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  #1  
Old 01-07-2011, 09:05 PM
MistyLynn0222 MistyLynn0222 is offline
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Default Understanding TDCJ -Time Calculation-ETC

Im so confused by what I read and who I talk to at TDCJ.

My husband signed for two yrs for poss controlled subt by fruad (this is the second time he has been charged with this), parole violation and has been in county for 4 months. He signed for two yrs. Now he is being tranf to another county for credit card abuse-state felony-under $500.
It has been over 45 days since he signed for the two yrs.
I called TDC and they stated he wont be out for at least 1 more year. How do they know this when he isnt even in TDC custody yet?
Wouldnt he be up for parole by the time he got to TDC, since its been 4 months?
The first time he was in TDC for this charge, he signed for 4 yrs and only served 18 months.
Once he gets to TDC will any of this time count? What is the max he might serve?
TDC stated he will be off paper July 2013.
What is short wave and what would his mandatory sentence be on this 2 yr?

Thanks for any advice!
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  #2  
Old 01-08-2011, 12:37 AM
JPrasil JPrasil is offline
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The only one who can really verify all this information is TDCJ Classifications. You might want to call and ask them what charges they are showing in their system and the time that was calculated for his Parole Eligibility, Max Date, and Projected Release Date.

They can do this in a number of ways: They can have his paperwork and recalculated his time from his old charge (the charge he was on Parole for) and going by that information. They might have received the Pen Packet from the county and processed it along with the old charge together and wait for him to catch chat. You can never know for sure and it's really better to call instead of guessing. He does not have to be in physical TDCJ custody for them to make time calculations because once TDCJ receives the Pen Packet from the county and processes it then they will calculate his time plus he is ready to catch chain.

Since his new sentence is shorter than his original sentence then he will have the same TDCJ Number and the new sentence will be eaten up by the old sentence since he has has 2 1/2 years left on his old sentence. So the time calculations may be a little but different and unique to this situation. The time he signed for his new charge is when the sentence date began meaning the TDCJ time started--unless he received time served while in county and they will calculate his time served at TDCJ Calculations.

Good luck!
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Old 01-08-2011, 04:16 PM
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How long was he out on parole on the four year sentence? If he completed less than half of it then he will have 2 1/2 years to serve on it and it will control. If he completed more than half then the new sentence will control. Of course, he is looking at up to two years for the state jail felony and whatever he gets for that must be served in full before he van be released on the other two. All time spent in jail for two year sentence will count towards that sentence. Time spent in jail since the blue warrant was issued (assuming he was already in custody) will count towards his four year sentence and time in custody since the hold from the other county will count towards any sentence he gets there.

He already has enough time to be eligible for parole on both the ID sentences (2 and 4 year) but I doubt that they will begin a review before the remaining charge is disposed and he is transferred to TDC. Maximum for all sentences is the full term of the sentence since early release is completely at the discretion of the parole board.

His short way is a slang term for Release to Mandatory Supervision which is a mechanism for early release in addition to parole. He becomes eligible for that when the sum of his flat time and good time equals the length of his sentence. The date this is estimated to happen is his Projected Release Date. Release will normally happen then unless the parole board votes to block it. They will review and vote on that within 30 days of his PRD. His PRD usually will occur at something less than half the sentence. His will depend on which sentence controls. Again, any state jail sentence must be served on full before he can be released on the other two.

Last edited by RobinsMan; 01-08-2011 at 04:20 PM..
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  #4  
Old 01-08-2011, 10:17 PM
MistyLynn0222 MistyLynn0222 is offline
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Thanks so much. Here are details.

Recieved 4 yrs a few years ago and served 18 months. He was out on parole for 17 months before he got arrested this time. Signed for 2 yrs on this felony. State Jail -still not sure how much for that charge yet, but he will be tranf next week and court end of this month. Then TDC will pick him up.
He will be off paper July 2013. Prj release date as of now is Jan.9,2012. But again, I dont know if TDC has received any info on his back time. Because he will rec his back time.
I thought since he signed 4 yrs before and only served 18 months, that we might get lucky and have him serve maybe only 12 months (including his back time).
Plus once he is in TDC he will be able to have good time and work time, etc. So I am thinking his PRD will change. I can not pull up his info because he will have a new tdc number. Thats what TDC told me.
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Old 01-08-2011, 11:18 PM
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He completed more than half of his parole period so he will keep his street time on that sentence and it should be discharged on his original Max date. The two year sentence should control between those two but a PRD in Jan of 2012 seems a bit far to me. It should be around 11 months after his arrest. If he can keep the state jail sentence at a year or less then your hope of 12 months might work out.

Last edited by RobinsMan; 01-08-2011 at 11:21 PM..
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  #6  
Old 01-08-2011, 11:26 PM
MistyLynn0222 MistyLynn0222 is offline
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That was what he was thinking. I sure do hope so. 4 months down so far.........
THanks so much! (HUG)
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Old 01-09-2011, 12:32 AM
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(blush)
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Old 01-09-2011, 09:32 AM
MistyLynn0222 MistyLynn0222 is offline
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How do you know so much?
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Old 01-09-2011, 06:18 PM
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Lots of study and four years regular on PTO but I only know what I know and there is much that I don't.
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Old 01-09-2011, 10:54 PM
MistyLynn0222 MistyLynn0222 is offline
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it is very confusing at times!
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Old 01-10-2011, 10:27 AM
MistyLynn0222 MistyLynn0222 is offline
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Hey-me again,

Spoke to TDC Classification. They stated he doesnt have new tdc number yet, but that parole review was in Dec. TDC stated they may take his street time away since he picked up another charge. Parole can make him serve out his full sentence until 2013. But what about mandatory release/short way? I feel like someone just stepped on my chest.
I keep hearing diff. things and dont know what to believe. It still shows his PRD at 1/2012.
But he only signed for 2 yrs this time.
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Old 01-10-2011, 10:55 AM
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Well, you can't talk with two people at TDC and get the same information from them. I have talked with a good number of TDC enployees over the years. Some of them were utterly clueless and gave me wrong information. I don't think that whether or not he keeps his street time is an option for the parole board. By statute, if he is eligible for Release to Mandatory Supervision and completed more than half of his parole period before the revocation then he keeps is street time. His Maximum Sentence Date for the four year sentence should not change. The parole board can always make someone serve out their full sentence - there is no news in that - and that includes Release to Mandatory Supervision. When he becomes eligible for RMS the board will have the ability to block that release should they choose to do so.
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