View Full Version : Parole discharge date


MYHBS4U
01-07-2007, 12:44 AM
Hi,

Question, my husband was told (by someone) that he had to be released on "a certain day" because that is his Parole discharge date. And they could not keep him past that date. I believe he is wrong because you would think if thats the case why at the parole hearing would they have sentenced him to time past that point ! Right? Does that even make any sense? Anyway what is the "rule" regarding that? Anyone know?


thankx

JLS
01-07-2007, 04:13 AM
It is true that an inmate may not be incarcerated beyond his parole discharge date. Once he reaches his parole discharge date, he is no longer on parole.

MYHBS4U
01-07-2007, 11:05 AM
WOW your kidding THANK YOU THANK YOU THANK YOU 1 million times JLS. I'm alittle confused (whats new lol) if that is true why did they give him a 10 mo sentence for a parole violation knowing darn well he wouldnt serve it? Another one of their "psychological BS" they put them through? I assume that means even if it is a parole violation hes in Chino for? Could there be any exceptions to this? Please advise & AGAIN THANK YOU SO MUCH !!!

Have a GREAt day !!!

JLS
01-07-2007, 11:36 AM
The parole hearing officer will give the revocation period based on how much time the charges support. It does not matter that the inmate can not serve the time allotted. I had several inmates be given parole revocations that extended beyond their parole discharge date. The inmate was always released on his parole discharge date.

MYHBS4U
01-12-2007, 06:26 PM
Hi All,

FYI, incase ANYONE ever finds themself in this same situation as we did : Thinking (and being told by just about everyone) IT is NOT true that an inmate cannot be held past their discharge date !!!! THEY CAN be held, I (unfortunately)learned that the hard way, I heard from my husband today (1-12-2007) & he FINALLY saw his counselor he was given a release date of 4-19-07 & NOW a parole discharge date of 1-29-08. When his parole discharge date was 2-10-07 we thought he wpould be home then... NOT !!!
Like I said just FYI for everyone. Wow what a let down ,so now were dealing with that he is soooooo upset & angry, I feel sooooo bad for him & us....:(:(

cadustin
01-12-2007, 08:28 PM
When was he released from prison? Was he given a 3 year parole?

Hi All,

FYI, incase ANYONE ever finds themself in this same situation as we did : Thinking (and being told by just about everyone) IT is NOT true that an inmate cannot be held past their discharge date !!!! THEY CAN be held, I (unfortunately)learned that the hard way, I heard from my husband today (1-12-2007) & he FINALLY saw his counselor he was given a release date of 4-19-07 & NOW a parole discharge date of 1-29-08. When his parole discharge date was 2-10-07 we thought he wpould be home then... NOT !!!
Like I said just FYI for everyone. Wow what a let down ,so now were dealing with that he is soooooo upset & angry, I feel sooooo bad for him & us....:(:(

cadustin
01-12-2007, 08:58 PM
Myhbs4u... Here is some good reading:

penal code 3000:

(5) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), or (3), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), and (3) shall be computed from the date of initial parole or from the date of extension of parole pursuant to paragraph (3) and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, in no case, except as provided in Section 3064, may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the date of his or her initial parole, and, except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the date of his or her initial parole or from the date of extension of parole pursuant to paragraph (3).

Here is the info on parole that you might want to look at also.

MYHBS4U
01-12-2007, 10:45 PM
Yes Cadustin,
I do believe he was given a 3 yr parole Thankx for the read. looked at really quick & sounds more complicated than i thought so going to print so i can really read over & see what is going on or whatever. Thankx again Hey maybe hes having the wrong things done to him.... Yeah right what are those chances?

cadustin
01-13-2007, 03:14 PM
His MAXIMUM release date is 4 years though, so if he violated before the 3 years, that time is added to the 3 years but not to exceed the 4 years. Does that make sense? So, his 3 year date might have been 2/10/07, but since he violated, they can keep him on parole up to one extra year. So, he cannot be on parole after 2/10/08 no matter what, unless it is a new charge and not a violation.

Yes Cadustin,
I do believe he was given a 3 yr parole Thankx for the read. looked at really quick & sounds more complicated than i thought so going to print so i can really read over & see what is going on or whatever. Thankx again Hey maybe hes having the wrong things done to him.... Yeah right what are those chances?