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  #1  
Old 07-26-2006, 05:39 PM
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Default Corrections and Criminal Justice Committee's-UPDATE

CORRECTIONS COMMITTEE American Bar Association

Studies issues that affect correctional institutions and inmates. Examines matters related to sentencing, such as sentencing alternative and mandatory sentencing issues. Prepares testimony before the U.S. Sentencing Commission on such issues as offense and offender characteristics, judicial discretion with the guidelines, availability of probation, and sentence severity.

Activities & Projects
*Focus on the Blakely issue and the fallout from the Supreme Court's ruling in Booker and Fanfan. The committee will work closely with the Blakely Working Group headed by Prof. Steve Saltzburg.
*Joint project with women's committee on battered women: defenses and clemency.
*Preparation of policy recommendations on use of criminal records particularly in employment and licensing.
*Work with Commission on Effective Sanctions to develop policies on offender reentry and reintegration


Leadership

Co-Chairs: Martin Horn, Brett Dignam, Robert Keating
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Old 07-26-2006, 05:44 PM
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Default CJ Committee

CRIMINAL JUSTICE COMMITTEE Ameican Bar Association

Committees are the lifeblood of the Criminal Justice Section. They offer members the best opportunity for direct involvement in Section activities. Committee members work together to organize many of the Section's CLE offerings, develop books and publications, and prepare policy resolutions and supporting background reports that become the basis for the American Bar Association policies to initiate changes in criminal justice law and policy. In addition, attendance at committee meetings is an excellent way to exchange information with colleagues regarding the latest developments facing criminal justice practice issues.

Officers
Chair: Michael S. Pasano, Miami, FL

Chair-Elect: Robert M.A. Johnson, Anoka, MN

Vice-Chair for Planning: Stephen Saltzburg, Washington, DC

Vice Chair for Professional Development/CLE: Anthony Joseph, Birmingham, AL

Vice-Chair for Governmental Affairs: James M. Cole, Washington, DC

Vice Chair for Publications: Amie Clifford, Columbia, SC

Board of Governors Liaison: Pauline Weaver, Oakland, CA

Section Delegate to the House of Delegates: Susan Gaertner, Saint Paul, MN
Neal Sonnett, Miami, FL
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'Cause time has made me strong
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I'm gonna say this now
Your chance has come and gone
And you know...
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A little too long
And I can't wait

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  #3  
Old 11-29-2008, 11:52 AM
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I think the discussion in the boyfriend/husb forum about sagging pants and what that represents, and then your post made me think about tookie williams. It's near the 3rd anniversary of his execution. I guess I felt I "knew" him from the movie "redemption".

I agree that the number of prisons and especially black male inmates is modern day slavery. I also feel that in many ways, they have skewed thinking that made them active participants. Have you looked at the tookie.com web site? His letters to youths? modern day slavery?

I hear all the time about the deep seated racism in southern IL prisons. I've heard too many stories not to believe it. I guess you can see the confederate flag in southern IL.

My husband is old enough to have really looked at what he did and the ripple effect throughout his family.
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Old 03-01-2009, 05:26 AM
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hello i want to ask if my 19 years son will be one of the first to get out when they go releasing the inmates at the michigan reformorty due to he is going on a level one and has been a good inmate .he has a csc charge on him from the age of 16 which he was set up on .from his adopted mother .on her daughter .he was held in midland county jail for 292 before he was conviced .and he was sentenced on jan22of 08 to prision .he was looking at 5 to 15 .hes already had credits for 2 years with 3 years remaining .he works and is doing everything he can within schooling ect...
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Old 07-31-2009, 11:38 AM
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Angry CSC Prisoners

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Originally Posted by fthndkvn View Post
hello i want to ask if my 19 years son will be one of the first to get out when they go releasing the inmates at the michigan reformatory due to he is going on a level one and has been a good inmate .he has a csc charge on him from the age of 16 which he was set up on .from his adopted mother .on her daughter .he was held in midland county jail for 292 before he was conviced .and he was sentenced on jan22of 08 to prision .he was looking at 5 to 15 .hes already had credits for 2 years with 3 years remaining .he works and is doing everything he can within schooling ect...
Hello, I just came across your mail. My son is in the same situation. Set up by friends and a 27 old women who was drunk and couldn't remember nothing, yet the jury believed everything she said. We are fighting it.
As I found out the CSC people are the last one to be released, because of the public fear through the media and the DOC, Parole Board and guards striking to keep their job, bad mouthing all the CSC. That is why we have to get the word out to the media, governor, legislature, representative to let them now, the real truth about the SCS Charges. It is a witch hunt going on at the moment.
Where is your son located yet? Has he attended the required classes yet? Without those classes they will not release him. Ursula
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  #6  
Old 08-24-2009, 09:59 AM
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Am new on this site. Have a question. As of now, inmates with aggravated charges have to serve half of their sentence before parole eligibility. My son, in Middleton Unit in Abilene Texas has heard rumors of possible legislation pending changing the time to one fourth of their sentence. Does anyone have any info on this subject
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  #7  
Old 08-30-2009, 09:49 AM
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Originally Posted by drika88 View Post
Am new on this site. Have a question. As of now, inmates with aggravated charges have to serve half of their sentence before parole eligibility. My son, in Middleton Unit in Abilene Texas has heard rumors of possible legislation pending changing the time to one fourth of their sentence. Does anyone have any info on this subject
I have the same question. My husband is in the Neal Unit in Amarillo with aggravated charges on a DWI accident. He got 35 years and has done 3. A total of 9 years is a heck of a lot better than 18! I pray this is not yet another rumor. Anyone?
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Old 09-03-2009, 01:49 PM
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We have the same issue here in Florida. 85% and we pray for 65%.
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  #9  
Old 09-03-2009, 03:54 PM
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same in mississippi. lets all pray that god lets this go through
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  #10  
Old 09-13-2009, 12:11 AM
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same here colorado, they say sentencing will get reduced to 30% but, only god knows..i praye we all get the same answer.
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Old 09-22-2009, 03:29 PM
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Default New Laws

I am looking to see is there any new laws about the time in MDOC. I heard that the laws had changed like the 85% and the 65% laws if you all can give me some information that will help. I am new to the site so I am trying to read and see whats its about.
Thanks Tina

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Originally Posted by drika88 View Post
Am new on this site. Have a question. As of now, inmates with aggravated charges have to serve half of their sentence before parole eligibility. My son, in Middleton Unit in Abilene Texas has heard rumors of possible legislation pending changing the time to one fourth of their sentence. Does anyone have any info on this subject
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  #12  
Old 11-01-2009, 06:29 PM
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Default New Law???

My brother called and ask me to find out about the "new law" something about only doing 65% of time, due to gain time.(it used to be 85%) Also something to do with Florida needing more prisons, that they can not afford. I can't find anything on the internet. I have been looking for hours. Can ANYONE help me?? Please

Last edited by Mrs.SESJ; 11-01-2009 at 06:33 PM..
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  #13  
Old 11-06-2009, 07:46 AM
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Default Im looking for it too

I am on here looking for the "new law" too. Supposedly Obama signed that into law two days ago but I can not find proof of that anywhere. Have you had any luck with info?
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Old 11-06-2009, 08:44 AM
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I am on here looking for the "new law" too. Supposedly Obama signed that into law two days ago but I can not find proof of that anywhere. Have you had any luck with info?
I have been on this site for over a year now and this rumor has been out for as long as I have been here and years before I came to PTO...I don't know about this becoming a law but I am sure if it did or does we will all know about it...for now I am not getting my hopes up. If anyone finds anything concrete let us all know!!
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  #15  
Old 11-06-2009, 06:28 PM
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I think we're all hoping for it, no luck yet. :\

I'm sure it'd be plastered on the news as well as here on PTO- I could see it passing and there be a HUGE banner flashing across our screens :P
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Old 11-16-2009, 07:34 PM
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I don't know if this will answer anyones questions or not but I found the following:

Lead Criminal Justice Reform

The President will lead the fight to build a more fair and equitable criminal justice system. He will seek to strengthen federal hate crime legislation and will work to ensure that federal law enforcement agencies do not resort to racial profiling. He supports funding for drug courts, giving first-time, non-violent offenders a chance to serve their sentence, if appropriate, in drug rehabilitation programs that have proven to work better than prison terms in changing behavior. President Obama will also improve ex-offender employment and job retention strategies, substance abuse treatment, and mental health counseling so ex-offenders can successfully re-join society.
(I tried to post hte link but I cannot because I do not have enough posts yet)
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  #17  
Old 11-16-2009, 09:42 PM
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There were rumors in the Georgia prison system of new laws being passed on sentence reductions, 2 for 1 days & mass releases..Anyone have any clues on this??? And I am wondering if there is a sentence reduction, or the 2 for 1 would that include someone with a life sentence???
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Old 11-18-2009, 03:06 AM
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Believe it or not, the Matthew Shepard "Hate Crime Prevention Act" was slipped into the recently new law called the "National Defense Authorization Act of 2009"... This is what my baby was telling me but it took some EXTENSIVE research to find it... It appears to be somewhat hidden... who knows, maybe for political reasons... Frankly I don't care, it will benefit my baby among alot of others in Federal Prison (not sure exactly if it's state as well). I found some pending USC titles/sections which made me realize that after years of talk, it's finally a reality...

This bill has become law. It was signed by Barack Obama. [Last Updated: Nov 13, 2009 9:33PM]
Last Action: Oct 28, 2009: Became Public Law No: 111-84
Other Titles:
-- Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
-- Military and Overseas Voter Empowerment Act
-- Military Commissions Act of 2009
-- Military Construction Authorization Act for Fiscal Year 2010
-- Non-Foreign AREA Act of 2009
-- Non-Foreign Area Retirement Equity Assurance Act of 2009
-- Success in Countering Al Qaeda Reporting Requirements Act of 2009
-- Victims of Iranian Censorship Act
-- VOICE Act
Division E (hate crimes, and for other purposes)
* Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
Expanded federal hate crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. The Local Law Enforcement Hate Crimes Prevention Act is intended to address two serious limitations in the reach of the current Federal hate crimes statutes--principally, 18 U.S.C. Sec. 245 (Interference with Federally Protected Activities) and 42 U.S.C. 3631 (Interference with Housing). Enacted in 1968, these statutes prohibit violent hate crimes in a limited set of contexts, based on animus against the victim's race, color, religion, or national origin. 2



SEC. 3. AMENDMENTS RELATED TO TITLE 18, UNITED STATES CODE.
Title 18, United States Code, is amended--

18 USC 1963 - Sec. 1963. Criminal penalties
(4) in section 1963(d)(2), by striking `ten days' and inserting `fourteen days';
18 USC 2252 - Sec. 2252A. Certain activities
(5) in section 2252A(c), by striking `10 days' and inserting `14 days';
18 USC 2339 - Sec. 2339B. Providing material
(6) in section 2339B(f)(5)(B)(ii), by striking `10 days' and inserting `14 days';
(7) in section 2339B(f)(5)(B)(iii)(I), by inserting after `trial' the following: `, excluding intermediate weekends and holidays';
(8) in section 2339B(f)(5)(B)(iii)(III), by inserting after `appeal' the following: `, excluding intermediate weekends and holidays';
18 USC 3060 - Sec. 3060. Preliminary examination
(9) in section 3060(b)(1), by striking `tenth day' and inserting `fourteenth day';
18 USC 3432 - Sec. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases
(10) in section 3432, by inserting after `commencement of trial' the following: `, excluding intermediate weekends and holidays,';
18 USC 3509 - Sec. 3509. Child victims' and child witnesses' rights
(11) in section 3509(b)(1)(A), by striking `5 days' and inserting `7 days'; and

Here's the whole list, you could look it up yourself if you like
The amendments made by this Act shall take effect on December 1, 2009.
SECTION 1. SHORT TITLE.
This Act may be cited as the `Statutory Time-Periods Technical Amendments Act of 2009'.
SEC. 2. AMENDMENTS RELATED TO TITLE 11, UNITED STATES CODE.
Title 11, United States Code, is amended--
(1) in section 109(h)(3)(A)(ii), by striking `5-day' and inserting `7-day';
(2) in section 322(a), by striking `five days' and inserting `seven days';
(3) in section 332(a), by striking `5 days' and inserting `7 days';
(4) in section 342(e)(2), by striking `5 days' and inserting `7 days';
(5) in section 521(e)(3)(B), by striking `5 days' and inserting `7 days';
(6) in section 521(i)(2), by striking `5 days' and inserting `7 days';
(7) in section 704(b)(1)(B), by striking `5 days' and inserting `7 days';
(8) in section 749(b), by striking `five days' and inserting `seven days'; and
(9) in section 764(b), by striking `five days' and inserting `seven days'.
SEC. 3. AMENDMENTS RELATED TO TITLE 18, UNITED STATES CODE.
Title 18, United States Code, is amended--
(1) in section 983(j)(3), by striking `10 days' and inserting `14 days';
(2) in section 1514(a)(2)(C), by striking `10 days' each place it appears and inserting `14 days';
(3) in section 1514(a)(2)(E), by inserting after `the Government' the following: `, excluding intermediate weekends and holidays,';
(4) in section 1963(d)(2), by striking `ten days' and inserting `fourteen days';
(5) in section 2252A(c), by striking `10 days' and inserting `14 days';
(6) in section 2339B(f)(5)(B)(ii), by striking `10 days' and inserting `14 days';
(7) in section 2339B(f)(5)(B)(iii)(I), by inserting after `trial' the following: `, excluding intermediate weekends and holidays';
(8) in section 2339B(f)(5)(B)(iii)(III), by inserting after `appeal' the following: `, excluding intermediate weekends and holidays';
(9) in section 3060(b)(1), by striking `tenth day' and inserting `fourteenth day';
(10) in section 3432, by inserting after `commencement of trial' the following: `, excluding intermediate weekends and holidays,';
(11) in section 3509(b)(1)(A), by striking `5 days' and inserting `7 days'; and
(12) in section 3771(d)(5)(B), by striking `10 days' and inserting `14 days'.
SEC. 4. AMENDMENTS RELATED TO THE CLASSIFIED INFORMATION PROCEDURES ACT.
The Classified Information Procedures Act (18 U.S.C. App.) is amended--
(1) in section 7(b), by striking `ten days' and inserting `fourteen days';
(2) in section 7(b)(1), by inserting after `adjournment of the trial,' the following: `excluding intermediate weekends and holidays,'; and
(3) in section 7(b)(3), by inserting after `argument on appeal,' the following: `excluding intermediate weekends and holidays,'.
SEC. 5. AMENDMENT RELATED TO THE CONTROLLED SUBSTANCES ACT.
Section 413(e)(2) of the Controlled Substances Act (21 U.S.C. 853(e)(2)) is amended by striking `ten days' and inserting `fourteen days'.
SEC. 6. AMENDMENTS RELATED TO TITLE 28, UNITED STATES CODE.
Title 28, United States Code, is amended--
(1) in section 636(b)(1), by striking `ten days' and inserting `fourteen days';
(2) in section 1453(c)(1), by striking `not less than 7 days' and inserting `not more than 10 days'; and
(3) in section 2107(c), by striking `7 days' and inserting `14 days'.
SEC. 7. EFFECTIVE DATE.
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Old 11-18-2009, 03:06 AM
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I have reference links if you want to read up on it.... Unable to post per link limit... Just let me know...
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Old 12-15-2009, 08:06 PM
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Quote:
Originally Posted by drika88 View Post
Am new on this site. Have a question. As of now, inmates with aggravated charges have to serve half of their sentence before parole eligibility. My son, in Middleton Unit in Abilene Texas has heard rumors of possible legislation pending changing the time to one fourth of their sentence. Does anyone have any info on this subject
My Husband is in Middleton and he has heard the same thing. If you find out any information, please let me know and I'll do the same. Let's hope they are right!
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Old 12-20-2009, 03:03 AM
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Originally Posted by MikesBabydoll09 View Post
I think we're all hoping for it, no luck yet. :\

I'm sure it'd be plastered on the news as well as here on PTO- I could see it passing and there be a HUGE banner flashing across our screens :P

I DON'T KNOW WHERE THIS GOES - SO IT GOES HERE

House Introduces Crucial Prison Litigation Reform Legislation

December 16, 2009
Bill Would Reform Law That Denies Access To Courts For Victims Of Prison Rape And Other Abuses

FOR IMMEDIATE RELEASE
CONTACT: (202) 675-2312 or media@dcaclu.org

WASHINGTON – Congressman Robert Scott (D-VA) introduced landmark legislation today that is aimed at reforming how prisoners can bring lawsuits defending their rights. Congressman Scott’s bill would reform the Prison Litigation Reform Act (PLRA) which was originally passed by Congress in 1996 as a way to stem the tide against what were thought to be frivolous lawsuits by prisoners. Since that time, the law has been used repeatedly to deny justice to victims of rape, assault, religious rights violations and other serious abuses. The American Civil Liberties Union has been fighting for necessary reforms to the PLRA on several fronts and lauded the introduction of Congressman Scott’s bill, H.R. 4335, The Prison Abuse Remedies Act of 2009 (PARA).

“The PLRA was passed to curb what were thought to be frivolous lawsuits but it has instead slammed shut the doors of the courthouse to our country’s prisoners who have suffered true and legitimate harm,” said Michael Macleod-Ball, Acting Director of the ACLU Washington Legislative Office. “Prisoners can suffer torture, unsanitary conditions and degrading treatment and still not meet the requirements to file a lawsuit under the PLRA. Our nation’s prisoners should not continue to be further shackled when it comes to their legal rights.”

For over a decade, the ACLU has opposed certain provisions of the PLRA that prevent prisoners from bringing lawsuits about inhumane treatment and undermine constitutional protections. For example, the PLRA requires that prisoners exhaust the internal complaint process of their correctional institution before they can file a lawsuit. This requirement may sound simple, but in practice it allows prison officials to apply complex and often arbitrary rules that make it impossible for a prisoner to complete grievance processes, especially if the prisoner is mentally ill, illiterate or a juvenile. In addition, this requirement exposes prisoners to retaliation from guards, especially where prisoners are required to give their paperwork to the very guards who have abused them, leading to intimidation, more abuse and a culture where prisoners fear filing complaints because the consequences of standing up for one’s rights can ultimately make life in prison worse.

"For too long, prisoners have been impeded from seeking redress of their most fundamental constitutional and human rights in federal court,” said Amy Fettig, staff attorney with the ACLU National Prison Project. “It is imperative that the rule of law be returned to U.S. prisons and jails by restoring the ability of federal courts to hold them accountable for violating the Constitution.”

One of the worst requirements of the PLRA mandates that prisoners suffer a narrowly defined physical injury in order to get compensatory damages. Under this provision of the law, some courts have found that victims of sexual assault or prisoners who have had their right to religious freedom violated are denied relief under the law because they were not “physically injured” for purposes of the PLRA.

Application of the PLRA to youth is especially dangerous because children are even more vulnerable than adult prisoners to sexual abuse and other victimization, and many youth either do not know of or do not understand the grievance systems in their facilities, and many more fear retaliation for filing grievances. As a result, the PLRA effectively bars many incarcerated youths, their parents and advocates from being able to address serious problems with their conditions of confinement.

“The PLRA only worsens an already crippled criminal justice system,” said Macleod-Ball. “The new bill is more important than ever with more than one in 100 Americans behind bars, ever-shrinking state budgets and increasingly abusive conditions of confinement. We urge Congress to pass the Prison Abuse Remedies Act as quickly as possible.”

For more information on PLRA visit ACLU org prison restrict
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Old 12-30-2009, 02:05 PM
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lets all keep our fingers crossed and a prayer on our breaths this one goes through this time
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Old 01-03-2010, 09:32 PM
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Ok, so I have never done this before so here is goes. My husband of 19 years and the father of our 2 beautiful children 13 yr old boy and 6 yr girl is curently in Prison for Drugs. He is currently in a program called SATP and he absoultely HATES IT! He says that it is run by other inmates and is TERRIBLE he is not even allowed to discuss it or he will be punished?? He wants out NOW but he is not sure what effect this will have on him for future release. He has a clemency hearing in Feb 2010. We are hoping and praying that he will be released right after but his release date currently is April 2011. He got 10 years..you know more than people get for manslaughter..or 5 DWI's..Does anybody know where I can get some info on this program and the effects that this might have on his release? Thanks to all!
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  #24  
Old 01-25-2010, 10:34 PM
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kakellum kakellum is offline
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Originally Posted by Ms.Tina View Post
I am looking to see is there any new laws about the time in MDOC. I heard that the laws had changed like the 85% and the 65% laws if you all can give me some information that will help. I am new to the site so I am trying to read and see whats its about.
Thanks Tina
Hello, I spoke to Danny Jackson (in with the MDOC) back in December about the rumor of the reduction 85%-65% law. He said that it has been a rumor for a very long time & that's just what it is...A Rumor! He did say there was a motion being heard in the courts in Jan. 2010 due to the budget cuts that are trying to be done, to release more inmates. He said if it is pasted not to look for it to happen until the middle of the year though, but it was on the table. I have been trying to find out the results, but I can't find anything out yet. I am very hopeful though..he ask what my husband is in for & he told me that he probably will be one that is released if this passes, I pray he is right!!
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  #25  
Old 03-10-2010, 05:04 PM
linda sanders linda sanders is offline
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Originally Posted by sabb266 View Post
I don't know if this will answer anyones questions or not but I found the following:

Lead Criminal Justice Reform

The President will lead the fight to build a more fair and equitable criminal justice system. He will seek to strengthen federal hate crime legislation and will work to ensure that federal law enforcement agencies do not resort to racial profiling. He supports funding for drug courts, giving first-time, non-violent offenders a chance to serve their sentence, if appropriate, in drug rehabilitation programs that have proven to work better than prison terms in changing behavior. President Obama will also improve ex-offender employment and job retention strategies, substance abuse treatment, and mental health counseling so ex-offenders can successfully re-join society.
(I tried to post hte link but I cannot because I do not have enough posts yet)
I think it ROCKS the the president sees what we know as spouses and offenders! In Colo. hb09-1022 passed!Thank you Colorado Corrections Justice Reform Coalition!My husband is doing a 180 day turn around, for 2 hot ua"s, the program is only 90 days, but if they keep the offender for 180 days, they get paid for 12 months, only paid by month if under 6 months!
In the mean time I have had to go on food stamps, to feed our daughter, I'm unemployed, can't, find work or
see a dr., I make too much on unempl. by $4.00 to qualify for medicade, he has a job waiting, a Federal Grant for ITT Tech. or Redstone in areonatics! When will DOC quit digging in their pockets and admit that we are more than just a DOC #, but now that WE have help in the government !Thank you to President Obama and CCJC!!

Last edited by linda sanders; 03-10-2010 at 05:16 PM..
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