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  #1  
Old 06-07-2010, 02:14 AM
IndianaDude IndianaDude is offline
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Default Indiana Senate Bill 340 (house arrest credit time)

Here in Tippecanoe they said that this bill would only apply to those sentenced AFTER July 1, 2010 because of the way it was written. I don't see where it says that and do you think they're just saying that because they don't want to go through the hassle of it or so they will keep getting money from those who otherwise would be released as a result of this bill? Thanks
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  #2  
Old 06-07-2010, 09:25 PM
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do you think they're just saying that because they don't want to go through the hassle of it or so they will keep getting money from those who otherwise would be released as a result of this bill? Thanks
I'm no expert, but I can share my thoughts. Usually laws of this nature are not retroactive. If it had been an interpretation of law on a code all ready written, it would apply to people who meet the criteria when the law was passed. Because is new, it creates a new scenario and only affects the people that are under its guidelines when it is enacted.

I know bills are often passed but come into effect later usually around the time you stated.

I wish it would apply backwards. I have some time I could knock of my shoulders.

It is a victory though. It is only right to do too. A person on house arrest is confined. The law states anyone confined is entiltled to have that time counted. I imagine if you search you'll find a federal law that stipulates house arrest as infringement of freedom. Therefore, it is a protected interest. I wish it was enacted more out of a sense of right than forced compliance. I only speculate though.

If I were to answer your question, I think the county is following the law. It doesn't have the authority to accredit time until the law is in effect.

Thanks for the post.
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Old 06-07-2010, 09:45 PM
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Thanks for the reply. I just wanted to hear others reply to this law. All I want is the credit when everyone else recieves it. I'm not asking for the time I've already done, but I think it's unfair when July rolls around and I still only get 1 for 1 when others are going to get 2 for 1.
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Old 06-07-2010, 11:04 PM
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Originally Posted by IndianaDude View Post
Thanks for the reply. I just wanted to hear others reply to this law. All I want is the credit when everyone else recieves it. I'm not asking for the time I've already done, but I think it's unfair when July rolls around and I still only get 1 for 1 when others are going to get 2 for 1.
You might have an issue if you're on house arrest when the law is passed. You will have to look into case law. But you won't find anything specific, because it's new. Yet, you'll find things to frame the issue. The good news is that, because it's new, it is open to interpretation if it is not excluded by law of retroactivity (don't know what the principle is really called). You may be able to file a motion to solicit an answer from the court. They will have to provide substantiated reasoning to your question.

However, it will be a difficult argument. We have to go with how the law was when you made an agreement with the state. It is like agreeing to buy a car from a dealer at 20. Later, the dealer drops the price to 15. You can't go back on your contract. This is what you agreed to at the time. I imagine this is how the state will reply.

However, as you stated, it is not fair. I'm with you on that; I'm on the ball-and-chain myself. I think you may be able to find relief. If it is protected as a right, that is, if the state enacted the law to be in compliance with the constitution, you are entitled to it regardless of the enactment date.

Interesting. I wish I could a write a brief for you to cover the issue, but I don't know enough about the issue as it exists in caselaw. If I were you, I'd see what case law you can find to argue your point. If you don't find it in the law that the conditions under which you find yourself don't exclude you from the time, you can make the Law yourself through court. Law is like a noodle factory (, and incidentally, a noodle is often the one trying to make the noodles -state, county, DOC). It can be twisted into shape


God bless.
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Old 06-09-2010, 07:55 AM
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Default where is the language in the bill?

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Originally Posted by IndianaDude View Post
Here in Tippecanoe they said that this bill would only apply to those sentenced AFTER July 1, 2010 because of the way it was written. I don't see where it says that and do you think they're just saying that because they don't want to go through the hassle of it or so they will keep getting money from those who otherwise would be released as a result of this bill? Thanks
Hi,

I'm looking this over. Could you please explain to me where in the bill I can find the language giving credit for house detention time? I can't find it in there. Thanks...
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Old 06-09-2010, 09:54 AM
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Hi,

I'm looking this over. Could you please explain to me where in the bill I can find the language giving credit for house detention time? I can't find it in there. Thanks...
Now I see... I assume that it's Section 14 of the bill which deletes the language "unless the person is placed in the person's home." I would think that this would control courts' calculations of credit, no matter when the house detention itself took place.
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Old 06-09-2010, 01:47 PM
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Default Definition of Retroactive

West's Encyclopedia of American Law:

A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a new and different legal effect to transactions or considerations already past. Common-law principles do not favor the retroactive effect of laws in the majority of cases, and canons of legislative construction presume that legislation is not intended as retroactive unless its language expressly makes it retroactive.
(Itallics mine)

Retrieved June 9, 2010 from from: http://www.answers.com/topic/retroactive.

Law does not exist in a vacuum. There are legal traditions, case law, and other matters that effect the interpretation of any enacted code. In fairness, to the question, I presume the County is not operating out of malacious intent. That does not mean that is the ultimate interpretation. When dealing with a liberty issue, there a myriad of factors that contend to alter one (a State's) interpretation. From experience, it will not be a simple affair. If you want it, you're going to have to be willing to fight a long battle. Then, again, I'm no expert. I only offer my limited knowledge in hopes of better understanding the Courts' determination. The good news is that exciled citizens are highly motivated and intelligent. It won't be long till one of them challenges it.
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Old 06-28-2010, 09:50 AM
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What if you were sentenced to do your time in the DOC, but then get a sentence modification after July 1 to do the rest on house arrest? Is that kinda like being re sentenced?
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Old 07-03-2010, 08:12 AM
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Hey I'm currently on home detention here in Allen County.. I've been heaing rumors that 2 for 1 credit has been applyied but not to those who are on the program due to a probation violation? Does anyone have any insite into this?
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Old 07-05-2010, 02:16 PM
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What if you were sentenced to do your time in the DOC, but then get a sentence modification after July 1 to do the rest on house arrest? Is that kinda like being re sentenced?
You have a way of dissecting law that causes me all kinds of difficulty. You should become a lawyer.

I would think your interpretation applies. The person is sentenced to the condition under the new law. It appears to logically apply. Thanks for helping us think more cleary.

Honestly, sometimes I hate the Law. It is full of grey lines.

I just dug deeper into the bill. It reads (see below) that any person placed in a community corrections program is entitled to earned credit time. Therefore, I am confident that if a person is placed in a community corrections program at the time this law is in effect he/she will get earned credit time. This will not be dependent upon the time a person was orginally sentenced. It will depend on the time the person was placed in a community correction program.

You keep us on our toes. You have pointed posts. Those are the best.
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Old 07-05-2010, 02:50 PM
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Default The Law in Question

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Hey I'm currently on home detention here in Allen County.. I've been heaing rumors that 2 for 1 credit has been applyied but not to those who are on the program due to a probation violation? Does anyone have any insite into this?
Here is the law in question"

(2) a person who is placed in a community corrections program under the law is entitled to earn credit time. Allows a person to be deprived of credit time for violating a rule or condition of a community corrections program

It can be found at http://www.in.gov/apps/lsa/session/b...340&doctype=SB

Probation doesn't count as confinement. Moreover, the code refers specifically to a community corrections prorgam:

IC 35-38-2.6-2
"Community corrections program" defined
Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential and work release, electronic monitoring, day treatment, or day reporting that is:
(1) operated under a community corrections plan of a county and funded at least in part by the state subsidy provided under IC 11-12-2; or
(2) operated by or under contract with a court or county.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.6; P.L.20-1994, SEC.3.


This is the actual new code:


IC 35-38-2.6-6
Credit time
Sec. 6. (a) As used in this subsection, "home" means the actual living area of the temporary or permanent residence of a person. A person who is placed in a community corrections program under this chapter is entitled to earn credit time under IC 35-50-6.
(b) A person who is placed in a community corrections program under this chapter may be deprived of earned credit time as provided under rules adopted by the department of correction under IC 4-22-2.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.8; P.L.20-1994, SEC.4; P.L.105-2010, SEC.14.

It used to be read:

A person who is placed in a community corrections program under this chapter is entitled to earn credit time under IC 35-50-6. unless the person is placed in the person's home.

To answer your question, probation does not get earned credit time based on this enacted code. It applies to a community correction program.

I did read in the original bill a provision for the sentencing commission to conduct a study to determine if parolees should be entitled to earned credit time, but it was removed in the Senate subcommitte.

Stick around bro. It is good to have you here.
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Old 07-05-2010, 03:29 PM
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I understand that probation (street time) does not get credit time. But what about confinment? I am now on house arrest as a condition of my probation. And I am on house arrest through a community corrections program (Allen County Community Corrections). So I am on probation and "confined".. I assume house arrest counts as confinment.

My question is- does a person lose earrned credit time for violating a rule of a communitiy corrections program before he is confined to house arrest? Or does he only lose it while violating a rule while being confined to house arrest?

I could understand if I lose credit time if I violate a rule while being on home dentention. but if I'm confined and following all the rules why shouldn't I recieve the same credit time as everyone else?

This is what I see from the bill

SOURCE: IC 35-38-2.6-6; (10)CR034001.15. --> SECTION 15. IC 35-38-2.6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010] A person who is placed in a community corrections program under this chapter is entitled to earn credit time under IC 35-50-6 . (unless the person is placed in the person's home.)-- deleted text
(b) A person who is placed in a community corrections program under this chapter may be deprived of earned credit time as provided under rules adopted by the department of correction under IC 4-22-2.".

IC 35-50-6 states

IC 35-50-6-4
Credit time assignments
Sec. 4. (a) A person who is not a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class I.
(b) A person who is a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class IV. A credit restricted felon may not be assigned to Class I or Class II.
(c) A person who is not assigned to Class IV may be reassigned to Class II or Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a lower credit time class, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.
(d) A person who is assigned to Class IV may be reassigned to Class III if the person violates any of the following:
(1) A rule of the department of correction.
________________________________

- So according to this if I am being imprisoned and I am not a credit restricted fellon I should automatically be assigned to Class 1 credit time ( 2 for 1)

The question I have is.. Do you only lose credit time when you violate a rule "while on" house arrest, or is it automatically taken away on day 1 because of a violation you made before being confined? ( a violation of a rule through a different community corrections program than the one that is currently confining you)

I violated probation.. and as a result I recieved 6 months house arrest. According to this bill am I good for 2 for 1 credit? and if not, would I be eligable for Class II credit ( 1 day for 2)

Last edited by somebodyzson; 07-05-2010 at 04:16 PM..
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Old 07-05-2010, 06:27 PM
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I violated probation.. and as a result I recieved 6 months house arrest. According to this bill am I good for 2 for 1 credit? and if not, would I be eligable for Class II credit ( 1 day for 2)
Between you and CycleMan, I am getting an education in Law. You are intelligent and knowledgable. I pray you continue to assist us in our efforts to make sense of the system.

I have found code to further define our questions on house arrest and earned credit time.

I think the thing we need to remember is that the Senate bill deals with only people in direct placement community correction program. In and of itself, it is not home detention but community corrections. I tried to decipher what it means, but I am at a loss. It is under title 35, chaper 2.6:

http://www.in.gov/legislative/ic/cod...r38/ch2.6.html

There is another chapter that deals with home detention: title 35, chapter 2:5

http://www.in.gov/legislative/ic/cod...r38/ch2.5.html

I found your answer there:

IC 35-38-2.5-5
Home detention as condition of probation
(e) A person confined on home detention as a condition of probation earns credit for time served.

Of course, I can't determine if that includes earned credit time. That will require more research.

As for the question of taking earned credit time, you cannot have time taken for an indiscretion committed while you were not on community corrections. Second, you can't take earned credit time you haven't earned. I turned over to a new sentence in 2000. I got a conduct report a few days after I turned over. The DOC took 45 days earned credit time. Since I had only earned 5, that is all they could take. In your case, there is little if any earned credit time to take.

Read the chapter on home detention. See what you can make of it. Let's us know what you find out.

God bless.
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Old 07-06-2010, 06:55 AM
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If anyone is currently on house arrest talk to the director or whoever is in charge and ask them about it. In Tippecanoe they told me the way the bill was written that it only applies to those sentenced after July 1. I've tried contacting legislators, but I haven't got any responses.
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Old 07-06-2010, 09:49 AM
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I have thought of becoming a lawyer since paying so much for their services over the last few years! I just feel like there has to be a loop hole in every situation...you just have to dig to find it sometimes. I have zero understanding of law or the system, but sometimes working together with others helps you figure out things! be happy for the gray lines. It's a lot better that way because it allows you to be able to fight a little bit!

Quote:
Originally Posted by Jackson1776 View Post
You have a way of dissecting law that causes me all kinds of difficulty. You should become a lawyer.

I would think your interpretation applies. The person is sentenced to the condition under the new law. It appears to logically apply. Thanks for helping us think more cleary.

Honestly, sometimes I hate the Law. It is full of grey lines.

I just dug deeper into the bill. It reads (see below) that any person placed in a community corrections program is entitled to earned credit time. Therefore, I am confident that if a person is placed in a community corrections program at the time this law is in effect he/she will get earned credit time. This will not be dependent upon the time a person was orginally sentenced. It will depend on the time the person was placed in a community correction program.

You keep us on our toes. You have pointed posts. Those are the best.
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Old 08-05-2010, 05:37 PM
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my attorney says the good time credit is not retroactive, but your release date should be re-calculated from july 1st to your original release date. example: original release date jan. 18,2012...days from july 1, 2010 to jan. 18, 2012 is 567 days...with credit time = 283.5 (round up = 284 days...july 1, 2010 + 284 days = apr. 11, 2011... NEW RELEASE DATE: APR 11, 2011!
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Old 08-08-2010, 10:34 PM
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my attorney says the good time credit is not retroactive, but your release date should be re-calculated from july 1st to your original release date. example: original release date jan. 18,2012...days from july 1, 2010 to jan. 18, 2012 is 567 days...with credit time = 283.5 (round up = 284 days...july 1, 2010 + 284 days = apr. 11, 2011... NEW RELEASE DATE: APR 11, 2011!

REALLY!?!? They keep telling us here in Tippecanoe that it only applies to those sentecned after July 1. What county are you in?
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Old 08-26-2010, 06:26 AM
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I am so glad I found this thread!! My Wife and I have been researching this for about a month now trying to figure out if this applies to my situation.

I was sentenced to 6 mos. Home Detention and 1.5 yrs Probation in Bartholomew County. I was sentenced on June 25th and started the Home Detention on July 13th.

After reading through this thread and the Indiana Code, my understanding is that a person would receive credit time for any time served after July 1st, no matter when you were sentenced.

My only confusion lies within the meaning of "Direct Placement". My DOC officer has thrown this term around, and said that some things do not apply to me because I am not Direct Placement. What exactly is meant by Direct Placement?
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Old 08-26-2010, 09:58 PM
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I am so glad I found this thread!! My Wife and I have been researching this for about a month now trying to figure out if this applies to my situation.

I was sentenced to 6 mos. Home Detention and 1.5 yrs Probation in Bartholomew County. I was sentenced on June 25th and started the Home Detention on July 13th.

After reading through this thread and the Indiana Code, my understanding is that a person would receive credit time for any time served after July 1st, no matter when you were sentenced.

My only confusion lies within the meaning of "Direct Placement". My DOC officer has thrown this term around, and said that some things do not apply to me because I am not Direct Placement. What exactly is meant by Direct Placement?
They told my son in law it only apply s to people sentenced after July 1. That is what his probation officer told him. And the judge has to sentence you to house arrest. MY son in law was on work release and then went to home detention and he had to do the whole time on house arrest. This was just this past June. He just got out 2 weeks ago.
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Old 11-25-2010, 03:28 AM
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Quote:
Originally Posted by IndianaDude View Post
Thanks for the reply. I just wanted to hear others reply to this law. All I want is the credit when everyone else recieves it. I'm not asking for the time I've already done, but I think it's unfair when July rolls around and I still only get 1 for 1 when others are going to get 2 for 1.
hey indiana dude,im in tippecanoe county and am having the same problems with tccc,others who are there for ptr's,sentences before july,1st,and many other things recieve the 2 for 1.one girl just called her probation officer,and the next time i saw her at check in,she was recieving 2 for 1.in fact the secretary there said ,to me personally,that the surveilance officers individually looked at the cases and decided who attained this benefit,and that they have changed it several times since.so there is no magic list, it is a morphing list as the law is more and more defined.I am still getting 1 4 1,yet have really amped up my inquiry as to why and what determines ones eligibility.if you have any insight as to what i could do i would greatly appreciate it.(i am the only one working-old lady-2 kids- and my bills have piled up, my health has gone downhill,and really need a bad luck break)filed for sent. mod. yet was immediatly denied,after i stated how integral it was i stay home and provide for my family(no 2 for 1,and even less money to pay them).so really anything you can tell me would help me immensely
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Old 11-27-2010, 09:12 AM
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Default just getting started

As I learn more I will post the out come. I was sentenced to 1 year in jail and one year on community corrections on April 15 2010, I served my jail time and was released on to C.C.on Sept 30 2010.What I have been told is that I do no get credit because of time of sentencing. But now looking into the matter, I am finding out this my not be true. I decided to go to the facility the I served in and got a letter from the commander stating I am a credit class one inmate. With that out of the way and with the time I signed into house arrest,I should be able to put up a good fight with the courts if the state tries to keep me on house arrest past march 30 2010, I asked my completion date and was told Sept 30 2011, Now if any one can give me any help with this or ideas please let me know. Thanks 3-D 69
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Old 11-27-2010, 09:42 AM
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just a little more info, as the law reads from Senate bill , there are a few key words, Placed is one of them. I was placed in ACCC program after the law went into effect. Now I have to find an attorney who is willing to challenge the law so I can get credit.
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Old 01-12-2011, 01:16 PM
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i am new to the board and not real brite ) has anyone figured out if those of us on house arrest b4 july are eligible for the 2 for 1 credit 4 time served after july? i have 3 more years. thanks for any info
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Old 01-21-2011, 09:48 AM
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Red face My GPS Situation

I'm new to these forums, but I figured I would post my experience to maybe help some others.

I was placed on GPS Home Detention as direct placement. I modified out of prison onto GPS to do the remaining three years. I figured I would be able to modify after a year or so, so doing three years on GPS did not really factor into my decision. I was 20. I wanted to go home. That was two and a half years ago; I am still on GPS. Numerous modification attempts have been sent in, all to absolutely no avail.

As soon as I heard that the two for one time credit may possibly be applicable to offender cases before July 1st, 2010, I immediately sent in a request for my credit time. I actually sent it in the very same day I heard it was possible. I had heard no repeatedly, then I heard a possible and figured it was worth a shot.

That was two weeks ago. This morning while I was checking my chronological case summary the latest entry was updated, the court has deemed it appropriate to give me my credit time. Now I am just waiting to hear from Community Corrections. My wife and I flipped, laugh.

GPS is horrendous. I have started a new life while on GPS. I have been married, have a one year old, held a job for over two years now, and am currently studying computer networking in the evenings at a local community college. I owe a lot of what I have today because of GPS, but I am ready to be off, and I know where every one of the long time home detention guys are.

The best advice I can give is to try. They cant lock you back up for trying. And if they do, they cant eat you. I wrote in probably four various requests. In my opinion, my freedom is worth a little effort. I finally have something positive, after repeated negative responses. I have two other friends on long term GPS sentences and we all filed for our credit time, all in different courts. I am the first one to hear anything.

Worst case scenario is they knock three months off my sentence. Best case scenario is it gets cut off today. We've learned not to get our hopes up though. If anyone is interested, I'll let you guys know what happens once I hear from Community Corrections. I'm trying not to rush anything. I go in Monday either way, so I will talk to them then. It's going to be a long weekend.

Sobriety pays. Everything I have today is because I have stayed away from dope. Who would have ever thought a nineteen year old addict could get to where I am today.

Last edited by badf1sh; 01-21-2011 at 10:09 AM..
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Old 01-21-2011, 01:26 PM
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Badf1sh, WOW CONGRADS!!!!! Your story will give inspiration to a lot of people, thank you for shareing Keep up the awesome work, sobriety isn't easy. Please do keep us updated

Take care and welcome to PTO too lol If you'd like to share your story with more people, here is a spot on PTO for that. Your a true inspiration!

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