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Old 11-13-2017, 02:52 AM
redtop43 redtop43 is offline
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Default Extradition: Nevada to Michigan for failure to report & new charges

This is about a friend of a friend (yes, really).

He was in jail in Las Vegas, doing 7 months. He was in Nevada on interstate compact from Michigan, and he failed to report to his P.O. just before being picked up. His Nevada sentence timed out about 2 weeks ago, but I was told they could hold him up to 30 days for Michigan.

He no longer appears on the Vegas jail site, but he shows on the Nevada DOC site as "Inactive - RTCA." RTCA means, I think, Return To Committing Authority.

So, is there any conceivable explanation other than that he's being taken back to Michigan?

And, what is the physical process by which he'd be transported?

Is it sensible that he'd be taken without even having the chance to make a phone call? It's unlikely that wouldn't have called my friend, although anything is possible.

Also, on the subject of parole violation:

Is it true that they don't need a judge's order to take him into custody (technically he was in custody already I guess) but he does have the right to go before a judge before officially having his parole revoked? Not that I think he'd have much of a leg to stand on, and I doubt Michigan would go to the bother of transporting him back if they thought a judge would set him free.

And, who decides how much additional time he has to do? Is it up do the judge? Or does he go back to prison and now is eligible for parole again on whatever schedule the parole rules determine, and of course he might or might not get it.

He was, as best I can tell, sentenced in January 2015 to 18 months to 15 years (yeah, seems weird to me too), paroled in July 2016, and the failure to report and arrest on new Nevada charges took place in February, 2017.
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Old 11-13-2017, 06:01 AM
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Here in Ct the parole board would make the decision as to whether they revoke his parole and in this scenario I'm pretty certain he would be revoked. That sentence is crazy..talk about holding someone hostage ..that said they can put him back for up to the max of his sentence and no I don't believe he sees a judge ..hes already sentenced ..it doesn't look good for him violating his parole..they may not max him to the 15 years but they'll likely leave him in there for a year or 2 until he even sees the parole board again and then who knows if they grant him parole.. he's put himself into a bad situation for sure..
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Old 11-13-2017, 07:35 AM
CenTexLyn CenTexLyn is offline
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He has to be back IN the State to be revoked unless he executed a waiver while in NV. Transportation on an extradition is typically through third-party entities that do not go directly from Point A to Point B. A trip of this distance could be anywhere from three days to three weeks depending on where he was on the list of people being picked up.

I don't get sentencing ranges, but it is effectively no different than our eligibility here in Texas where, for all intents and purposes, a fifteen year sentence requires three years and nine months of total time (non-agg offense) to be eligible for release. To arrive at that 45 months, you may only have to do about a year and nine months assuming no disciplinary issues.

Not reporting and being arrested almost immediately can often be a sure ticket to revocation, but due process still applies. As such, much depends on how well the attorney (if one is involved) utilizes the subpoena process. The revocation process varies by State. Once sentences, by example, here in Texas, the judge is out of the equation. Warrants are issued by the Parole Division and revocations are handled by the Board of Pardons and Paroles. Subsequent releases are also determined by the Board once someone again becomes eligible for a release.

If revoked, then any future release is likely up to the Board that handles parole matters in that jurisdiction. Idiots often get to do a LOT more time when they prove so quickly that they are incapable of following the rules of supervision...
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Old 11-13-2017, 01:09 PM
redtop43 redtop43 is offline
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How do they transport prisoners? Do they go from Vegas to somewhere in between and drop them off at a jail they have a contract with, then pick them up for the next leg etc.?

I was assuming that when he applied for interstate compact, he signed a waiver of about everything possible.

You're saying that in Texas, everything is up to the parole board? Are you still entitled to a due process hearing, even if before a judicial officer of the parole board? I would think you'd have some opportunity to make your case before a neutral arbitrator, like to say "That's not me, I'm John T. Smith, not John I. Smith, they have the wrong person." Not that the person involved in the case I'm talking about has anything constructive to argue in his behalf.
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Old 11-13-2017, 01:28 PM
nygirl17 nygirl17 is online now
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Yeah that's a heck of alot of questions you need answered. My advice to you is wait out the 30 days and see if they come get him. There is a certain amount of time they will hold him before they just let him go. As far as how much time he will get. It's up to his parole and a judge. He probably won't get a phone call. And if it's serious enough of a charge they will come get him.
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Old 11-13-2017, 03:12 PM
redtop43 redtop43 is offline
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The 30 days has not expired, but he has disappeared. The only logical explanation is that he's being transported to Michigan and wasn't allowed to make a phone call.

I'm pretty sure that in Michigan DOC you have an approved list of phone numbers you can call, and it might be updated only once per quarter, so even once he gets there he might not be able to easily make a phone call. But he ought to be able to find someone else who could ask their family to call or text someone and at least tell them where he is.

Personally I don't care much, the guy is 24 and has been arrested 3 times already, I think he needs a serious wake-up call. But I know more about the system than my friend and I'm trying to help her out.
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Old 11-13-2017, 04:17 PM
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Quote:
Originally Posted by redtop43 View Post
The 30 days has not expired, but he has disappeared. The only logical explanation is that he's being transported to Michigan and wasn't allowed to make a phone call.

I'm pretty sure that in Michigan DOC you have an approved list of phone numbers you can call, and it might be updated only once per quarter, so even once he gets there he might not be able to easily make a phone call. But he ought to be able to find someone else who could ask their family to call or text someone and at least tell them where he is.

Personally I don't care much, the guy is 24 and has been arrested 3 times already, I think he needs a serious wake-up call. But I know more about the system than my friend and I'm trying to help her out.
He will be able to update his phone list when he gets to Reception but I'm pretty sure he will go to the county jail first so he can call when he gets there. Tell her to call global tell link and put money on her phone so when he does call he will get through to her.
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Old 11-13-2017, 06:02 PM
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You're saying that in Texas, everything is up to the parole board? Are you still entitled to a due process hearing, even if before a judicial officer of the parole board? I would think you'd have some opportunity to make your case before a neutral arbitrator, like to say "That's not me, I'm John T. Smith, not John I. Smith, they have the wrong person." Not that the person involved in the case I'm talking about has anything constructive to argue in his behalf.[/quote]
I'm pretty sure this is not unique to Texas..once someone is sentenced parole is a privilege its not a right or a guarantee...but they remain under the jurisdiction of department of corrections..the courts are done with them unless there is a new charge or they file for sentence modification or appeal..he got a break on his sentence by being paroled
But he clearly didn't value it..as you said I hope he learns from this.
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Old 11-13-2017, 08:06 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by redtop43 View Post
How do they transport prisoners? Do they go from Vegas to somewhere in between and drop them off at a jail they have a contract with, then pick them up for the next leg etc.?
It is basically a bus/van that goes from facility to facility. They will usually have places around the country where they overnight. Sometimes people go west to go east and vice versa.

Quote:
I was assuming that when he applied for interstate compact, he signed a waiver of about everything possible.
You generally are waiving extradition but you don't give up the right to due process in a revocation proceeding. This is not to say that such a hearing cannot be waived, but it is a separate waiver that would generally be executed upon the return to the sending State.

Quote:
You're saying that in Texas, everything is up to the parole board? Are you still entitled to a due process hearing, even if before a judicial officer of the parole board? I would think you'd have some opportunity to make your case before a neutral arbitrator, like to say "That's not me, I'm John T. Smith, not John I. Smith, they have the wrong person." Not that the person involved in the case I'm talking about has anything constructive to argue in his behalf.
Not just the Board but also the Parole Division. They are separate entities. The Division has the statutory authority to issue warrants, while the ability to actually revoke a term of supervision rests with the Board. The Board employs Hearing Officers trained in the Rules of Evidence.

The Division serves the Notice of Allegations and Rights of the Releasee. There is a wide array of due process that attaches, to include the right to confrontation under Crawford and its progeny.

Following the hearing, the Hearing Officer makes a recommendation, which is then reviewed by a Board Analyst who then forwards the hearing report to the Board Panel tasked with voting cases from the location of the hearing. They can vote to revoke, continue supervision or continue with a modification of conditions. The one thing they actually lack the ability to do is discharge someone because that is a time calculation issue...so they can continue someone which may, in some cases, have the net result of someone discharging since the recalculation will occur once the warrant has been withdrawn by the Parole Division.
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Old 11-16-2017, 06:58 PM
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jencali jencali is offline
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Hi there, from personal experience ugh - I absconded in 2000 to California from Michigan. They arrested me, and I ended up transported back in 2009 and was re-released on parole in 2010.

They do not let you make a phone call before transport or during. It's for security purposes. It's a van type vehicle, and they do stop at jails sometimes but still no phone calls at all.

Michigan's phone system requires the list be updated every time a prisoner enters the system so his list and previous PIN number would be inactive until he gets with a counselor and fills out a new one and then is given a PIN. Likely during intake with all the other newbies who arrive the day they drop him off.

It took over two weeks of being there before I saw someone from the parole board and another week before I could use the phone. They gave me a 12 month flop and then saw me again in 6 months and let me leave at what would have been the end of the 12. However, I didn't have a new charge and was non-violent - I'm not sure on your friend, but that might matter.
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