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Old 04-17-2019, 12:13 AM
vikki084 vikki084 is offline
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Default Parole date changed 4 times in 2 weeks!

I donít know what forum to put this so Iím going to put it here...

So my man was suppose to come home on April 6th... he received a notice on April 3rd that records messed up on his outdate and then gave him an outdate of June 1st.. so he requested the breakdown from records..on April 4th his outdare changed to May 22... and then changed again 4 days later April 8th back to June first... his finally received his breakdown today and the paper said May 7th but it was crossed out in pen and they put June 1st with no explanation... my question... who can i or he talk to for this to be corrected... outdates are not made up they are calculated so i guess Iím just not sure how they can cross out the date that was calculated and give another date... has this happened to anyone... please help!
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Old 04-17-2019, 12:26 AM
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I forgot to add where the paper says June 1st it also says restricted parole date.. what does that mean?
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Old 04-17-2019, 02:54 AM
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Never heard of a "restricted parole date." I know that parole has restrictions on it of the "you are not allowed to do (insert restriction here)" so my best guess would be that he has parole with restrictions (as opposed to without? Not sure.) But beyond that, I'm unaware of any other specific meaning. Maybe if he's a sex offender or a lifer getting parole there's some classification that I'm not aware of. Hopefully someone else here knows and can provide more insight into that....


I'm not sure if there's anything that can be done this close to the outdate to fight that change, proper or not. He could file a 602, or request an explanation from his counselor. But the reality is that even if there's an error, the calculation is based on the law and the sentence given in court, less various credits. Kind of complicated without knowing all the details to figure out where exactly the error occurred, but my guess would be that there was some misinterpretation of what credits he received or was entitled to when he was initially sentenced.


There is a final review of the C-file in the final 10 or so days before release (this is actually in Title 15), which is probably why he did not find out about the error until then. That would explain the "whoops, sorry, this isn't really your out date" bit. Frustrating, yes.


I'm not sure that there are many remedies. Like I said, he could file a 602. I think there's an emergency process on that. But the likelihood of that getting him a moved-up release date is probably slim at this point because of the levels it would likely have to move through to be taken seriously. He could speak with his counselor. His counselor might have an insight as to what the error was. If neither of those approaches work, I'm not sure that he has any other recourses.


On your end, honestly, there's even less that you can do. You could try to contact the Ombudsman who can look to make sure proper protocol was followed. Chances are good that they're going to research the issue and say it was. You could attempt to contact the Warden. Odds are that the Warden, if they do respond, will tell you that their people followed protocol.


In short? I hate to say it. But your best course of action is probably to let him see if there's anything he can do on the inside and, if there is not, just wait for June 1st.


It's possible one of our other members has some idea that I don't have. But I dealt with CDCR pretty extensively when Dee was in, and I'm not too optimistic about you getting a straight answer or better result. Particularly since he's less than 2 months to the gate. If there is a favorable resolution to be had, it's going to most likely come about because he handles it on his end.


I wish you both luck and hope that his homecoming, whether it's June 1st or somehow gets changed back to sooner, will be a successful one.


-Eric
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Old 04-17-2019, 06:50 AM
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Quote:
Originally Posted by missingdee View Post
Never heard of a "restricted parole date." I know that parole has restrictions on it of the "you are not allowed to do (insert restriction here)" so my best guess would be that he has parole with restrictions (as opposed to without? Not sure.) But beyond that, I'm unaware of any other specific meaning. Maybe if he's a sex offender or a lifer getting parole there's some classification that I'm not aware of. Hopefully someone else here knows and can provide more insight into that....


I'm not sure if there's anything that can be done this close to the outdate to fight that change, proper or not. He could file a 602, or request an explanation from his counselor. But the reality is that even if there's an error, the calculation is based on the law and the sentence given in court, less various credits. Kind of complicated without knowing all the details to figure out where exactly the error occurred, but my guess would be that there was some misinterpretation of what credits he received or was entitled to when he was initially sentenced.


There is a final review of the C-file in the final 10 or so days before release (this is actually in Title 15), which is probably why he did not find out about the error until then. That would explain the "whoops, sorry, this isn't really your out date" bit. Frustrating, yes.


I'm not sure that there are many remedies. Like I said, he could file a 602. I think there's an emergency process on that. But the likelihood of that getting him a moved-up release date is probably slim at this point because of the levels it would likely have to move through to be taken seriously. He could speak with his counselor. His counselor might have an insight as to what the error was. If neither of those approaches work, I'm not sure that he has any other recourses.


On your end, honestly, there's even less that you can do. You could try to contact the Ombudsman who can look to make sure proper protocol was followed. Chances are good that they're going to research the issue and say it was. You could attempt to contact the Warden. Odds are that the Warden, if they do respond, will tell you that their people followed protocol.


In short? I hate to say it. But your best course of action is probably to let him see if there's anything he can do on the inside and, if there is not, just wait for June 1st.


It's possible one of our other members has some idea that I don't have. But I dealt with CDCR pretty extensively when Dee was in, and I'm not too optimistic about you getting a straight answer or better result. Particularly since he's less than 2 months to the gate. If there is a favorable resolution to be had, it's going to most likely come about because he handles it on his end.


I wish you both luck and hope that his homecoming, whether it's June 1st or somehow gets changed back to sooner, will be a successful one.


-Eric
Thank you for the information. I figured there was not much i can do.. they donít tell me much when i call... heís not a lifer or a sex offender.. the explanation was basically that records screwed up on calculations... but what i donít get is that ďrestrictedĒ outdate.. he has no pending charges, never had a write up. Iím so confused. counselor knows nothing... he spoke to her yesterday.. this is so frustrating.. he was suppose to be home before our sons graduation but not that doesnít seem likely..
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Old 04-17-2019, 07:44 AM
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Im so sorry. That has to be a huge disappointment. Im sure.
My hubby missed out on alot with our son while he was in.
Its all ok now, but at the time it really hurt both me and our son. Hub wont talk about it, but Im sure he was kicking his own butt for all the things he missed out on.
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Old 04-17-2019, 10:25 AM
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That really sucks that he’s going to possibly miss the graduation because of this issue (I assume it’s before June 1.) To me, on a personal level, one thing I hate about the prison system is how much false hope they give out. The cruelest is to take an out date away once it has been given due to an “error.” Especially when it’s this close... I hope he is able to at least get an explanation at some point....but that doesn’t make up for the “whoops, we didn’t catch this until 3 days before you were supposed to get out.” Why wasn’t this caught before???

I almost wish, in his case, if his behavior was overall good especially, that they would have just ignored it and given him a break. Legally of course they can’t. But wouldn’t that have been nice.....
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Old 04-17-2019, 01:30 PM
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I would contact a state representative who is involved in criminal justice reform.
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Old 04-17-2019, 02:39 PM
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I've seen CDC pull people back in after they released them due to a miscalculation of less than a few months. It's ridiculous.

The language issue (restricted parole date) should be something the ombudsman can help you with. Meaning, they should be able to look into it and explain it. That's their job. The hard part is getting them to respond. Some are very good, some not so much.

In case you need that contact info, here it is.

Best of luck. Try to keep cool.
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Old Yesterday, 01:32 PM
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Thank you everyone... i have reached out to the ombudsman.. hoping to hear back soon..
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Old Yesterday, 06:40 PM
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Quote:
Originally Posted by vikki084 View Post
Thank you everyone... i have reached out to the ombudsman.. hoping to hear back soon..

Hopefully this will at least bring some additional clarity. Please let us know what, if any, results you get from it. It may help other members and browsers who have similar issues currently or in the future.


-Eric
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