Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > FOR "OFFENDERS" > Probation, Parole & Supervision
Register Entertainment FAQ Calendar Mark Forums Read

Probation, Parole & Supervision Having problems (or need info) with Probation, Parole or Community Corrections & Supervision?? Lets talk about it here.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-24-2008, 11:05 AM
need4givness need4givness is offline
Registered User
 

Join Date: Mar 2008
Location: California
Posts: 60
Thanks: 2
Thanked 5 Times in 5 Posts
Default Interstate Corrections Compact/Interstate Detainers Compact (who is eligible?)

hi everyone, I'm not sure i'm posting this is the correct place, but I've got a question about the 'Interstate CORRECTIONS Compact' & the 'Interstate Detainers Compact'.

If i understand correctly, there is a difference between and "Interstate Compact" and an "Interstate CORRECTIONS Compact"; is this correct? The Interstate Corrections Compact is transfer from one prison to another while still incarcerated and the Interstate Compact is transfer from one state to anpother for someone who has already been paroled. is this correct?

I have a dear friend who was serving time in Ca when Tx put a detainer on him for previous crimes he had committed in Tx. Based on the Interstate Agreement on Detainers Compact, Texas was allowed to have him once he was done serving his time in Ca. He's now in TX and has been there for about 15 years or so. Unfortunatley, he's a 3g offense (attemped capitol murder), so he's not eligible for mandatory supervision on his 70 year sentence. Basically, on a 3g offense, none of his good time/work credits count towards early release, and he's not eligible for parole until 2012, which he's worried he won't be granted (depite his exemplary record) due to the fact that Tx doesn't even allow the inmate to be present at their own parole hearing.

he wants me to find out if there is any way that he would be able to request the Interstate Corrections Compact to be transferred back to Ca (which is the state that "loaned" him to Tx on the Interstate Detainers Act in the first place). He feels that he would have a much better opportunity to be granted parole, plus he hopes that being in Ca would allow him to be able to apply or begin to earn new good time credit since Ca does not have a law concerning 3g offenses, which is the tx law keeping him for being able to apply his good time and be released on Mandatory supervision.

Does anyone know how this works? does he have a right to ask tx to send him back to ca to serve the remainder of his tx sentence? would tx be considered the "sending state" or the "recieving state" (being as how he was on loan to tx by ca). This gets sorta complicated because although california "loaned" him to Tx, he technically served all his ca time and owes ca nothing more. but is it remotely possible that even though he has no more ca time to serve, that possibly california could still have jurisdiction over him? his projected release date from tx if 2030 is he does not get paroled.

any help on this would be greatly appreciated, or if anyone can point me in the right direction or tell me to which forum this would be better addressed, that would be a lifesaver!!! thanks everyone!
Reply With Quote
Sponsored Links
  #2  
Old 03-24-2008, 06:00 PM
auroraborealis's Avatar
auroraborealis auroraborealis is offline
Registered User
Donation Award 
 

Join Date: Mar 2008
Location: Minnesota
Posts: 64
Thanks: 18
Thanked 19 Times in 13 Posts
Default

I don't know how he'd ever get back into Cali when they are so overcrowded. But what does it cost to try, ya know? It is my understanding that both of these actions need to be done through his Corrections Counselor.

Also, from what I've read in the Statutes/Penal Code, the rules of the sending state are enforced in the receiving state, meaning he wouldn't get to do his TX time under CA rules EVEN IF they let him transfer back to CA.

I don't mean to be a downer, but I think your friend is at the mercy of TX DOC. Google "Interstate Corrections Compact". There is a website with the contact names of ALL the state's Compact Administrator. (Sorry, I'm not by my files, or I'd include it here...)

I, too, am VERY interested in any info on the Interstate Corrections Compact (allowing an inmate to transfer to another state to do time) AND the Interstate Agreement on Detainers (affords inmate opportunity to resolve pending charges in another state while incarcerated). My husband has only a 600-mile extradition on the charges in the state I am in. They won't go get him or "detain" him when his CA time is done (I already checked). But he wants to resolve the pending issues here WHILE he is incarcerated so he can come here to do his time and then parole here, OR parole here with a clean slate.

ANYONE have any experience with either of these?

I didn't really know where to post this subject either......
Reply With Quote
  #3  
Old 03-26-2008, 05:32 PM
need4givness need4givness is offline
Registered User
 

Join Date: Mar 2008
Location: California
Posts: 60
Thanks: 2
Thanked 5 Times in 5 Posts
Default thanks for the reply...

aroraborealis:

thanks for the reply. i think you're right about the tx rules being applied. i think he would stay under tx jurisdiction, and the officer i spoke with today said that if he were to get a transfer (which he said he would not). he said tht when his time came up for parole, tx would still just review his file as if he were in a tx prison. *sigh*
Reply With Quote
  #4  
Old 03-26-2008, 06:37 PM
need4givness need4givness is offline
Registered User
 

Join Date: Mar 2008
Location: California
Posts: 60
Thanks: 2
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by auroraborealis

I, too, am VERY interested in any info on the Interstate Corrections Compact (allowing an inmate to transfer to another state to do time) AND the Interstate Agreement on Detainers (affords inmate opportunity to resolve pending charges in another state while incarcerated). My husband has only a 600-mile extradition on the charges in the state I am in. They won't go get him or "detain" him when his CA time is done (I already checked). But he wants to resolve the pending issues here WHILE he is incarcerated so he can come here to do his time and then parole here, OR parole here with a clean slate.

ANYONE have any experience with either of these?

I didn't really know where to post this subject either......
basically, if i understand this whole detainers act correctly (i've read a buuunch of stuff on this recently as my friend basically got screwed on this whole detainers act), the state you're in has to put a detainer on him while he's in ca (but after having been sentenced in ca) for the crimes he's being charged with in your state (lets call your state 'X', since i don't know what state you're in). once X puts a detainer on him in Ca, your husband can put in a request for final disposition. what this does is it starts the clock ticking for the time limit that X has for his trial to commence (he’s requesting a speedy trial in state X). Once Ca hands him over to X, and he's in the custody of X, state X has 180 days to begin his trial, otherwise the charges that made up the basis for the detainer must be dismissed. (see: Interstate Agreement on Detainers Act [Pub.L. No. 91-538, 84 Stat. 1397 (1970)]

I also read something about a Ca provision (Cal. Penal Code 669) (see: In Re Stoliker, 49 Cal.2d 75, 315 P.2d 12 (1957) that says that (if I understand correctly) if someone is to be extradited from Ca to another state, Ca requires that the time already spent in Ca be applied to the time they receive in the receiving state and that the Ca time must run concurrent (instead of consecutively) to the time in the receiving state. Mind you, I’m NO lawyer, so I could have totally misunderstood what I read, but that’s how I understood it. I’ve provided the statute #’s so you can read up on them for yourself.

So it sounds like your husband would be able to either apply the time he’s already served in ca to the time he’ll get in X and be done with both charges while serving out only his new time in X. That would be awesome, wouldn’t it?

Hope this helps, even if just a little.
good luck!

Last edited by need4givness; 03-26-2008 at 06:40 PM..
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Interstate compact question waittill_08 Probation, Parole & Supervision 2 01-04-2008 09:57 PM
FL to CA Interstate Corrections Compact RedHerring Prison & Criminal Legal Help! 13 05-06-2007 09:36 PM
Mississippi H.I.R.E Resources and Assistance PTO-29412 Mississippi General Prison Talk, Introductions & Chit Chat 3 01-18-2007 09:53 PM


All times are GMT -6. The time now is 10:41 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics