure...typical CDC. So he is paying for a mistake made by a clerk and the asinine policies of CDC.
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Old 01-29-2006, 05:52 PM
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Default Another release date question

hello p.t.o.peeps i have a release date question as well i hope i am in the right forum ( or whatever ) but here goes . my baby daddy was out on parole almost three months for robbery and obscounded ( spelling sorry ) and then ran from the cops so he was charged with obscounding, resisting arrest and under the influence in county all the while he was already doing time i am assumming for the obscounding( in state). he then served 3 months and 10 days . in state. where he then was notified he was just filed on in the city he was arrested in on f.t.a . the d.o.c. needed to produce prisoner!! anyways he then went to court pled guilty to the under influence, resisting arrest and failure to appear . where he got 180 days w/ 5 days credit. he stayed at county for almost 2 months and just now got taken back to state .. so my question is how much time do u think he has left because all together he has served 6 months , which is what he was given , counting all the time before and after court. so........................
help if u can whoever,s listening ( reading)
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Old 01-30-2006, 08:35 PM
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Quote:
Originally Posted by JenniferDreams
hello p.t.o.peeps i have a release date question as well i hope i am in the right forum ( or whatever ) but here goes . my baby daddy was out on parole almost three months for robbery and obscounded ( spelling sorry ) and then ran from the cops so he was charged with obscounding, resisting arrest and under the influence in county all the while he was already doing time i am assumming for the obscounding( in state). he then served 3 months and 10 days . in state. where he then was notified he was just filed on in the city he was arrested in on f.t.a . the d.o.c. needed to produce prisoner!! anyways he then went to court pled guilty to the under influence, resisting arrest and failure to appear . where he got 180 days w/ 5 days credit. he stayed at county for almost 2 months and just now got taken back to state .. so my question is how much time do u think he has left because all together he has served 6 months , which is what he was given , counting all the time before and after court. so........................
help if u can whoever,s listening ( reading)
It sounds to me like the parole violation and the criminal cases didn't run concurrently. That's because the parole "abscond" was in addition to the criminal charges in the criminal complaint.
If teh sentencing court knew he was going to CDC, the local sentence likley ran concurrent (at the same time) as the parole violation; and that's because it sounds like he pled to misdemeanors.
If I'm right, he'll get out when he finishes his parole violation. You didn't say how long the violation is going to be; but I bet it was a sentence of greater than 6 months.
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Old 01-31-2006, 01:51 PM
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Quote:
Originally Posted by Gryphon
I can calculate it if it's a CA case. If it's Indiana, there are a number of variables I won't know, and I'd just be guessing. (The % credit for local time in Indiana, when 1/2 time credits kick in, whether the time waiting for transport is day for day, whether there is a receptoion center delay in recieving credits, etc.)
Mine is a CA case... my hubby is at Lancaster State Prison, I'm in Indiana
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Old 01-31-2006, 07:51 PM
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Quote:
Originally Posted by csusarrah
Mine is a CA case... my hubby is at Lancaster State Prison, I'm in Indiana
I get 48 days actual credit from 7/27-9/12/05; at 33%. 51 days awaiting transport from 9/12-11/2/05, at 0%. 90 days from 11/3/05-1/31/06 at 50%; assuming he got into the Bridge Program ASAP at reception. That works out to 189 days actual credit, with 114 days of mixed conduct credits., for a total of 303 credits until today. His sentence was 720 days, so that leaves 417 days to serve. 50% of 417 is 209 days actual time to serve. That put his out date at 8/28/06 at the earliest; and it could well be in September if there was any delay getting him into the Bridge Program at reception.
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Old 02-01-2006, 01:11 AM
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Gryphon, thanku for the info . let me try to explain it better he was arrested on 9/17 or 18th of 05 . he was beat up severly ( from what i hear ) by the locale police . within a week he was sent to state i am guessing for the absconding which he told me approx. 6 months would be the time he served. now this was before the court date for the new charges. he was then told he had a f.t.a which he was unable to get to due to the fact he was in custody. so he then was taken to court and charged w/ the resisting arrest under the influence and f.t.a. ( which was 100% not his fault ) anyways was given 6 months to run concurrent w/ any other sentence.so my first question is in the state of calif (of- course ) how much time does a person usually get for absconding? and then the whole time figuring question i had before ? if not gryphon anyone else that might know ? ( again thanku "G" )
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Old 02-01-2006, 03:05 PM
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Originally Posted by JenniferDreams
Gryphon, thanku for the info . let me try to explain it better he was arrested on 9/17 or 18th of 05 . he was beat up severly ( from what i hear ) by the locale police . within a week he was sent to state i am guessing for the absconding which he told me approx. 6 months would be the time he served. now this was before the court date for the new charges. he was then told he had a f.t.a which he was unable to get to due to the fact he was in custody. so he then was taken to court and charged w/ the resisting arrest under the influence and f.t.a. ( which was 100% not his fault ) anyways was given 6 months to run concurrent w/ any other sentence.so my first question is in the state of calif (of- course ) how much time does a person usually get for absconding? and then the whole time figuring question i had before ? if not gryphon anyone else that might know ? ( again thanku "G" )
Sounds like teh 6 months concurrent was for the fresh criminal charges and not the parole violation; making it more likely he pled to misdemeanors and not felonies. It's also probable tha teh court didn't put him on a grant of probation since he was goi g to be supervised by parole.In any event, so long as the parole violation is for a number greater than 6 months he doesn't owe additional local time. (If it somehow turned out that parole, it's likely that if the sentencing Judge were made aware of that, the case could be resentenced to a give him sufficient credits so he didn't hve to return to the county jail. (Local jail overcrowding gives inmates certain advantages.)
Parole violations of any substance (and this sounds like one of those) most often go for 10 months, and up to a year. 1/2 time credits are the norm, but can be denied for inmates who are in on violent crimes or who've been a complete pain in the tail.
The credit for time served on the Parole violation begins not on the date of arrest, but on the date parole put a hold on him. If he had a parole hold for absconding at the time when he was arrested, he recieved parole violation credits from the time of his arrest.
FTA charges are often erroneously filed. The DA often doesn't know that the defendant missed a date because they were in custody. To be a crime, FTA must be "willfull", so being in jail is a complete defense.
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Old 02-04-2006, 09:37 PM
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csusarrah csusarrah is offline
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Are u sure that that is the earliest he can get out? The reason i ask is because My husband gives me the notion that he believes he is getting out in April or May... hmmmm... I just need help understanding, your calculations seems good to me, except I think they might have given him more credit while he was waiting transportation to reception, due to a techical error on their part.... hmmm, please help!
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Old 02-05-2006, 01:03 PM
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If they made an error it will probably be picked up during the final 10 day review before the gate. It also appears that when there is a resentencing, for whatever reason, they do not have to give day to day credits between the original sentencing and the new sentence date. There seems to be a lot discretion on how they can apply credits. Initially we were told my son would be home before Xmas 2005 however his new release date is March. I think its easier on everyone if you accept the furthest out date and then any earlier release date will be a joy.
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