View Full Version : Calculating CDC Prison Release Dates


mom@4
10-13-2003, 12:47 PM
Hello

Can anyone enlighten me on how the time served is calculated. In particular:

When someone is eligible for 50% does the time served prior to sentencing come off the actual sentence or from the 50% term. For example if someone has 6 years and is eligible for 50% does 8 months served prior to sentencing come off the 6 years or off the 50% (3 years) ?
ie: 72*.5-8=28months or
72-8*.5=32months or ??????something else

Does the 50% eligibility kick in immediately or only after the person has been assigned to a facility and job?

After sentencing and while still awaiting to go to reception and while in reception are there any special credits for time served.

Is there anywhere that the formulas are posted?

With respect to eligibility for parole are there any guidelines in terms of when an inmate can apply. Where can these guidelines be found

Many Thanks

Cobra
10-13-2003, 01:19 PM
Hello Mom@4!

Oh boy . . . I'll take a shot at this. I used to be very good at time calculations but things really have gotten complex. CDC has specialized people "Case Records Analysts" who do nothing but figure these things out as there are so many variables.

However, in general here is how it works:

Let's take your scenario of a six year term. Say he has eight months in country prior to coming to CDC. Those are considered "SAGE" credits and must be reflected on the Abstract of Judgement (AOJ) that comes from the sentencing court to CDC. Those credits are reflected on the bottom of that AOJ form.

It is critical that at the time of sentencing, a smart defense attorney or the inmate him/her self gets the court to reflect in open court and on the Sentencing Minutes the total amount of time that is to be credited to the inmate! I cannot stress how important that is.

As a long time counselor I would on occassion contact the court clerk who certifies those forms, as to the court's intention for pre-sentence SAGE credits. Very, very few counselors today are going to jump through those hoops to do that. Trust me.

So, if he has eight months of pre-sentence (County Jail SAGE credits) then those credits are immediately taken off the top of the sentence as soon as he hits CDC. In other words, he no longer has a six year sentence but a five year - four month sentence.

Now, while he/she is in reception center processing they are not receiving 1/2 time but 1/3 time. Now it gets complex, because CDC is about to initiate a program through the Education department I believe to begin the 1/2 time credit earning status for inmates eligible to receive those credits.

Traditionally, the 1/2 time credit status didn't begin until they were processed to a mainline facility "AND" began either a qualifying work or education program. That may well be changing as you can see.

Following reception the inmate receives his "tentative" release date which is based on the reduction of his pre-sentence credits as discussed above. This release date is really a "projected" date because other variables can come into play that will effect that release date.

Those variables include whether or not he/she looses time due to negative behavior that results in credit loss or because of "running time" which is otherwise known as dead time if he/she was a prior parole violator who absconded for a period of time. That "running time" would be added to the time to be served if indeed that individual owed the parole division time.

Another variable is whether or not the individual indeed participates on a daily basis with education or work. Failure to do so can result in the loss of credit that will also effect that release date.

I could go on with a half dozen other variables but as you can see this is already a confusing issue! Just ten days prior to the inmates projected release date another Correctional Case Records Analyst will do what is called a 10 day pre-parole audit to determine if credits are to be adjusted up or down or remain the same. The person doing this final audit must be a different Analyst than the one who conducted the initial audit. This is done as a double check system.

Well, there you have it (or just a very small part of "it"). Date calculations are indeed complex and a projected release date is often a very fluid thing based on all sorts of factors as you can see. Hope this helps some . . . I know I sure as hell confused a lot of folks!

mom@4
10-13-2003, 01:48 PM
Thank you for your quick response. As you have pointed out it release dates appear quite fluid and not an easy or clear calculation for the uninitiated. Of course the objective will be to get the earliest release date possible. Are there any guides or tips with respect to eligibility for parole or parole application dates? For example is there a set minimum time that must be served prior to applying for parole?

Cobra
10-13-2003, 02:10 PM
Hi again Mom@4!

Gez . . . I sure wish there was some kind of easy guide or template to use for this stuff! Would have made my job a hell of a lot easier! There is no such animal as I know it.

I did notice that you made reference more than once to the phrase "apply for parole". Let me clear up a few issues on that. Only those with indeterminate lifer dates have anything similar to this. Example, "15 -to- Life" for a sentence. This individual would have to serve 15 years minimum before he/she is eligible for parole consideration by the Board of Parole.

At that 15 year threshold they could begin participating in presenting their case for parole to the board. At that 15 year mark, the board will automtically review parole suitability whether or not the inmate participates in that process. Those reviews can take place annually or with intervals of up to five years now I believe. The reviews before the board are therefore not an annual event for all.

Lifer's will definitely tell you that the political climate in California has precluded nearly all of them from gaining a release date from the Board that is honored. Politics runs deep in this issue . . . trust me. I've seen numerous inmates jump through every hoop available and play the Simon Says game with perfection, only to still be denied a release date.

I think this is wrong and if someone really presses me for a more complete answer as to why I would be more than happy to do so. However for the sake of brevity I will refrain from doing so here.

Now back to a more traditional parole date . . . an inmate with a six year sentence will definitely be paroled once their date is reached . . . whether they want to go or not! There is no "applying" involved.

Years ago, I actually had a case of a very old timer who had indeed be "institutionalized". I apporached his cell and told him today was a happy day as he was going home! I was shocked at that old mans reaction. The tears began to flow. I asked him what was wrong. He responded by asking me what he had done wrong! He wanted to know why I was evictting him from the only home he could remember having!

I'll never forget that old guy. He cried all the way to the gate and looked totally helpless when we simply left him at the front gate. Never saw him again either. There are some things in this business you just never forget . . .

mom@4
10-13-2003, 02:24 PM
As you can tell I am very new to all of this so I am probably using all the wrong terminology and obvioulsy do not understand the system, perhaps I should be questioning about early release. A person told me that their relative was serving a five year term and was eligible for 50%. He however was released after 18months and they stated he was now on parole. What if any early release programs are there and how do they work?

Again thank you for your help.

Cobra
10-13-2003, 05:29 PM
Hi again Mom@4!

Don't be embarassed over not understanding any of this. Very few do and that includes a lot of folks in the business!

Ok . . . it seems you are actually asking about "release" dates. First let me say this, in California every single inmate commited for a felony offense will be on a three year parole period. Now before anyone posts back that they know of an exception . . . I know of more exceptions than you! LOL

However, for the sake of keeping this simple for this question asker and whole lot more folks who are equally interested and equally confused . . . let's just go with the traditional three year parole period.

Let's say an inmate gets a five year sentence. Once CDC receives him they will automatically substract the County Jail Credits (SAGE CREDITS) that come with him on a document called an "Abstract of Judgement" (AOJ). So say he had six months of those pre-sentence county jail credits. That means he really only has a term of four years and six months as far as CDC is concerned.

Now, and here's where this turns into a nightmare, there are now mulitple credit earning status levels depending on the nature of the offense and prior "strikable" offenses. California has a three strikers your out system (don't get me started on this and my prediction is you'll see this disappear soon - lets hope).

Dependent on these case factors as I described above, he could be in several credit earning status categories. Some will recieve the traditional 1/3 time off status (meaning he/she gets one day off for every two days with CDC), some will receive the more lucrative 1/2 time off status (which means he/she gets one day off for every day in CDC) and recently a few other lesser credit earning status' were imposed.

A Case Records Anaylst is charged with the responsibility of calculating an "earliest possible" release date based on all this and a number of other minor case factors. So instead of doing four years and six months, he/she will now only do lets say two years or three years.

The inmate is given this date by his/her counselor during reception. An inmate with a large amount of county jail credit time can easily become what we call in the industry "a turn around". In other words, he/she is really only coming to CDC to get formally processed and will almost immediately be processed at the same time for parole! This is done basically just to establish all the paperowrk that is needed.

Back to the more common situation . . . once the inmate gets his/her date, that still is not a date etched in stone! If the inmate is eligible for let's say 1/2 time credit earning but doesn't participate in either the mandatory educational or work related program that goes with it . . . then he/she will not be given 1/2 time credit!

Also, if the inmate incurs negative in-prison behavior that results in a diciplinary report (CDC 115), additional credit time can be taken from them!

I could go on with more examples of why a date could change in either direction, but I think the reader gets the point. This is a "VERY" fluid situation and if your confused as hell right about now . . . you have a lot of company!

Just ten days prior to release a Pre-Release Audit will be coducted by a different Case Records Anaylst (safety measure) to determine any last minute adjustment of that release date.

The inmate is then released on whatever date it is and will then be on parole for a three year period. Now of course that parole date can be extended for absconding from parole and thus on and on it goes!

The inmate can also have his/her parole period "banked" after 13 months of successful parole compliance. He/she is still under parole scrutiny for the full three years but the case has been "banked" meaning he/she no longer may have to report as before. This is a privledge and doesn't always occur!

Whew . . .I'm exhausted! I'll end it here!

mom@4
10-13-2003, 05:53 PM
Again, thank you for taking the time to reply yet once again. I find the information you provide very informative and helpful.

Barbara
10-13-2003, 06:32 PM
I have a bit of a question that come came up. What if you are maxed out? Do you still have 3 years of parolo?What does that really mean? Sorry for butting in here :) Love Barb

Cobra
10-13-2003, 08:36 PM
No you're not butting in BSS! But you sure are making me work LOL . . . I love it.

Ok, she has raized an advanced question but she is an advanced old timer! As I said there are exceptions and this is one of them. It is rare but it does happen. What we are talking about is an inmate who does not parole on his "Earliest Possible Release Date" (EPRD), but goes all the way to his "Controlling Discharge Date" (CDD). This is his MAX date and he cannot go beyond that date (normally - see below).

Those inmates will "NOT" have a parole period and will walk out free and clear of any "parole tail". This doesn't happen very often but it does. An example might be if an inmate cannot parole at his "Earliest Possible Release Date" (EPRD) because of an accumulation of disciplinary reports (CDC 115's) which keep him up to the CDD date.

An inmate cannot remain in CDC beyond the CDD date no matter how many CDC 115s may be pending. The only exception to this would be if he committed a crime within the prison just prior to his CDD date and the local DA notified CDC that prosecution would be pending. Then CDC would retain him/her.

So there we have it.

Now you "old timers" quit making me work so hard!

Tracie
10-15-2003, 11:31 AM
Cobra, sorry but I have more work for you. I understand all the calculation stuff just cant figure it out. SOOOOOO, if you would please give it a shot in figuring out my husband Robbie's time.

He was arrested September 16, shipped to wasco the 7th. of October with 3 years eligible. Lets just say he gets classified and endorsed within the average time frame (if therew really is an average?lol) he is also hoping for fire camp.

THANK YOU!!!!!!!!!

Kamero
10-15-2003, 11:36 AM
I am trying to find some news on the P.V.S.P. Riot that happen last Sunday. Can you please give me any details on exactly what happen and where it happen in the prision.

Thank You

yattaboo
10-15-2003, 11:39 AM
OK I think that you answered my question but here it is in English. Ok what you said is if someone did not get out at the earlist release date and continue to serve then they wont have to parole? Does this also apply if the inmate is paroling to another state? And do the inmate still have to go before the parole board?

Kathy
10-15-2003, 11:47 AM
http://www.prisontalk.com/forums/showthread.php?s=&postid=281314#post281314

Wrong Thread to Post to Kamero, but here is the correct one!

Love
Kathy

Cobra
10-15-2003, 11:49 AM
Tracie Tracie Tracie!

Why you making me work! You been talking to BSS? Hmmm?

Honestly speaking I hate doing time calculations anymore because things have gotten so complex from the early days when just about any of us counselors could pretty much figure out to the month a release date. Now you need a degree in accounting to decipher all this stuff.

But I'm going to try and guestimate this as best I can. There are a number of things I don't know here such as if there is any "running time" to be deducted (absconding time). I also have no idea when he will begin actually receiving 1/2 time since he is presently in reception under 1/3 time. I also don't know if he's going to get up and work or go to school every single day! (I probably wouldn't . . . lol).

Soooooo . . . let's say he stays in reception for the month of October under 1/3 time and for the rest of his time beginning in November he actually does receive full 1/2 time credit since you say he is "eligible".

I would roughly guestimate a potiental release date to be somewhere around June of 2005.

HOWEVER: If he can indeed make it to fire camp and be eligible for the new "2 for 1" credit earning status then there appears to be a potential release date of somewhere around the end of December of 2004! Could even be Christmas!

PS: Hey "oneway" (another group member) . . . what do you think?

Now Tracie . . . stop making me work so hard! Just kidding!

Cobra
10-15-2003, 12:07 PM
In response to Yattaboo's question:

An inmate going beyond the EPRD (earliest possible release date) on up to the CDD (controlling release date or max date) will definitely leave CDC all together with no Parole or Board intervention whatsoever! He/she would be free and clear to go to any other state without any parole intervention there also. Remember now though, they would have to go all the way up to the CDD date for no parole intervention.

The only exeption would be if he/she owed time or parole in another state. Then whatever would be owed to that state would be between that state and the inmate. Calif. would still have no jurisdiction in that affair.

yattaboo
10-15-2003, 12:12 PM
Thank you Cobra it help a lot :)

Tracie
10-15-2003, 02:38 PM
Thank you Cobra. I promise no more time questions! LOL
I appreciate your help. At least now I have some sort of idea of when to expect him home.

oneway
10-17-2003, 10:21 PM
ok Cobra, since I was always better at figuring out time cals they you ever were, I take up the "challange".

I'll lay it out so you can see how complex it really is. A lot will have to be assumed, but lets see how it all plays out.

Arrested 9/16 and sent to CDC on 10/7. So he was in county 21 days. 1/2 of that is 10. So he "walked" in the door with 31 days served. round it off to one month. Term 36 months, minus the one month at county leaves 35 month left to serve. Take off 1/3 of that or 11months 20 days. term left to serve is 24 months 10 day. Say he is at the R/c 3 months then it take 2 months to get a job. So he is working or going to school of 19 months. take off 5 days per month for every day he is working (difference between 1/2 time and 1/3 time) he get off 95 days or 3 months (rounding off) so 24 months 10 day minus 3 months. his term would then be 21 months 10 days. Add that to his term start date of 10/7/03 and his out date would be 7/7/05. Oh look that is about what Cobra in his feeble little mind and using all his fingers and toes figured out.

As you can see its a complicated formula and I used a lot of "ifs" so I can't garentee that this a correct out date. For camp, do the same thing but use 10 days off for every day he is in camp and you will have the out date. I get an out date of approx 4/17/05.

These are guess-taments only and should NOT be used to plan any homecoming. Dates change like you would not believe and I hate doing these calcs, but I couldn't left Cobra think that I didn't have it in me to do em.

oneway
10-17-2003, 10:29 PM
ok someone asked why 5 days off a month is the diffence betwen 1/2 time and 1/3 time.
at 1/3 time you do 20 days and get 10 days (1/3) credit
at 1/2 time you do 15 days and get 15 days (1/2) credit

so the difference between 1/3 time and 1/2 time credits is 5 days per month, which is the difference between the 10 days of credits vs the 15 days of credits. So for every month that the inmate is working or going to skewl they get an additional 5 days off thier 1/3 out date.

mom@4
10-17-2003, 11:47 PM
Hello
Point of clarification: When a person is told they are eligible to serve only 50% of the term the clock on this 50% does not start until they are actually in a work or education program? So when the lawyer tells the client you have three years but will not serve more than 18 months this is not correct?

oneway
10-18-2003, 01:02 AM
Lawyers, you just can't believe em. First off there are several different credit earing status groups. If the person is eligible for 1/2 time, they will get 1/3 off thier sentece automatically. Once they are in a voc, educational training program or have a job, they will then get 1/2 time, if they go to firecamp, they will bet two days off for every day they serve. You should know that the credit earing status is set by the penal code, and not what the Lawyer or even the Judge says.

mom@4
10-18-2003, 07:26 AM
One way

Oh the things you should know before you enter a plea!

Thank you for your insight. One final question, (I'm sure you are getting fed up of this) You say that the person will get 1/3 off their sentence automatically. In calculating release dates and the time already served in county do you take the time served in County off the the actual term and then calcualte the 1/3 or do you calculate 1/3 off first and then take away the time served in county?

I understand why CDC does not publish an easy to calculate formula since as you pointed out there are so many variables but a guide to credit earning would be so helpful. Thanks for filling that gap!

oneway
10-18-2003, 09:40 AM
you take off the county time served first then start your calcs. What I did to calc the out date will sort of change real soon. There is a "new" program that will start in the reception centers in the next few months. It will have all inmates start an educational program with a fwe week of arriving at the reception center. This has a overwhelming inpact on the inmate's term. And here is what is going to happen.

Since the inmate is doing a self study education program, if they are eligible for 1/2 time they start earning it. Soooo since they are earing 1/2 they remain at 1/2 for thier entire term if they don't refuse to work. It a technicality I don't think CDC took into consideration. Once an inmate earns 1/2 they remain in this credit earning status even if they are transfered, as long as the transfer in non-adverse. (like from an R/C to a G/P). So in essence, the inmate will do a term more closely at 1/2 thier sentence then they do now, since 1/2 time starts within 2 weeks of commitment and not when an inmate jets a job.

Amber
10-19-2003, 04:12 AM
Cobra please help.

Went to County 5/23 given rls date 8/22 court brought up more charges, given 16 months. Went to Wasco RC 7/24, (still there) How long will he be gone? A rough estimte would be helpful. Thanks

Amber
10-19-2003, 08:14 AM
Originally posted by Amber
Cobra please help.

Went to County 5/23 given rls date 8/22 court brought up more charges, given 16 months. Went to Wasco RC 7/24, (still there) How long will he be gone? A rough estimte would be helpful. Thanks

oneway
10-19-2003, 10:12 PM
need more info please. Went to court and given a release date of 8/22. What is this all about. Was it a parole violation, or was it a 3 month misd charge. Also when did he go to court and get new charges. Did the court give him credit for the time he was in county for the original arrest/charge or was that for the original charge only.
Count on Wasco reception center processing taking approx 70 days. Give as much info as prossible and I'll take a stab at an out date. Don't tell me what the charges were for, that is not important unless of course he is convited of a violent felony and has to do 85%of his term. Let me know if this is a second strike, but it probably isn't since he is doing 16 months. I just need better time frames to do an accurate calc.

from what you said above..

My guess is that his out date at 1/3 time would be 7 month and 20 days or ......3/14/04

you figure he does 10/20 (10 months 20 days at 1/3 time) on 16. He did 2 months county gets 1/2 of that in sage credits so total count is 3 months. so 10/20 minus 3 is 7/20 added to 7/24 (term start date) would be 14/44/03 or 15/14/03 (the 44 days is actually 1 month 14 days) or 3/14/04 (again the 15 moths is really 1 year 3 months).

Of course once he gets 1/2 time subtract 5 days per month off his time for every month that he received 1/2 time.

madde
02-01-2004, 01:03 PM
Hi, my name is Madde and I am a new member. I need help understanding multiple release dates that have been given to my husband who is at PVSP in CA. I hope that you can help us both understand this. I am going to try to give you all of the information that I have and then ask you questions. Thanks so much for any time and for your time.

Legal Status Summary: 10/06/03

Total Term: 8 years with half.
Pre-prison and post-sentence credit: 823 days
?? IWTIP Waiver: 10/19/01 Begin. Bal.: 473; Credit Applied: 563; Total loss: 120

madde
02-01-2004, 01:19 PM
Hi again Mom@4!

Don't be embarassed over not understanding any of this. Very few do and that includes a lot of folks in the business!

Ok . . . it seems you are actually asking about "release" dates. First let me say this, in California every single inmate commited for a felony offense will be on a three year parole period. Now before anyone posts back that they know of an exception . . . I know of more exceptions than you! LOL

However, for the sake of keeping this simple for this question asker and whole lot more folks who are equally interested and equally confused . . . let's just go with the traditional three year parole period.

Let's say an inmate gets a five year sentence. Once CDC receives him they will automatically substract the County Jail Credits (SAGE CREDITS) that come with him on a document called an "Abstract of Judgement" (AOJ). So say he had six months of those pre-sentence county jail credits. That means he really only has a term of four years and six months as far as CDC is concerned.

Now, and here's where this turns into a nightmare, there are now mulitple credit earning status levels depending on the nature of the offense and prior "strikable" offenses. California has a three strikers your out system (don't get me started on this and my prediction is you'll see this disappear soon - lets hope).

Dependent on these case factors as I described above, he could be in several credit earning status categories. Some will recieve the traditional 1/3 time off status (meaning he/she gets one day off for every two days with CDC), some will receive the more lucrative 1/2 time off status (which means he/she gets one day off for every day in CDC) and recently a few other lesser credit earning status' were imposed.

A Case Records Anaylst is charged with the responsibility of calculating an "earliest possible" release date based on all this and a number of other minor case factors. So instead of doing four years and six months, he/she will now only do lets say two years or three years.

The inmate is given this date by his/her counselor during reception. An inmate with a large amount of county jail credit time can easily become what we call in the industry "a turn around". In other words, he/she is really only coming to CDC to get formally processed and will almost immediately be processed at the same time for parole! This is done basically just to establish all the paperowrk that is needed.

Back to the more common situation . . . once the inmate gets his/her date, that still is not a date etched in stone! If the inmate is eligible for let's say 1/2 time credit earning but doesn't participate in either the mandatory educational or work related program that goes with it . . . then he/she will not be given 1/2 time credit!

Also, if the inmate incurs negative in-prison behavior that results in a diciplinary report (CDC 115), additional credit time can be taken from them!

I could go on with more examples of why a date could change in either direction, but I think the reader gets the point. This is a "VERY" fluid situation and if your confused as hell right about now . . . you have a lot of company!

Just ten days prior to release a Pre-Release Audit will be coducted by a different Case Records Anaylst (safety measure) to determine any last minute adjustment of that release date.

The inmate is then released on whatever date it is and will then be on parole for a three year period. Now of course that parole date can be extended for absconding from parole and thus on and on it goes!

The inmate can also have his/her parole period "banked" after 13 months of successful parole compliance. He/she is still under parole scrutiny for the full three years but the case has been "banked" meaning he/she no longer may have to report as before. This is a privledge and doesn't always occur!

Whew . . .I'm exhausted! I'll end it here!
Wow, I think I have sent part of this message 3 times. Sorry, I keep hitting the "enter" key. I am a new member and I need help with multiple EPRD that my husband has been given. Here's the info:

Legal Status Summary: 10/6/03

Term date: 10/19/01
Total term: 8 years at 50%
Pre-prison and post sentence credit: 823 days total
IWTIP Waiver: begin bal. 473; credit applied 563; total loss, 120, restored 0, total 120

He has one 115 that will be complete in March, 04 and he can have 90 days forfeited restored. EPRD: 12/30/04

Here are my questions:
On 8/20/03 - Annual Review - His copy states that he has one 115 given on 9/5/03 and will have 90 days restored if discipline free for 6 months. The report gives
his EPRD as 3/8/04 and ReClass 4/04 This review was signed by the chairperson, member,and the recorder, CCI.

Needless to say this EPRD was a shock to receive when we are thinking his release date to be 12/30/04. He filed a 602 and was answered by a case record analyst. He was told that the 3/8/04 date is incorrect and that his EPRD is 12/30/04. And that he can request his 90 days back in March after completeing 6 months disciplinary free.

How can such a huge mistake on EPRD be made?
Will the 12-30-04 release date change once he earns back his 90 days?

Well, that's it and certainly enough. I hope that your reply will help others in addition to me.Thank you so much. Madde

Kittie
02-01-2004, 02:28 PM
Depending on the Credit Code one third autimatially comes off of a release date. If an inmate is Max according accoring to his Controlling Discharge Date he is no longer on parole and does not report and even receives a card from paroles saying that he is discharged.

He can also for his credits to restore during a classification hearing. Thers is a certain amount of days he needs to remain disciplinary free. If his credits are restored this will take his release date back to either where it should of been or they will apply a certain amount of days. Let's keep it simple for everyone to understand, okay?

Cobra, are you back or am I just reading old posts?

Wow, I think I have sent part of this message 3 times. Sorry, I keep hitting the "enter" key. I am a new member and I need help with multiple EPRD that my husband has been given. Here's the info:

Legal Status Summary: 10/6/03

Term date: 10/19/01
Total term: 8 years at 50%
Pre-prison and post sentence credit: 823 days total
IWTIP Waiver: begin bal. 473; credit applied 563; total loss, 120, restored 0, total 120

He has one 115 that will be complete in March, 04 and he can have 90 days forfeited restored. EPRD: 12/30/04

Here are my questions:
On 8/20/03 - Annual Review - His copy states that he has one 115 given on 9/5/03 and will have 90 days restored if discipline free for 6 months. The report gives
his EPRD as 3/8/04 and ReClass 4/04 This review was signed by the chairperson, member,and the recorder, CCI.

Needless to say this EPRD was a shock to receive when we are thinking his release date to be 12/30/04. He filed a 602 and was answered by a case record analyst. He was told that the 3/8/04 date is incorrect and that his EPRD is 12/30/04. And that he can request his 90 days back in March after completeing 6 months disciplinary free.

How can such a huge mistake on EPRD be made?
Will the 12-30-04 release date change once he earns back his 90 days?

Well, that's it and certainly enough. I hope that your reply will help others in addition to me.Thank you so much. Madde

Meisha
02-11-2005, 08:22 AM
I'm also confused about my honeys date I looked on the net and now it says earlist release date is 3/28/05 before it said 4-05 so what do you think? I need help he didn't say anything to me as far as he know he is being realsed in April

Bec Marie
02-12-2005, 10:24 AM
Meisha ~ You have posted your question in a California forum. You may want to ask your question in a New York forum I'm sure you will get your answeres there!

charlesgirl
12-23-2005, 12:44 PM
if someone was sentenced under the three strikes law and has to do 80%, does that also include the time he was in reception?

Heidi M
01-05-2006, 10:00 PM
Hi All I Know I Have Asked This Question Before But Believe It Or Not I Am Still Confused, So Here It Goes, He Was Sentenced To 5 Years , 60 Months, Probation Violation, And New Charge, Then In Court The Judge Subtracted His Credit Which Was 665 Days, Then He Took 50% Off That Total And He Was Then Told He Would Serve 16 Months. He Has Been In Reception For 6 Months This Month In Delano, Has Finished His Bridging Program And His Working As A Porter, He Was Endorsed To Corocran Satf On 10/27, And Was Classified As A Level 1. According To The Records Dept, They Say He Might Be Released From There, And Earlier, He Said He Has Seen This Happen Alot, Especially When Someone Has Been In Reception So Long. So I Am Totally Confused. If He Is Not Released Early Then Can Someone Give Me An Estimated Release Date. Thank You Thank You Thank You

Gryphon
01-10-2006, 09:49 AM
if someone was sentenced under the three strikes law and has to do 80%, does that also include the time he was in reception?
If the inmate gets "The Bridge Program" at reception, then they can recieve work time credits there. The inmate would then get 20% added.

Gryphon
01-10-2006, 10:07 AM
Hi All I Know I Have Asked This Question Before But Believe It Or Not I Am Still Confused, So Here It Goes, He Was Sentenced To 5 Years , 60 Months, Probation Violation, And New Charge, Then In Court The Judge Subtracted His Credit Which Was 665 Days, Then He Took 50% Off That Total And He Was Then Told He Would Serve 16 Months. He Has Been In Reception For 6 Months This Month In Delano, Has Finished His Bridging Program And His Working As A Porter, He Was Endorsed To Corocran Satf On 10/27, And Was Classified As A Level 1. According To The Records Dept, They Say He Might Be Released From There, And Earlier, He Said He Has Seen This Happen Alot, Especially When Someone Has Been In Reception So Long. So I Am Totally Confused. If He Is Not Released Early Then Can Someone Give Me An Estimated Release Date. Thank You Thank You Thank You
I can't say with precision because you don't tell me the date he was sentenced, and then I need the date he entered teh Bridge program. (The time from sentencing until Bridge program is day for day.)
From the dates you gave, I used 5/1/05 as the date he began to recieve 1/2 time credits; and I didn't use a day for day time period awaiting transport to CDC and entery into Bridge.
I get a release date of 5/9/06; but that's just an estimate for the above reasons. It could be up to 30 days longer than that.

BTW, that inmate set some sort of record by staying at reception for so long. Did they use him to do some sort of administration or computer work?

Heidi M
01-10-2006, 09:33 PM
thank you for helping me with the information. To give you a better idea, for a time calculation, he was sentenced on june 30, 2005, transported to NKSP on July 28, 2005. He bad the Bridging program, the first week he was there and finished it 3 months later. He was classified as a level 1 (12 points, in the end of September, endorsed to SATF on October 27, 2005. He has also had 5 different counselors, which I have left so may messages, with no return calls, I have also left messages for the ombudsman at Corcoran and Delano, still nothing. So I am going crazy not knowing the reason why he is still sitting in reception. It is so hard not receiving phone calls. He is going crazy in there, he at least has been voluteering 5 days week as a porter, to occupy his time. I just dont know what more to do. Any help or info would be soooooooooooo appreciated.

again, thank you

Gryphon
01-11-2006, 02:36 PM
Assuming he's getting half time after he finished the Bridge Program (highly likely assumption):
He got 665d. plus 33% for his local presentence credits.
He was getting day for day time post sentencing and pre Bridge Program, 6/30-8/03.
He recieved 50% credits while in the Bridge Program 8/04-11/04.
He gets (probably) 50% credits after the Bridge Program until the present (11/05/05-1/11/06).
I get 1354 actual days, with 1589 conduct credits (using the mixed percentages above).
That makes his out date 07/29/06.

The only possible wrinkle is that I'm not 100% sure he gets 1/2 time after Bridge since he never left reception. There's a possibility he's doing day for day if he hasn't been assigned a job. (In CDC, it's "work time credit"). Again, since he "volunteered" to be a porter, I'm figuring that he has indeed recieved a job assignment. However, if I'm wrong about that and he's serving day for day after he finished Bridge, then his out date would be 09/01/06.
(I don't know for certain because I haven't run accross an inmate staying anywhere near so long at reception. There's a chance that he has somehow been placed in a situation where he's unable to earn 1/2 time.)

Reception centers need inmate workers, just like any prison. Since he's a "short timer", the reception center probably decided to hang on to him.

How do I calculate CA out dates exactly? I use a handy dandy sentence calculator called Crime Time. (www.placergroup.com (http://www.placergroup.com)) It's a great tool. I can figure it all out the long way, but it takes minutes to get an answer using the software. Well worth the cost, in my opinion. They also have a Federal Sentencing product I haven't personally used.

csusarrah
01-25-2006, 11:41 PM
Oh ok... maybe I can get some help here! My husband was arrested on July 27th 2005. He pled to Possesion for sales and was sentanced 2 yrs SP with 73 days credit from county. He received these credits on September 12th, 2005. He was in county until he got transported to NKSP on Novemeber 2nd. He has no strikes and he is going to serve 50%. He was classified as level 1 as well. My husbands laywer originally told me he would be out in September of 2006, but he writes me saying he could be out in march or april. I don't know what to believe and he won't give me the exact release dates he has received, because he is weird and thinks it gives him some sort of bad luck! Please help!

jennysands
01-26-2006, 08:53 PM
I almost feel foolish because my boyfriend does not have a lot of time to serve compared to others, but one minute is too long. He was on parole, left his drug program and absconded for approx 70 days. He was picked up 12/31/05 for a parole violation warrant, and didn't get any new charges. At his hearing at Santa Rita on 1/18/06 he was given 7 months at half-time. By next week, he should be transferred out to CDC. I'm trying to figure out his release date based on all of the info here, but I'm lost. Where would I go to see all the guidelines, especially if they have or are expected to change soon. I assume the guidelines in place on the day of his hearing will be the ones to go by, but I don't even know if that is correct. Any help would be incredibly appreciated.

Gryphon
01-27-2006, 03:32 PM
Oh ok... maybe I can get some help here! My husband was arrested on July 27th 2005. He pled to Possesion for sales and was sentanced 2 yrs SP with 73 days credit from county. He received these credits on September 12th, 2005. He was in county until he got transported to NKSP on Novemeber 2nd. He has no strikes and he is going to serve 50%. He was classified as level 1 as well. My husbands laywer originally told me he would be out in September of 2006, but he writes me saying he could be out in march or april. I don't know what to believe and he won't give me the exact release dates he has received, because he is weird and thinks it gives him some sort of bad luck! Please help!
I can calculate it if it's a CA case. If it's Indiana, there are a number of variables I won't know, and I'd just be guessing. (The % credit for local time in Indiana, when 1/2 time credits kick in, whether the time waiting for transport is day for day, whether there is a receptoion center delay in recieving credits, etc.)

Gryphon
01-27-2006, 03:42 PM
I almost feel foolish because my boyfriend does not have a lot of time to serve compared to others, but one minute is too long. He was on parole, left his drug program and absconded for approx 70 days. He was picked up 12/31/05 for a parole violation warrant, and didn't get any new charges. At his hearing at Santa Rita on 1/18/06 he was given 7 months at half-time. By next week, he should be transferred out to CDC. I'm trying to figure out his release date based on all of the info here, but I'm lost. Where would I go to see all the guidelines, especially if they have or are expected to change soon. I assume the guidelines in place on the day of his hearing will be the ones to go by, but I don't even know if that is correct. Any help would be incredibly appreciated.
I get 19m days day-for day credit 12/31/05-1/18/06. Assuming he gets 1/2 time from Jan. 18 forward, he owes 1/2 of 210 days, minus 19 days, egauls a total of 95 days. 95 days from Jan. 18 is April 23. So, April 23 out date.
HOWEVER, ther could be a delay in getting 1/2 time credits after he had his Morrisey hearing. If so, that could push him back a week or two.

mom@4
01-28-2006, 06:26 PM
This does not answer any of your questions but gives me an opportunity to vent. My son has been given numerous "out" dates and we are still waiting. He has never received a 115 or anything to extend his sentence. He was at the gate when he was told he still had another 6 weeks to go, even though we had gone through a Haywood review that put his date in the middle of January. And why this latest screw up?....because the court made an error in recording his sentence. He went back and had it corrected but it took three months to get it straightened out. According to CDC the time he was waiting to get his sentence corrected, even though he was on A1 status does not qualify him for day to day credits...go figure...typical CDC. So he is paying for a mistake made by a clerk and the asinine policies of CDC.

JenniferDreams
01-29-2006, 04:52 PM
hello p.t.o.peeps i have a release date question as well i hope i am in the right forum ( or whatever :D ) but here goes . my baby daddy :angry: was out on parole almost three months for robbery and obscounded ( spelling sorry ) and then ran from the cops so he was charged with obscounding, resisting arrest and under the influence in county all the while he was already doing time i am assumming for the obscounding( in state). he then served 3 months and 10 days . in state. where he then was notified he was just filed on in the city he was arrested in on f.t.a . the d.o.c. needed to produce prisoner!! anyways he then went to court pled guilty to the under influence, resisting arrest and failure to appear . where he got 180 days w/ 5 days credit. he stayed at county for almost 2 months and just now got taken back to state .. so my question is how much time do u think he has left because all together he has served 6 months , which is what he was given , counting all the time before and after court. so........................
:confused: help if u can whoever,s listening ( reading) :cool: :cool:

Gryphon
01-30-2006, 07:35 PM
hello p.t.o.peeps i have a release date question as well i hope i am in the right forum ( or whatever :D ) but here goes . my baby daddy :angry: was out on parole almost three months for robbery and obscounded ( spelling sorry ) and then ran from the cops so he was charged with obscounding, resisting arrest and under the influence in county all the while he was already doing time i am assumming for the obscounding( in state). he then served 3 months and 10 days . in state. where he then was notified he was just filed on in the city he was arrested in on f.t.a . the d.o.c. needed to produce prisoner!! anyways he then went to court pled guilty to the under influence, resisting arrest and failure to appear . where he got 180 days w/ 5 days credit. he stayed at county for almost 2 months and just now got taken back to state .. so my question is how much time do u think he has left because all together he has served 6 months , which is what he was given , counting all the time before and after court. so........................
:confused: help if u can whoever,s listening ( reading) :cool: :cool:
It sounds to me like the parole violation and the criminal cases didn't run concurrently. That's because the parole "abscond" was in addition to the criminal charges in the criminal complaint.
If teh sentencing court knew he was going to CDC, the local sentence likley ran concurrent (at the same time) as the parole violation; and that's because it sounds like he pled to misdemeanors.
If I'm right, he'll get out when he finishes his parole violation. You didn't say how long the violation is going to be; but I bet it was a sentence of greater than 6 months.

csusarrah
01-31-2006, 12:51 PM
I can calculate it if it's a CA case. If it's Indiana, there are a number of variables I won't know, and I'd just be guessing. (The % credit for local time in Indiana, when 1/2 time credits kick in, whether the time waiting for transport is day for day, whether there is a receptoion center delay in recieving credits, etc.)

Mine is a CA case... my hubby is at Lancaster State Prison, I'm in Indiana

Gryphon
01-31-2006, 06:51 PM
Mine is a CA case... my hubby is at Lancaster State Prison, I'm in Indiana
I get 48 days actual credit from 7/27-9/12/05; at 33%. 51 days awaiting transport from 9/12-11/2/05, at 0%. 90 days from 11/3/05-1/31/06 at 50%; assuming he got into the Bridge Program ASAP at reception. That works out to 189 days actual credit, with 114 days of mixed conduct credits., for a total of 303 credits until today. His sentence was 720 days, so that leaves 417 days to serve. 50% of 417 is 209 days actual time to serve. That put his out date at 8/28/06 at the earliest; and it could well be in September if there was any delay getting him into the Bridge Program at reception.

JenniferDreams
02-01-2006, 12:11 AM
Gryphon, thanku for the info . let me try to explain it better :D he was arrested on 9/17 or 18th of 05 . he was beat up severly ( from what i hear ) by the locale police . within a week he was sent to state i am guessing for the absconding which he told me approx. 6 months would be the time he served. now this was before the court date for the new charges. he was then told he had a f.t.a which he was unable to get to due to the fact he was in custody. so he then was taken to court and charged w/ the resisting arrest under the influence and f.t.a. ( which was 100% not his fault ) anyways was given 6 months to run concurrent w/ any other sentence.so my first question is in the state of calif (of- course :cool: ) how much time does a person usually get for absconding? and then the whole time figuring question i had before ? if not gryphon anyone else that might know ? ( again thanku "G" ) :thumbsup:

Gryphon
02-01-2006, 02:05 PM
Gryphon, thanku for the info . let me try to explain it better :D he was arrested on 9/17 or 18th of 05 . he was beat up severly ( from what i hear ) by the locale police . within a week he was sent to state i am guessing for the absconding which he told me approx. 6 months would be the time he served. now this was before the court date for the new charges. he was then told he had a f.t.a which he was unable to get to due to the fact he was in custody. so he then was taken to court and charged w/ the resisting arrest under the influence and f.t.a. ( which was 100% not his fault ) anyways was given 6 months to run concurrent w/ any other sentence.so my first question is in the state of calif (of- course :cool: ) how much time does a person usually get for absconding? and then the whole time figuring question i had before ? if not gryphon anyone else that might know ? ( again thanku "G" ) :thumbsup:

Sounds like teh 6 months concurrent was for the fresh criminal charges and not the parole violation; making it more likely he pled to misdemeanors and not felonies. It's also probable tha teh court didn't put him on a grant of probation since he was goi g to be supervised by parole.In any event, so long as the parole violation is for a number greater than 6 months he doesn't owe additional local time. (If it somehow turned out that parole, it's likely that if the sentencing Judge were made aware of that, the case could be resentenced to a give him sufficient credits so he didn't hve to return to the county jail. (Local jail overcrowding gives inmates certain advantages.)
Parole violations of any substance (and this sounds like one of those) most often go for 10 months, and up to a year. 1/2 time credits are the norm, but can be denied for inmates who are in on violent crimes or who've been a complete pain in the tail.
The credit for time served on the Parole violation begins not on the date of arrest, but on the date parole put a hold on him. If he had a parole hold for absconding at the time when he was arrested, he recieved parole violation credits from the time of his arrest.
FTA charges are often erroneously filed. The DA often doesn't know that the defendant missed a date because they were in custody. To be a crime, FTA must be "willfull", so being in jail is a complete defense.

csusarrah
02-04-2006, 08:37 PM
Are u sure that that is the earliest he can get out? The reason i ask is because My husband gives me the notion that he believes he is getting out in April or May... hmmmm... I just need help understanding, your calculations seems good to me, except I think they might have given him more credit while he was waiting transportation to reception, due to a techical error on their part.... hmmm, please help!

mom@4
02-05-2006, 12:03 PM
If they made an error it will probably be picked up during the final 10 day review before the gate. It also appears that when there is a resentencing, for whatever reason, they do not have to give day to day credits between the original sentencing and the new sentence date. There seems to be a lot discretion on how they can apply credits. Initially we were told my son would be home before Xmas 2005 however his new release date is March. I think its easier on everyone if you accept the furthest out date and then any earlier release date will be a joy.

sarahlm
05-01-2006, 01:50 PM
I am trying to figure this out: once sentenced, they get day for day in county until sent to State reception? Is that correct? Is there ever an exception to this? I know its jail so its not supposed to be fair but it seems like they are taking their time transporting my husband out! :mad:

Gryphon
05-01-2006, 06:54 PM
I am trying to figure this out: once sentenced, they get day for day in county until sent to State reception? Is that correct? Is there ever an exception to this? I know its jail so its not supposed to be fair but it seems like they are taking their time transporting my husband out! :mad:
Correct, day for day from sentencing until arrival at CDC reception. I've seen no exceptions. It takes a week or 2 to be transported from most counties; I hear LA can be up to 8 weeks.

sarahlm
05-01-2006, 07:57 PM
Thanks. Actually, his bunkmate just called to say they shipped him out today. So I guess thats good but I wont be able to talk to him for a long time in reception!!!!:cry:

gemn526
05-02-2006, 09:58 AM
We are in the same boat... my fiance is at IRC now waiting to go..... It will suck not being able to talk to him

dawgzalley
05-14-2006, 04:37 AM
Please help He was arrested on 9/6/05 he was sentenced on 9/14/05 to one year 4 months at that time he was given 13 days cr (9 actual 4 conduct) ok He didn't get to reception until 10/13/05 He told me thats when his half time starts but he wont tell me the out day cuz he thinks hes cute BUT HES NOT I'm sooo going 2 kick his A** when I see him cuz he 's out like what in min days hrs help help help oh I would so like to just be waiting there at the gate and surprise HIM!!! The look on his face god would be priceless ok so please can any one tell me when he gets out thank you

momfriendwife
05-15-2006, 10:45 AM
Hi, according to the dates you provided and the days calculated, if I were you i would call the inmate locator 916-445-6713. Because if I did it right he should be out already. Somewhere between the 5th and the 12th of this month. Unless they messed up on his time somewhere between county and reception. If he is high control with enhanced parole conditions he is not allowed out on a Saturday. Either way he is hours/minutes away from your arms...Good luck and keep us posted.

lovelysmiles
05-15-2006, 12:48 PM
Hey there sorry 2 intrude!But i got a few questions?My boyfriend just got shipped off 2 n.kern reception.And honestly his family and myself really dont even know how long he really got!When he got sentenced he got 88 months...but he got credit...and time serve..and ...50%..time..of his sentenced...by the time the judge sentence him he said he was only going to serve a totall of 22months!!!!!!!!but his lawyer told us dont worry about it hell be out way before that in about 16 months so honestly we dont even now his serving time status.....can u help?:confused:

Gryphon
05-15-2006, 01:37 PM
I get 471 days total credit as of today. (9 days plus 33%; 28 days plus 0%, 215 days plus 50%). He's a short timer, but may have a couple of weeks left to serve.
Please help He was arrested on 9/6/05 he was sentenced on 9/14/05 to one year 4 months at that time he was given 13 days cr (9 actual 4 conduct) ok He didn't get to reception until 10/13/05 He told me thats when his half time starts but he wont tell me the out day cuz he thinks hes cute BUT HES NOT I'm sooo going 2 kick his A** when I see him cuz he 's out like what in min days hrs help help help oh I would so like to just be waiting there at the gate and surprise HIM!!! The look on his face god would be priceless ok so please can any one tell me when he gets out thank you

Gryphon
05-15-2006, 01:42 PM
You need motre information to calculate the out date. This is how it works if he's in fact eligible to do half time (no strike enhancement; not a violent felony). Go to the court file, and you'll see what the local credits were. (He gets 33% good time added to the sentence). Subtract those from the prison term. Ask him when he arrived at CRCR Reception; he gets day for day credit (no good time) begining the day after sentencing until arrival. After arrival at reception, he gets 50% good time added to his credits.

Hey there sorry 2 intrude!But i got a few questions?My boyfriend just got shipped off 2 n.kern reception.And honestly his family and myself really dont even know how long he really got!When he got sentenced he got 88 months...but he got credit...and time serve..and ...50%..time..of his sentenced...by the time the judge sentence him he said he was only going to serve a totall of 22months!!!!!!!!but his lawyer told us dont worry about it hell be out way before that in about 16 months so honestly we dont even now his serving time status.....can u help?:confused:

AnneRed420
05-15-2006, 05:45 PM
Hi.. I just wanted to know what your opinion or estimate of our release date. My fiance got sentenced 12/06/06 to 2 years w/1/2 off. He has been in custody since 07/13/05, @ sentencing he got credit for 218 days in custody (146 actual custody & 72 good time/work time). He then did 45 days before being transfered to Delano for reception. There he got a release date of Sept. 1. He is now in Chuckawalla, F-Yard & working a no pay job on the "Turtle Crew". I think he's being held approx. 3 weeks more than should be. Maybe I'm just doing the math wrong?? I'd appreciate your opinion.. & "Thank You"

dawgzalley
05-15-2006, 06:16 PM
Hi Everyone Thank You All So Much [U]MAY 17 !!!!!!!!! [U] :clap: Yippee I Just Called Up There And Asked When My Ol Man's Out Date Was n She Asked 4 His CDC Number Then Said The 17 th I Said Thank You n Hung Up It Was That Simple Why We Put Ourselves Through So Much Unnecessary Stress Is Something I'll Never Understand I'm Sure I Got At least 20 New Gray Hairs Just Worrying I Wouldn't Have Things All Ready When He Gets Home You Know. Ok Well I Only Have 1 1/2 Day's Left And So Much Still To Do Thanks Again

Gryphon
05-16-2006, 11:10 AM
Using your numbers, the out date is a week later than what you report CDC told him.
I get 147 days at 33% (7/13/05-12/06/05); 45 days at 0%, and 116 days (until today) at 50%. That's 308 actual, and 188 conduct; for a total of 496 days credit until today. On a 730 day sentence, less the 496 days total credit = 234 days remaining on the sentence; and at 50% he has 116 actual days left to serve. That makes his out date, 116 days after today, September 9, 2006.

Hi.. I just wanted to know what your opinion or estimate of our release date. My fiance got sentenced 12/06/06 to 2 years w/1/2 off. He has been in custody since 07/13/05, @ sentencing he got credit for 218 days in custody (146 actual custody & 72 good time/work time). He then did 45 days before being transfered to Delano for reception. There he got a release date of Sept. 1. He is now in Chuckawalla, F-Yard & working a no pay job on the "Turtle Crew". I think he's being held approx. 3 weeks more than should be. Maybe I'm just doing the math wrong?? I'd appreciate your opinion.. & "Thank You"

century242
05-16-2006, 11:43 AM
Ok I have read this whole thread and I understand that there is nothing set in stone about the release date. Since Gryphon has been answering most of these questions I will direct most of this thread to them, but if anyone else has any input it would be appreciated.

A little history before we go any further. My wife was just remanded on the 10th, she had 12 days of credit before being sent to RCCC on the 12th. The total term she was given was 2yr 4mo served at half time (we were told that the total time would be at the most 1yr 2mo, but obviously thats wrong) and I understand that while she is at RCCC awaiting transport she will be serving day for day.
She is confused about things just as much as I am and some of the "old timers" are telling her how things work, but all that does is confuse us more. I am assuming that the soonest I would see her outside again is 9-10-08 if she serves the whole 2yr 4mo. But if she serves at half time it would be sometime around 8/2007.
What are the breakdowns and terms for credit for all she might be elligable for? Half Time (50%) = 15 days served for 15 off? Third Time(33%) = 20 days for 10 days off? Any other figures?
Finally what would a guess-timate be of some kind of release?
I do not know if it matters, but she was convicted of a non-violent white collar crime.

Thanks in advance for any information.

Gryphon
05-17-2006, 11:11 AM
Sure, I can do that math; but 1st please double check that it's a 2 yr. 4 mo. and not a 16 month or a 2 yr. 8 mo. prison term. What penal code sections was she convicted of?
The reason I'm asking is that teh way teh math works out, it's nearly impossible to get a 2 yr. 4 mo. term. (Brief explanation: A low term of 16 mos. on a basic low level felony is 16 mos.; and a second subordinate term of a similar nature adds 8 mos because there's a sentence limitation of 1/3 of what the mid term carries. The total is then 2 years, and an additional subordinate term adds 8 additional mos. A mid term on a 16 mo., 2 yr., or 3 yr. offense plus a subordinate term equals 2 yrs. 8 mos. Just a low term is 1 yr. and 4 mos. A 2 yr. 4 mo. term is a very weird sentence because of how the math works out.)
Also, if you know the dates she was in custody prior to the sentencing, I'll double check those credits (including good time.)
Also, I need the date she arrived at CDCR Reception. If she hasn't; tell me whether she was sentenced in a huge city; and I'll estimate.

In general, what I'll be doing is subtracting county credits (adding 33% for conduct credits to the actual county days served); giving her zero conduct creits from the date of sentencing until arrival at CDCR Reception, but awarding day-for-day credit; then assuming 50% conduct credits once she arrives at CDC Reception (meaning there were no violent felony convictions and she didn't have her sentence enhanced with a strike.)

Ok I have read this whole thread and I understand that there is nothing set in stone about the release date. Since Gryphon has been answering most of these questions I will direct most of this thread to them, but if anyone else has any input it would be appreciated.

A little history before we go any further. My wife was just remanded on the 10th, she had 12 days of credit before being sent to RCCC on the 12th. The total term she was given was 2yr 4mo served at half time (we were told that the total time would be at the most 1yr 2mo, but obviously thats wrong) and I understand that while she is at RCCC awaiting transport she will be serving day for day.
She is confused about things just as much as I am and some of the "old timers" are telling her how things work, but all that does is confuse us more. I am assuming that the soonest I would see her outside again is 9-10-08 if she serves the whole 2yr 4mo. But if she serves at half time it would be sometime around 8/2007.
What are the breakdowns and terms for credit for all she might be elligable for? Half Time (50%) = 15 days served for 15 off? Third Time(33%) = 20 days for 10 days off? Any other figures?
Finally what would a guess-timate be of some kind of release?
I do not know if it matters, but she was convicted of a non-violent white collar crime.

Thanks in advance for any information.

century242
05-17-2006, 01:44 PM
Dang, I thought I had all the info you needed...LOL, I am just looking for any kind of humor I can find in this situation to help me stay sane. Here is the info from the bottom of the case information that is available on line.


Charge Dispositions:
Count - Plea - Charge - Dispo Code - Dispo Date - Severity
C001 - NC - PC 487(B)(3) - NC - 03/06/2006 - FEL



Sentence Summary:
Count - Sent. Type - Sentence Date - Prob. Status - Non LT Code
CASE - O - 05/10/2006 - NP - SP

- Non Local Time
- 2Y4M

The judge gave her 12 days and added 6 for a total of 18 and as of today she is still awaiting transport from Rio Cosumnes which equals to 7 days there and 1 day at Sac County Main jail. (The judge stated that she was to serve her sentence at half time, but I have since read that he really has no say)
She just called and said they might transport her next week because today was transport day and the van left without her. That both sucks and is great, because then I can go see her again, but she is still serving full time for another week...crap.

The way I have figured it, after reading every post on this site that has any info regarding release date matrixes, the soonest would be around July of next year...that is the best guess-timate I can come up with

I think that about covers all the info you asked for.

Sure, I can do that math; but 1st please double check that it's a 2 yr. 4 mo. and not a 16 month or a 2 yr. 8 mo. prison term. What penal code sections was she convicted of?
The reason I'm asking is that teh way teh math works out, it's nearly impossible to get a 2 yr. 4 mo. term. (Brief explanation: A low term of 16 mos. on a basic low level felony is 16 mos.; and a second subordinate term of a similar nature adds 8 mos because there's a sentence limitation of 1/3 of what the mid term carries. The total is then 2 years, and an additional subordinate term adds 8 additional mos. A mid term on a 16 mo., 2 yr., or 3 yr. offense plus a subordinate term equals 2 yrs. 8 mos. Just a low term is 1 yr. and 4 mos. A 2 yr. 4 mo. term is a very weird sentence because of how the math works out.)
Also, if you know the dates she was in custody prior to the sentencing, I'll double check those credits (including good time.)
Also, I need the date she arrived at CDCR Reception. If she hasn't; tell me whether she was sentenced in a huge city; and I'll estimate.

In general, what I'll be doing is subtracting county credits (adding 33% for conduct credits to the actual county days served); giving her zero conduct creits from the date of sentencing until arrival at CDCR Reception, but awarding day-for-day credit; then assuming 50% conduct credits once she arrives at CDC Reception (meaning there were no violent felony convictions and she didn't have her sentence enhanced with a strike.)

Gryphon
05-17-2006, 06:16 PM
Uh oh. Trouble? I think there maight be an illegal sentence or perhaps a typo.
Penal Code section 487 b)3) (Grand Theft by Employee) carries 16 mos., 2 years, or 3 years in state prison. A 2 year 4 month sentence isn't possible!
Did she also admit a 1 year prior prison term enhencement that you haven't mentioned? That plus a 16 month term yields 2 years and 4 mos.
This needs correction ASAP before she goes to CDC, or there'll be nightmarish problems while she waits for correction. There could be problems getting classified, a a bus ride back to Sacramento isn't out of teh question.Contact her lawyer ASAP!
You might go to teh court file and see what eth sentence abtract saays. That's the form that CDC Rwill be working with.
Once you figure out the correct sentence; or figure out that she had an enhancement, I can do the math for you.

century242
05-18-2006, 06:23 PM
After spending an hour in the Court Records office today...which raised more questions than I have answers for...I think I have all the info you need.
She was sentenced to the LT of 16 months plus 1yr pc12022.6 (a) (1) for a total term of 2yr 4 mo. credited with 12ds + 6ds = 18ds. Sentenced on 5-10-06...currently still in Sac County (RCCC) waiting transfer.

chaoticlyfe
05-19-2006, 02:52 AM
If the inmate gets "The Bridge Program" at reception, then they can recieve work time credits there. The inmate would then get 20% added.

My boyfriend never was in the bridge program. he has a fixed or determinate sentence of 2 years, 8 months and can only get 20% credit. his presentence credits are 253 days and 8 days postsentence. his sentence date was 1/25/05 and his release date is 8/24/06. We can't figure out how they got 8/24/06. He's also medically exempt from working. Does anyone know if the 20% comes off his total sentence first?

Gryphon
05-19-2006, 12:27 PM
If you got out of teh clerk's office with mere questions rather than a complete loss of sanity, you did well.
Now the numbers add up.
Estimating that it'll be 5/10/06 until 5/24/06 at the county jail; and there's no conduct credit added to that time: her out date is 6/29/2007 assuming she doen't lose any 1/2 time credits while she's there.
That's a 851 day total sentence, 33 days preCDCR credits (inc. 18 days total presentence credits); with 50% conduct credits applied to the balance.
After spending an hour in the Court Records office today...which raised more questions than I have answers for...I think I have all the info you need.
She was sentenced to the LT of 16 months plus 1yr pc12022.6 (a) (1) for a total term of 2yr 4 mo. credited with 12ds + 6ds = 18ds. Sentenced on 5-10-06...currently still in Sac County (RCCC) waiting transfer.

century242
05-19-2006, 12:47 PM
If you got out of teh clerk's office with mere questions rather than a complete loss of sanity, you did well.

LOL...Well the loss of sanity was when I got home and started reading. Felt like having a drink, but thought better of it.

Now the numbers add up.
Estimating that it'll be 5/10/06 until 5/24/06 at the county jail; and there's no conduct credit added to that time: her out date is 6/29/2007 assuming she doen't lose any 1/2 time credits while she's there.
That's a 851 day total sentence, 33 days preCDCR credits (inc. 18 days total presentence credits); with 50% conduct credits applied to the balance.

Great, your numbers sound better then mine as there is a loss of about a month. I know it is just a guesstimate, but it is better then nothing.
Thanks for your time.

Gryphon
05-19-2006, 02:11 PM
My boyfriend never was in the bridge program. he has a fixed or determinate sentence of 2 years, 8 months and can only get 20% credit. his presentence credits are 253 days and 8 days postsentence. his sentence date was 1/25/05 and his release date is 8/24/06. We can't figure out how they got 8/24/06. He's also medically exempt from working. Does anyone know if the 20% comes off his total sentence first?
If you are correct, and he didn't get the Bridge Program (I didn't know it could be avoided); he won't begin to earn the 20% conduct credits until he gets out of reception and is transferred to his prison housing. To calculate the out date, I'd therefore also need to know how long he was in Reception.

I can give you a ballpark, and it's a lot different than 8/34/06. If he was at reception for 45 days, and he didn't get 20% at reception for some reason, then he had a total of 379 days credit before he began to earn 20%. (253 + 8 + 45(est.)). That takes him up to 3/19/06. He then began to earn 20% from 3/20/06 until today's date. (That's 61 days with 12 days conduct credit.) His total sentence is 972 days; less a grand total of 379 days credit up until today. He will then continue to earn 20% on the balance.
That would make his out date 9/3/2007.

Gryphon
05-19-2006, 02:36 PM
I know it is just a guesstimate, but it is better then nothing.

So long as I get the correct numbers and don't typo, my outdate estimates are very accurate (unless the inmate loses credits by misbehavior).

Gryphon
05-19-2006, 03:13 PM
I've been getting lots or requests via PM as well as here regarding how to to do out date calculations. To avoid repeating myself, here's what you need:
1. The local jail credits, including good time credits. If I have the actual dates of licarceration, I can do teh math or double check the court's calculation.
2. The date of sentencing.
3. Whether the defendant was sentenced on a violent felony. A violent felony is a a legal definition, but basically it means that the crime is on a list of violent crimes; or it means someone was hurt pretty badly. Violent crimes only get 15% conduct credits.
4. Whether the defendant was sentenced with at least one "strike" enhancement. Having at least one prior strike means 20% conduct time.
5. The date or arrival at CDCR.
6. I need to know if the Bridge Program wasn't available; and if it wasn't available I then need to know the arrival date at the prison the inmate was sent to.
7. If there was a loss of credits at CDCR, I need to know how many.
8. If the inmate was sent to firecamp, I need to know the date they began work. After training, and once working, the inmate recieves 65% conduct credit.

Here's the secret formula:
Subtract local county credit from the total sentence.
Then, from the date of sentencing until the day before arrival at CDC Reception award day-for-day credit without any conduct credits (if the inmate does the Bridge Program. Almost all inmates presently do.) If the Bridge Program wasn't available, calculate those day for day credits until arrival the day before arrival at the prison housing the inmate (after leaving reception).
Once in the Bridge Program at Reception (or housed permanently in the case where the the Bridge Program is unavailable), add the appropriate % of conduct credits to the total actual time served form arrival until today's date. So, that's 65% firecamp, 50% most felonies, 20% strike sentencing, 15% violent felonies; if both a strike sentencing and a violent felony, use 15%.
Next, subtract the grand total of all actual and conduct credits earned up to today's date from the total sentence, and that's the reamaining days to serve. Count those days on a calendar, begining on tomorrow's date, to get the out date.
This calculation will work to determine out dates on for 99% of all felony sentences; and will also work to determine 1st possible parole dates on indeterminate sentences.

4myhusband
05-20-2006, 01:06 AM
My husband was sentenced to 5 years with 6 days credit for time served. It was for a non-violent felony, no strike or prior strikes. He turned himself into county jail on 09/19/05. He arrived at Wasco reception on 09/23/05. While there he did the Bridge Program. He finally arrived at fire camp 05/19/06. What is his new release date??

Gryphon
05-22-2006, 08:18 PM
PM Sent.

My husband was sentenced to 5 years with 6 days credit for time served. It was for a non-violent felony, no strike or prior strikes. He turned himself into county jail on 09/19/05. He arrived at Wasco reception on 09/23/05. While there he did the Bridge Program. He finally arrived at fire camp 05/19/06. What is his new release date??

Bobbyschik
06-13-2006, 08:19 PM
Okay, I have a question. My guy went to jail Dec. 15 2005, went to reception Feb. 14, 2006 ,went to PBSP April 9, 2006, is on level 1 and works. Release date??

sarahlm
06-13-2006, 08:46 PM
What was his sentence?

Bobbyschik
06-13-2006, 09:53 PM
5 years with half time.:confused:

sarahlm
06-13-2006, 10:04 PM
I dont know how to do the calculations but whoever does will need that info so I thought I'd save you that step. (:

sarahlm
06-13-2006, 10:06 PM
You know the prison will give you the month and year, right?

joshslonelygrl
06-15-2006, 09:32 PM
My daughters father went to prison in june of 2005, now it is june of 2006. He was sentenced 6 yrs, 85% time.. 7 months time served.. Now he is in Alder Conservation Camp serving his half time. My question is.. 1. with 85% does he actually get half time or more? 2. Around when would he be released? I'm new to all of this so I appreciate any help I can get. Thank You!

joshslonelygrl
06-15-2006, 09:34 PM
Sarahlm..
Thankyou, . My daughters father and I havent talk in months so I have no idea what is going on.

sarahlm
06-15-2006, 10:09 PM
Just call that prison and ask for records and then ask for his release month and year. You need his CDC # so you need his birthdate and first/last name in order to get the CDC# from records. He will serve 85% of the six years, not half. I dont know much about this. You should ask Gryphon, he/she is a lawyer and has posted on this thread before. You can maybe PM her/him to get more answers on release and stuff. But his prison will tell you that much.

Kathy
12-12-2006, 08:57 AM
I need help with the Calculation Worksheet. If someone has a copy can you please tell me what number is used on Line 11. Is it 6.66 or 5.66

Thanks in Advance
Kathy

Kathy
12-12-2006, 12:42 PM
I was able to get a hold of someone in regards to my question. It is 6.66 on line 11.

Anyways, I have a New Question. Has anyone heard about Inmates filing a 602 for Sentencing Computation hearing, and ask for a request for relief.

The 602 should be filled out like this:
PROBLEM:
"This appeal is brought forth due to a (Department of Corrections Administrative error, applying Penal Code sec. 2933.1 (a) to my entire sentence and credit earning while in the custody of the (Department of Corrections). This section applies to (Violent Offenders) pre-sentence credits only. Extending it's use beyond pre-sentence credit, is a (violation) of *Penal Code section * 2933.1 (c). (Effective Sept. 21, 1994 CH. 713 ss 1 A.B. 2716 amended (2002) added Subd. (c) CH. 787 ss 255B.1798)

(Action Requested)
1) Request a Haygood Hearing. 2) A re-calculation of my Board date (Parole Date) at the rate of day for day credit earning, per job assignment, in accordance with P.C. ss 2933.”

Yvonne&Hipolito
12-27-2006, 10:30 AM
Ok, I need an estimated guess on my Husbands release date... He was in the County since Dec. 8, 2005 until October 21, 2006, that's 10 1/2 months credit, then was transferred to Prison. He has 1 and 4 months credit as well from 2004 towards his sentence. He was sentenced to 9 years, 8 months with 85%. So that's about 2 years and 3 months or so total County time. If anyone can give me a rough estimate, I'd REALLY appreciate it because I'm new at this and I'm curious as to how long I'm going to have to really wait for him... Thanks a bunch!

JLS
12-27-2006, 11:02 AM
The formula is total term -presentence credits X 85%=time remaining. In your case it's (9years 8 months=3525 days)-(2 years 3 months=820 days)=2465 days x 85% = 2095 left to serve. Add this to the Oct. 21, 2006 date he went to CDCR and he should be released the second week of July 2012 assuming he programs and does not get into any trouble.

Yvonne&Hipolito
12-27-2006, 11:32 AM
WOW... 2012 huh? Ok, thanks... that's good to know! :) I get it now!

MYHBS4U
12-27-2006, 01:12 PM
JLS (or anyone who can help),
How woul I figure this one out?... He went to county Nov 10 2006. In court on Nov 14th (i think ct date is right) he was given 60 days the judge said he would serve 40 days, making his release Dec 20, 2006 Now due to this he was given a Parole violation, on Nov 28 or 29 he saw the Parole Board & they gave him 10 months telling him he would receive cr for timed served in county, his lawyer said "take it cause you will only do 5 mo of it) he took it... He was transfered to Chino the 20,21,or 22 of Dec 2006 (not sure exactly what day it was cause Didnt hear from him till I received a letter this past sat Dec23) He says hasnt seen his counselor yet but in county & in there hes thinking he should be out approx. April 10 - 13 ,2007. Is this correct ? Could you help me figure out the time PLEASE !!! Thank you very much for your help

have a GREAT day !!!

JLS
12-27-2006, 02:09 PM
Normally he would not get credit towards his parole violation if he was arrested and convicted of a different offense. If he does, his calculation is slightly off, as he only gets 1/3 time in the county jail. His date would be April 21/22/23, 2007. If he does not get credit for the misdemeanor time in the county jail, his date would be May 21/22/23, 2007

MYHBS4U
12-28-2006, 11:45 AM
JLS,
I wanted to say THANK YOU very much for your help with calculating his time . I know we can figure all we want BUT the only 1 that matters is the one his counselor gives him ( if he ever sees one !!) but its good to get a general timeline. How does this "counselor thing" work ? What is it intended for? What should I expect next ? I guess basically what is the process of all of this? If they have medical needs are they with everyone else? When can call? Will they move him? Etc.... You get the idea ? Any info I would appreciate, as they say "you fear the unknown" Thankx again and have a GREAT day !!!

JLS
12-28-2006, 12:46 PM
In the Reception Center, the Counselor is toward the end of the process. Upon arrival, the inmate is put thru a battery of tests; educational, medical, psychological, etc. These tests take about 2 weeks. Then there is a long wait (2/3 weeks) while the results are documented. Then another 2/3 weeks while the documents are sent to the Records Office and put in the newly created Central File. In the meantime, the Records Analyst is reviewing all the court paperwork and calculating a tentative release date. Records staff also run a CI&I (rap sheet) and check for wants and warrants. This also is placed in the Central file. After all this is done, the file is placed on the "ready to see" shelf. The counselors then take the file, review it, and calculate the classification score. The counselor is then ready to see the inmate. After meeting with the inmate and giving him the face sheet (this document has the release date on it), the counselor then completes the ISRS (Institutional Staff Recommendation Summary). This document summarizes the inmate profile and includes the counselors recommendation for institutional housing. The case is reviewed by a CCII and then sent to the CSR (Classification Staff Representative), who decides what institution the inmate will be housed at.Then the waiting begins for a bed to open up at the facility the inmate is endorsed for.


Inmates in reception are not allowed phone privileges.

Inmates with medical issues are usually housed with everyone else unless their medical condition requires special housing.

Hopefully this explanation helps.

manuel's girl
01-15-2007, 02:15 AM
Ok my bf went to check in with Parole Officer and ended up being detained by PO (basically violated his parole) on Nov.30th 2006. His PO took him straight to Chino (CIM) reception center. He was given a six month sentence with half (90 days). Now i did the math and i came up with Feb. 27,2007 but my bf tells me March 2,2007. I know its just a few days off but a few days to a lonely soul can seem like an eternity. Can anyone let me know what they think his release date is!!!!!!!

cadustin
01-15-2007, 01:20 PM
I did the same math you did, and came up with your date as well. Are you sure he went straight to Chino? He didn't go to county even for a day? Even doing it six actual months, and dividing it by 2 (183 days/2=92 days), would still put him out on March 1.

Ok my bf went to check in with Parole Officer and ended up being detained by PO (basically violated his parole) on Nov.30th 2006. His PO took him straight to Chino (CIM) reception center. He was given a six month sentence with half (90 days). Now i did the math and i came up with Feb. 27,2007 but my bf tells me March 2,2007. I know its just a few days off but a few days to a lonely soul can seem like an eternity. Can anyone let me know what they think his release date is!!!!!!!

manuel's girl
01-18-2007, 12:44 AM
Thanks for the reply. Ya his parole officer dropped him off at chino he never went to county.

diceygirl
02-22-2007, 01:09 PM
My man was only supposed to be there for a 90 day observation and had a court date on 2/7 and today in Santa Cruz but didn't make either one and I cannot find out anything. How do I get a release date? He is still in reception and probably won't go to mainline, I hope!

Thanks -
Diceygirl

Gryphon
02-22-2007, 05:46 PM
I'm confused.

A 90 Day Observation should mean that he hasn't been sentenced yet; those are court ordered to be presented at teh sentencing hearing. If that's what's happening, he doesn't have an out date because he hasn't been sentenced. He could well be doing the 90 Day Observation at a prison Reception center. If he didn't get returned to the local jails yet, he's either still at Reception or on the way. It's notunusual for the return trip to be delayed; the 90 days is simply how long the Prison has to hold him prior to preparing the sentence report for the Judge (and that doesn't even mean teh reoort is written yet).

My man was only supposed to be there for a 90 day observation and had a court date on 2/7 and today in Santa Cruz but didn't make either one and I cannot find out anything. How do I get a release date? He is still in reception and probably won't go to mainline, I hope!

Thanks -
Diceygirl

Typhanie
11-11-2007, 01:54 AM
okie so if my man went in to county with a parole hold on oct 11, 5 days later was transferred to San Quentin and sentenced to 5 months flat time, what day would he be getting out? i was told that CDC calculates months as 30 days even if there are 31 days in the month....which throws off my dates by a few days....just wondering if anyone could help me on that....
Thanks!

BlessTheInmates
11-26-2007, 12:13 PM
Mom @ 4

You do so well with explaining things in simple language that we can try to understand. Thank you for that. I've been wondering ever since I found PTO,

Re: inmate is on the manditory 85%.
1st time offender.

Are the 85% inmates allowed to get time credit, providing they participate in all educational and work programs and whatever else is available and not a problem inmate?

I do understand about the time accumulated from county.
1/3 time credit is for all inmates in the reception stage at all prisons?

You mentioned how important it is to have the judge acknowledge time served in county. If the judge verbally calculates it in the courtroom and he writes things down. Is that the paper you speak of? I hope to god it is and that it gets passed along on paper.

Bless the Inmates

Gryphon
11-27-2007, 01:40 PM
85% inmates have credit calculated differently than other inmates.

An 85% inmate (violent crime) only gets 15% conduct credit. That's while in prison, and ALSO while they were in county jail. (They DON'T get 33% conduct credit while in teh local jail unless the sentencing Judge messes up and CDCR doesn't catch the error, which is something I've seen happen.)

The way the sentencing court communicates the sentence and local credits to State Prison is via a sentence abstract. The Judge's Court Clerk almost always prepares it. If it's wrong, credits are wrong. You'll find a copy of the Sentence Abstract in the court file, available at the sentencing county's Criminal Court Clerk's office. It's usually the document that's on top of the file, since it is often the last thing to be done in a state prison case.

(Inmates who are doing 85%, but got to prison on a probation violation, may get credit for the original local sentence including 33% conduct credits. If so, all of that original sentence will be deducted from the State Prison term that was imposed after the VOP. I'm not so sure that this in fact follows the law, but in application I've seen this happen on many occasions. Obviously, teh defendse won't complain since this results in teh maximum possible custody credits; and I haven't seen a DA object.)

Mom @ 4

You do so well with explaining things in simple language that we can try to understand. Thank you for that. I've been wondering ever since I found PTO,

Re: inmate is on the manditory 85%.
1st time offender.

Are the 85% inmates allowed to get time credit, providing they participate in all educational and work programs and whatever else is available and not a problem inmate?

I do understand about the time accumulated from county.
1/3 time credit is for all inmates in the reception stage at all prisons?

You mentioned how important it is to have the judge acknowledge time served in county. If the judge verbally calculates it in the courtroom and he writes things down. Is that the paper you speak of? I hope to god it is and that it gets passed along on paper.

Bless the Inmates

BlessTheInmates
11-27-2007, 11:07 PM
Thank you soo much for the information Gryphon. It was really helpful and I have a better understanding of Credits now.

I'm still unsure of something though.

Does an 85% inmate (not a parole offense inmate) qualify for any time off their sentence at all? In some sort of program? What can they do to get time off their sentence? Good behavior? Volunteer for things?

I read someplace that if an inmate participates in school 6 months, they get 6 months off their sentence. Would this apply to 85% inmates? (not a parole offense)

Anything at all would be a win-win situation

Thank you so much!
Bless the Inmates

JLS
11-28-2007, 12:04 AM
Inmates convicted of a violent felony (85%) must do 85% of the sentence. They get the 15% off for good behavior/good programming.

BlessTheInmates
11-28-2007, 10:06 AM
JLS,

Thank you for the information, it was very helpful.

I hope for some sort of flexibility in the future the 85% sentences. Progress is Progress and I think the inmates should have that opportunity.

Bless the Inmates

RpMiller
11-29-2007, 08:00 PM
I just joined this afternoon while looking for info on the rumor going around about the 85% reduction to 65% and I will be danged if I can find the place again where I had been reading that.

I am a relgious volunteer at Avenal in Calif and am trying my best to find some more info about this. Anybody have any suggestion on where is the best place to look for more info on this subject?

Thanks
Richard
Fresno, Ca

BlessTheInmates
11-29-2007, 09:15 PM
Welcome Richard,

You are doing such a fantastic thing for the inmates and familys. When I was visiting at the county facility, it was always a sweet time of the day to stop by the Chaplains on the way out.

I thought I had read that too somewhere. But sadly I've been informed they must do 85% on this thread. Please if you find any information on this, I would love if you could send me that direction to read up on it too.

RpMiller
11-30-2007, 11:40 AM
Yeah one think I have learned in life is there will NEVER be a shortage of rumors going around. That is why I am looking for where a person could go to nail down the actual "in writting" truth about what is, or is not, going one with it.

Thanks for your kind words BTM, I actually love doing the volunteer work out there. I have been at it for just at three years now and I look forward to the days I go out out. I have guys in three of the six yards so far and it is a real joy to go out and be part of their meetings.

Richard

Gryphon
11-30-2007, 12:21 PM
A reduction from 85% to 65% would presumably only happen as a way to reduce the prison population. However, 85% means that teh inmate has been convicted of a violaent crime. There hasn't been any legislative suggestion that conduct credits will be adjusted for non-violent convictions, so it makes little sense that there'd be any hope of reduction for those who are considered "the worst of the worst", those who have a demonstrated history of being physically dangerous.
Before 85% percent is changed there'd 1st be 3-strikes legislation regarding not applying to non-violent offenses.
I'd predict that credit changes to violent crimes whould be a last resort to reduce overcrowding, because these are the inmates that the public really wants locked up. (It was the fear of releasing previoously violent inmates convicted of non-violent crimes that killed the last effort, brought via voter proposition, to reform 3 strikes.

I just joined this afternoon while looking for info on the rumor going around about the 85% reduction to 65% and I will be danged if I can find the place again where I had been reading that.

I am a relgious volunteer at Avenal in Calif and am trying my best to find some more info about this. Anybody have any suggestion on where is the best place to look for more info on this subject?

Thanks
Richard
Fresno, Ca

BlessTheInmates
11-30-2007, 03:38 PM
This angers me. How many inmates are in there with 1st offenses. Doing 85% at the risk of more time if they once again don't understand the consequences. How much paperwork and terms on paper in there is actually understandable to the inmates who are fresh out of High School? Teenagers. 18 19. So they go to school, work, enroll in all the programs to find out they aren't going to be released 1 day earlier.

Do they get any time credit reduction in the Reception Process?

ambir skye
12-02-2007, 05:16 PM
My brother is 80%, but he has two strikes, he went back in on a parole violation, they gave him 7 months flat. So is he eligable to do only 80% of the 7 months, or does he have to do the whole 7mos. He also mentioned to me that they have not given him an actual release date, and he has been on the mainline for 3 months now, my whole family is very curious when he gets to come home.

Gryphon
12-03-2007, 01:33 PM
Yes, inmates get conduct credit while in Reception. (A while back, that wasn't the case.)
I think most inmates actually do understand at the time of plea when they'll be getting out. The projected out date via plea bargain as compared to trial results is something that the attorney should have covered; and it's probably the most popular topic of coversation amongst in custody inmates.
However, you are exactly correct, young folks are unlikely to fully comprehend the consequences of their actions (if they did, they wouldn't be in that legal situation in the 1st place).

This angers me. How many inmates are in there with 1st offenses. Doing 85% at the risk of more time if they once again don't understand the consequences. How much paperwork and terms on paper in there is actually understandable to the inmates who are fresh out of High School? Teenagers. 18 19. So they go to school, work, enroll in all the programs to find out they aren't going to be released 1 day earlier.

Do they get any time credit reduction in the Reception Process?

Gryphon
12-03-2007, 01:35 PM
It's likely that he'll get conduct credits while serving the violation; but that would have been decided when he recieved his sentence resulting from the violation hearing.

My brother is 80%, but he has two strikes, he went back in on a parole violation, they gave him 7 months flat. So is he eligable to do only 80% of the 7 months, or does he have to do the whole 7mos. He also mentioned to me that they have not given him an actual release date, and he has been on the mainline for 3 months now, my whole family is very curious when he gets to come home.

BlessTheInmates
12-04-2007, 02:15 AM
Yes, inmates get conduct credit while in Reception. (A while back, that wasn't the case.)
I think most inmates actually do understand at the time of plea when they'll be getting out. The projected out date via plea bargain as compared to trial results is something that the attorney should have covered; and it's probably the most popular topic of coversation amongst in custody inmates.
However, you are exactly correct, young folks are unlikely to fully comprehend the consequences of their actions (if they did, they wouldn't be in that legal situation in the 1st place).

Thank you Gryphon, your reply is very appreciated. I'm really glad that the inmates get some time credit while in Reception. It's alot better than nothing at all. Have a terrific Week, whatever it may bring :)

momie20
12-06-2007, 10:55 AM
I Need Help. My Boyfriend Just Went To His Parole Hearing Yesterday And They Gave Him 11 Months For Violating Parole. Hes Been In The County Jail Since 7-10-07 Are They Going To Take Him To State? And Will He Do The Whole 7 Months Remaining? We Have A Baby Due On 2-25-08 And We Have A Two Year Old.. I Need To Know What To Expect On The Comming Months.. Please Help Me. When Do You Think He Will Probally Be Released?

Gryphon
12-07-2007, 01:18 PM
He likely recieved half time on the violation; and that would have been decided when he was sentenced on the violation . That means he likely will do a total of 5 1/2 actual months in custody, and he has around 5 months in already.
If he was sentenced to "straight" time, that means he'll do all 11 months.
This all assumes that there isn't an additional problem, like an additional sentence to prison or misdemeanors that used some of the credit he earned. Those sorts of things could have the effect of extending the sentence.

mrsK
12-11-2007, 05:34 AM
hi
my niece was sent to danbury nov 22, for 18 months. her release date on bop.gov is 03/10/2009. i received an email from her saying she will be home next christmas. is that what her early release date would be????

Gryphon
12-11-2007, 11:37 AM
Danbury is Federal Prison. You posted in the CA forum.
The one thing every inmate seems to understand is their out date, so you can likely take your niece's word for that.

I'm not certain if the web page lists maximum release dates (which is likely), so you might want to post in the Federal forum.

hi
my niece was sent to danbury nov 22, for 18 months. her release date on bop.gov is 03/10/2009. i received an email from her saying she will be home next christmas. is that what her early release date would be????

meeganv
12-15-2007, 12:21 PM
My fiance is a VO serving 85%. First offense. His original charge was aiding and abetting, which wasn't considered a VO since he never raised a hand to anyone - but also didn't stop anything. Unfortunately he was still facing the possibility of life with a&a so his PO got him a plea for manslaughter with 20 years.

Also, oddly...he was charged with a hate crime, something that doesn't make sense under the circumstances. The victims were 2 white heterosexual men, the offenders were all while hetero men...they knew each other a little, and it was basically "just" a drunken fight with terrible consequences. This sentiment was even stated by one of the victims himself.

He's served 7, has 10 to go until his ERD.

Does anyone know if there is any point in hiring a lawyer to try and get the VO removed from his record, since the original charge didn't carry it and this is his first offense? Or is this pretty much a moot point since the sentence has been determined and he took a plea? Just curious, I'm guessing the odds are pretty high.

Thanks! I have found that there are people here who are a wealth of knowledge, and I'm still trying to figure all this stuff out...

Judeca
12-15-2007, 09:29 PM
My fiance is a VO serving 85%. First offense. His original charge was aiding and abetting, which wasn't considered a VO since he never raised a hand to anyone - but also didn't stop anything. Unfortunately he was still facing the possibility of life with a&a so his PO got him a plea for manslaughter with 20 years.

Also, oddly...he was charged with a hate crime, something that doesn't make sense under the circumstances. The victims were 2 white heterosexual men, the offenders were all while hetero men...they knew each other a little, and it was basically "just" a drunken fight with terrible consequences. This sentiment was even stated by one of the victims himself.

He's served 7, has 10 to go until his ERD.

Does anyone know if there is any point in hiring a lawyer to try and get the VO removed from his record, since the original charge didn't carry it and this is his first offense? Or is this pretty much a moot point since the sentence has been determined and he took a plea? Just curious, I'm guessing the odds are pretty high.

Thanks! I have found that there are people here who are a wealth of knowledge, and I'm still trying to figure all this stuff out...

The only thing I know is if he took the plea - no matter what, he admitted guilt in the eye of the court. And it would take a ton of money and the best lawyers to TRY to remove it.

G.Leyva
12-20-2007, 03:23 PM
I am trying to figure out if my guys out date is right. My guy says they gave him an out date of 11/24/2008. Now I tried to figure it out but hey I suck at math so can someone please help me. here is the info that i have.

1 he got locked up 10/17/2006 and he was given 60 days credits in county.
2. he was sentence 11/20/2006 to 32 months
3. His charges are HS 11377 (a)FEL and PC 148 (a) (1) MIS oh and VOP
4. he was not given a strike (but has had 1 in the past)
5. He got to DVI 12/4/2006 they where on lock down the whole time there. He got to Susanville 12/27/2006 where then he was mainlined and was working.
6.There has not been any loss of Credits at CDCR and he was not able to go to fire camp I think its because hes had a violent charge in the past.


OK that's all the info I got so far. if anyone can help me to see if the out date is right I would really appreciate it.

Gryphon
12-26-2007, 05:04 PM
PM reply sent.

I am trying to figure out if my guys out date is right. My guy says they gave him an out date of 11/24/2008. Now I tried to figure it out but hey I suck at math so can someone please help me. here is the info that i have.

1 he got locked up 10/17/2006 and he was given 60 days credits in county.
2. he was sentence 11/20/2006 to 32 months
3. His charges are HS 11377 (a)FEL and PC 148 (a) (1) MIS oh and VOP
4. he was not given a strike (but has had 1 in the past)
5. He got to DVI 12/4/2006 they where on lock down the whole time there. He got to Susanville 12/27/2006 where then he was mainlined and was working.
6.There has not been any loss of Credits at CDCR and he was not able to go to fire camp I think its because hes had a violent charge in the past.


OK that's all the info I got so far. if anyone can help me to see if the out date is right I would really appreciate it.

B'sMom9
12-29-2007, 03:22 PM
:confused:What do you need to help me calculate my sons release date? He was arrested june 1, 2007
arrived in reception november 27,2007
he is serving 9 years
what is it with 85%
and 65%
his info says 156 days credit
is two days off
for every one day of service 65%? If not can you calculate for it?
thanks

JLS
12-29-2007, 09:09 PM
If he is serving 85%, his release date will be around Sept,18, 2014. I do not understand your question about the 65%. If he was sentenced to 85%, there is no further reduction in time allowed. Two days off for every day served is only for inmates serving time in fire camp that are otherwisw eligible for 50% credit reduction.

B'sMom9
12-31-2007, 11:13 AM
I just was thinking what would it have been if he was eligable. Just something I was wondering about. Thank you for the estimated release date. Thats the one I should only be concerned about. You have a good day and thanks for being part of the PTO and supporting us. I didn't know fire camp was eligable for 50%. My son wanted to get training there for hopefully a job when he is released, but we don't think he is eligable to participate. again thank you for your time.:thumbsup:If he is serving 85%, his release date will be around Sept,18, 2014. I do not understand your question about the 65%. If he was sentenced to 85%, there is no further reduction in time allowed. Two days off for every day served is only for inmates serving time in fire camp that are otherwisw eligible for 50% credit reduction.

TRISTE13
01-18-2008, 02:49 PM
JLS can u help me caculate my husbands out date , i have his abstract of judgment. okay total term imposed 20yrs 4months date of sentence 01-07-99, credit 251, actual local time219, local conduct credits 32 . with 85% but they told him he got 30yrs with 2 stricks with 85% can you help me figure this out please.

MissingHimTons
01-18-2008, 06:10 PM
I'm sorry I didn't look through all of the posts in here so I'm not sure if this questin has been answered already. I visited my husband in jail today, and it's been one week since he went in. Everyone keeps talking about this 'new rule' or whatever one may call it stating something along the lines of: if one is eligible for half-time, due to overcrowding, they may be looking towards serving 35% of their sentence, instead of 50%. I tried researching it and only found one other source. But they were inquiring about it too. So I have no firm answer and researching it actually brought me to this amazing website. So in short, is it possible to serve 35% of one's sentence instead of 50%? Or is it just another one of those "rumors floating around".

Gryphon
01-18-2008, 07:01 PM
If an inmate is entitled to 50%, and then gets sent to fire camp, the inmate's conduct credits are thereafter increased to 65%.

Right now, that's the only way to serve 35% of the balance.

There are many many rumours running around these days. GIven overcrowding issues, some might even turn out to be true. So far, though, it's all just talk, debate, and posturing. There is no new legislation pending, there is no court order mandating reduction of prison populations in specific ways.

I'm sorry I didn't look through all of the posts in here so I'm not sure if this questin has been answered already. I visited my husband in jail today, and it's been one week since he went in. Everyone keeps talking about this 'new rule' or whatever one may call it stating something along the lines of: if one is eligible for half-time, due to overcrowding, they may be looking towards serving 35% of their sentence, instead of 50%. I tried researching it and only found one other source. But they were inquiring about it too. So I have no firm answer and researching it actually brought me to this amazing website. So in short, is it possible to serve 35% of one's sentence instead of 50%? Or is it just another one of those "rumors floating around".

Gryphon
01-18-2008, 07:03 PM
He admitted two prior strikes (25 to life), or he picked up 2 strikes as the result of this most recent sentence?

JLS can u help me caculate my husbands out date , i have his abstract of judgment. okay total term imposed 20yrs 4months date of sentence 01-07-99, credit 251, actual local time219, local conduct credits 32 . with 85% but they told him he got 30yrs with 2 stricks with 85% can you help me figure this out please.

MissingHimTons
01-19-2008, 11:23 AM
Thank you, Gryphon. Could you tell me what Fire Camp is exactly and how to qualify? (Or link me to the right forum if this isn't where I should be asking.)

TRISTE13
01-19-2008, 05:08 PM
He admitted two prior strikes (25 to life), or he picked up 2 strikes as the result of this most recent sentence? he was 18 first time of getting in trouble in his adult life and they gave him 30yrs with 85% and 2 strike all in one shot. but the abstract of justice i have say they gave him 20yrs and 4 months but the court papers say a different thing.

Gryphon
01-23-2008, 10:30 PM
There are threads around here re fire camp. It's being trained to either support fire crews or clear brush and make firelines. It is hard physical work, and they want inmates who can play well with others. The decision is made at reception. In theory, any inmate can go. In reality, it needs to be a non-violent conviction and a "medium" sized sentence. Too little time to serve, and it isn't worth training the inmate; too much increase the chance of trouble in the future. Only "50%" inamtes get the 65% conduct credits.

Thank you, Gryphon. Could you tell me what Fire Camp is exactly and how to qualify? (Or link me to the right forum if this isn't where I should be asking.)

Gryphon
01-23-2008, 10:37 PM
DOes he think CDCR has the incorrect sentence? The ABstract of Judgement and the court's sentence orders should match exactly. However, it sounds like he maybe recieved a shorter sentence as far as CDCR is concerned. If so, he probably want to let that paperwork be left alone.
To figure an out date, he has to serve 85% of what the sentence was (which seems a biut aup for grabs right now). That's actual time of a little less than 25 years 6 mos. including the local time he served.
That smaller figure results in actual time served of 17 yrs. 3 mos.
I have no way to know which of those numbers is correct.
He'll have a 1st eligible out date calculated by CDCR by the time he's out of reception.

he was 18 first time of getting in trouble in his adult life and they gave him 30yrs with 85% and 2 strike all in one shot. but the abstract of justice i have say they gave him 20yrs and 4 months but the court papers say a different thing.

TRISTE13
01-25-2008, 09:51 PM
DOes he think CDCR has the incorrect sentence? The ABstract of Judgement and the court's sentence orders should match exactly. However, it sounds like he maybe recieved a shorter sentence as far as CDCR is concerned. If so, he probably want to let that paperwork be left alone.
To figure an out date, he has to serve 85% of what the sentence was (which seems a biut aup for grabs right now). That's actual time of a little less than 25 years 6 mos. including the local time he served.
That smaller figure results in actual time served of 17 yrs. 3 mos.
I have no way to know which of those numbers is correct.
He'll have a 1st eligible out date calculated by CDCR by the time he's out of reception. Thank u!!!!!!!

SHOCKED!
02-01-2008, 08:22 PM
Dear gryphon,

please help me calculate my inmates release. He was sent in on f288(c)(1) 12 months & m647.6(a) 4 months. He went in to county on July 10, 2007 then went to Golden State Prison in Sept 0f 2007. I heard he was only to do 50% of time with 3 yr parole life registry. I know simple math puts that at March 08 time frame but this thread mentionsed classes and credit for them. He has taken I think 3 different classes would that make his time less?

Thank you

Gryphon
02-04-2008, 08:28 PM
Classes do not help at all. Working gets him no additional credits. He gets conduct credit for not getting into mischief. Only firecamp would let him earn additional credit (65%).

16 mos and half time once at CDCR.
To calculate the out date with any precision (if that's what you still need)I need to know the date he arrived at CDCR Reception; and was 7/10 the date he was sentenced?
Dear gryphon,

please help me calculate my inmates release. He was sent in on f288(c)(1) 12 months & m647.6(a) 4 months. He went in to county on July 10, 2007 then went to Golden State Prison in Sept 0f 2007. I heard he was only to do 50% of time with 3 yr parole life registry. I know simple math puts that at March 08 time frame but this thread mentionsed classes and credit for them. He has taken I think 3 different classes would that make his time less?

Thank you

SHOCKED!
02-09-2008, 12:09 PM
7/10 was the day he arrived at county and sept 5 is the day he arrived at state prison.

mahkenna
02-10-2008, 10:56 AM
:confused: Hi, I also have a time calculation question.

My 22 year old daughter signed for 6 years @ 50%.

The judge gave her 2 years court credits at sentencing.

She served 3 years in county waiting for a trial that never happened, and was shipped to Chowchilla CCWF 3 weeks ago.

She was told she has to meet with a counselor to get time calculated. At court the judge said she should do a "turnaround" and come home. Seems like she has enough time/credits to satisfy her sentence???? Does anyone know how this works?????
Thanks for any help!!! :hmm:

PTO-110524
02-10-2008, 11:08 AM
Yep, it sure does. She's already served (even without the credits) the 3 years, so she should pretty much hit reception, wait to see her counselor, and then get released pretty quickly.

mahkenna
02-10-2008, 11:28 AM
Hope you are right?????? I have been told so many different ways to calculate time that I am brain dead!!!!!!! LOL

I was also told that she could be in reception for 3 or 4 months, one inmate said they were there for 6 months due to overcrowding??????????

I can't wait to get my daughter home, she has learned a very hard lesson about the kind of guys you fall in "love" with. One she will never forget!!!!!

Gryphon
02-21-2008, 12:58 PM
It happens that inmates can languish at Reception because there's no appropriate bed available. SOmetimes inmates get made into "workers" and never leave reception, but that is rare.
However, in a situation where they can get rid of an inmate on apaper commitment, they'll be tripping overthemselves to get her out of there. They need the space, just like anyone else. (Why do you suppose they are so darn helpful getting P.C. 1381 Speedy Trial demands sent out in proper form? They are self interested in getting beds opened up. The system works pretty well when it gets self-interested.)

Hope you are right?????? I have been told so many different ways to calculate time that I am brain dead!!!!!!! LOL

I was also told that she could be in reception for 3 or 4 months, one inmate said they were there for 6 months due to overcrowding??????????

I can't wait to get my daughter home, she has learned a very hard lesson about the kind of guys you fall in "love" with. One she will never forget!!!!!

QuEeNbAbS909
02-21-2008, 07:51 PM
my brother got 2 years but he has already done a month in da hole will he get anytime off his 2 years??

Rons
02-22-2008, 12:07 AM
I am new to this and all forum type disscusions so please forgive me if i am in the wrong place or placing my question wrong. My wife is in v.s.p.w. she finally saw her counseler friday and was told her release date was dec. 12,08 we had both done the math to be some time in august someone able to help with the 4 month diffrence in time? I have court documents abstract of judgement etc.

Gryphon
02-22-2008, 12:05 PM
From the total sentence, subtract all local credits ordered by teh court (including local conduct credits at 33% or 15% if it ws a violent crime.).
From the date of sentence until arrival at CDCR Reception she at least gets da-for-day credit. I hear that in addition CDCR may be awarding conduct credits ( during this transport period; but I haven't confirmed this.
Once at reception, from the total sentence subtract the credits earned during transport.
Finally, reduce the sentence that remains by the appropriate conduct credits. (50% for most felonies, 15% for violent crimes, 20% for strike enhanced sentences, 65% once working in a firecamp and if otherwise 50% eligible.) This yields the 1st possible out date.
The inamte can't earn more credits than this, but could lose credits by administrative action if they misbehave.

mahkenna
02-28-2008, 12:06 PM
Hi all, Thanks for your input it really helps! I just received a letter from my daughter today and she saw a counselor in Chowchilla reception. They gave her a 10-6-08 release date. Something is wrong!!!
She signed for:

6years @ 50%
Served 3 years 15 days in county
Judge gave her 2 years court credit
She has served an additional 2 months in reception

She was suppose to do a "turn around" and come home????? Should I just call her attorney or is it useless????? :confused::confused::confused:
God bless the inmates!
Mahk

Gryphon
02-28-2008, 03:35 PM
It isn't a paper commitment, but there certainly could be trouble.

6 years minus 5 years 15 days total local credits yields 350 days left to serve. (I assume tht you didn't mean "court credit", but that really you meant conduct credit.) Then subtract the credits earned from sentencing until arrival at CDCR. Lets ballpark those at 2 weeks. That leaves 336 days to serve (350-14=336). Then, she earned 2 months actual and 2 months conduct credit while at reception. That leaves 216 days to serve (336-120=216). She'd have to serve 108 days of that 216 day remainder (50% conduct credits), begining today.
That puts her out date a whole lot closer than October; more like mid June.

You'll want some material from the sentencing court file to see that all her credits went with her to CDCR. Getting "certified" copies is a good idea. (A clerk's stamp makes teh document an authenticated true copy.) You want the Abstract of Judgement, Change of Plea transcript, any Probation Officer's Report prepared for use at sentencing, and clerk's minutes for the change of plea and the sentencing. If it looks wrong, the case needs to be calendared in the sentencing court for correction.
If it looks OK, then your daughter needs to find out what CDCR shows her credits to be. If CDCR messed up, that could be fixed when your daughter requests a "602"; and if you can get verification of what CDCR shows as credits and CDCR is wrong, the sentencing court could issue an order to accurately reflect credits.

It is also possible you have incorrect information. Maybe credits went towards some other case and not the one she's in prison for.

If she took a deal only because the attorney and Judge told her she'd get a "paper" prison term, then she might be able to withdraw her plea. If she wants to do this, her lawyer needs to act ASAP. (Of course, withdrawing her plea might be an awful idea depending on how much time she was looking at prior to the change of plea.)

Hi all, Thanks for your input it really helps! I just received a letter from my daughter today and she saw a counselor in Chowchilla reception. They gave her a 10-6-08 release date. Something is wrong!!!
She signed for:

6years @ 50%
Served 3 years 15 days in county
Judge gave her 2 years court credit
She has served an additional 2 months in reception

She was suppose to do a "turn around" and come home????? Should I just call her attorney or is it useless????? :confused::confused::confused:
God bless the inmates!
Mahk

edsbaby
02-29-2008, 12:52 AM
Thier time starts from the time they enter CDC, Right? Here is where I am confused. :confused: When my husband was arrested April 14, 2006, he was on parole, so he spend maybe 3-4 days in county jail, then was shipped to DVI. He spent April- December in DVI. He was sentenced October 30, 2006. He got 4 years at 80% with 303 days credit. Which ends up 925 days. So does his time start in April, when he first entered CDC, or does it start from the day of his sentencing (Oct)? :confused::confused::confused: This stuff in confusing!!! Thanks for any light that can be shed on this.

mahkenna
02-29-2008, 01:03 AM
Thanks Gryphon! I have already contacted our attorney and requested the paperwork. Great information I will see what we can do. Thanks a million for your help!!!!!!!!! :thumbsup: God bless you!
Mahk

JLS
02-29-2008, 01:21 AM
edsbaby His time starts the day he was sentenced. The 303 days credit are to cover the time prior to sentencing. The formula is 4 years = 1460 days -303 presentence credits= 1157 days to serve at sentencing x 80% = 925 days to serve from 10/30/2006. Looks like his release date will be around 1/15 2009, if he stays out of trouble.

jojosmamita
02-29-2008, 01:33 AM
alrighty gryphon.. i'm directing this question to you since you seem to be the expert.. hehe.. thanks by the way ;)

so here it goes..
my fiance was arrested: 1/24/07
sentenced: 3/20/07
to 11 years with 85%.
55 days credit with 7 days conduct credit for a total of 62 days credit.
sent to tehachapi for reception on 5/24/07! (yeah took them 2 months to transfer him)
EPRD of 6/4/16!

is that about right??
now my question was, how do they calculate his time between his sentencing date and when he arrived to reception, cause that's 2 months and how do they calculate county time?
for example say someone does 1 month in county before arriving at reception.. doesn't that person get a lot more than 1 month credit and what are the deciding factors on that calculation?
thanks again gryphon.. you're a true angel :D

edsbaby
02-29-2008, 06:39 AM
Thank you for your help!!! That sounds better then what I had calculated!! I had him doing over 3 years!! :rolleyes: WOW!! So he has less then a year left to do. Thanks again JLS!!!! You are so helpful!!!! :D
edsbaby His time starts the day he was sentenced. The 303 days credit are to cover the time prior to sentencing. The formula is 4 years = 1460 days -303 presentence credits= 1157 days to serve at sentencing x 80% = 925 days to serve from 10/30/2006. Looks like his release date will be around 1/15 2009, if he stays out of trouble.

Gryphon
02-29-2008, 11:38 AM
JLS is the expert, but I can answer. Short answer: Yes, that's about right.

Since the crime was violent, county conduct credits are only 15%. (For non-violent crime, it's be 33%).
The "transport time" between sentencing and CRCR Reception arrival used to get day for day credit. Lately, it seems that inmates are getting conduct credits on top of that (although I couldn't tell you what the statutory authority for that would be. I think it's a reinterpretation of what how the "Bridge" program is being interpreted.)


Long boring answer:
11 yrs.-62 days local credit = 10yrs. 303 days.
10 yrs. 303 days - 64 days transport credit = 10 yrs. 249 days.
Total days to serve upon CDCR Reception arrival is 3899 days.
85% of 3899 = 3315 days, or 9 yrs. and 1 mo.
9 yrs and 1 mo. from CRCR Reception arrival is 6/24/16 without conduct credits during transport.
I think my number is a little higher because CDCR gave him conduct credits from the date of sentencing (rather than arrival at CDCR Reception.)

alrighty gryphon.. i'm directing this question to you since you seem to be the expert.. hehe.. thanks by the way ;)

so here it goes..
my fiance was arrested: 1/24/07
sentenced: 3/20/07
to 11 years with 85%.
55 days credit with 7 days conduct credit for a total of 62 days credit.
sent to tehachapi for reception on 5/24/07! (yeah took them 2 months to transfer him)
EPRD of 6/4/16!

is that about right??
now my question was, how do they calculate his time between his sentencing date and when he arrived to reception, cause that's 2 months and how do they calculate county time?
for example say someone does 1 month in county before arriving at reception.. doesn't that person get a lot more than 1 month credit and what are the deciding factors on that calculation?
thanks again gryphon.. you're a true angel :D

betos gurl
02-29-2008, 04:22 PM
Gryphon - I'm going to direct this to you too since you are so good at this. Based on everything I'm reading in the posts here (and ignoring what my man said cause he thought his half-time was retroactive to his arrest date), this is my calculation of when he should get out:

Arrested Nov. 25 (2007) and put in county jail
Sentenced by parole Jan. 3 (2008) to 8mos w/ halftime
Transferred to SQ on Feb. 25 (2008)

He did 39 days in county prior to sentencing so he would get 1/3 credit (13 days) added onto that for a total of 52 days pre-sentencing.

After sentencing, he did 53 days in county, which I'm reading they get NO credit for (which makes ZERO sense to me and seems SO unfair!!!!)

Upon arrival at SQ, that would give him 105 days credit against the 240 day sentence, leaving 135 days left. Half of that would be approx. 68 days, which would put his release on May 1, 2008.

Does that sound right? When I do finally get word of his release date, I want to compare to this and make sure its not any longer.... This would be just over 5 months total time served, which is even more than the parole attorney told me to expect. It seems so unfair that they have to pay with their time for the prisons being so overcrowded that it takes nearly two months to move him!!!!

10daystil
02-29-2008, 06:36 PM
HI, I hope someone can help with this: I have to turn myself in on March 10th to serve two years for a probation violation. The I originally got 5yrs probation with 2yrs supspended after serving two months in L.A. county for my first offense (grand theft property). So because of the violation, the judge sentenced me to two years, and gave me a month to turn myself in. The public defender said I'll probably only do 50% of that and will be eligible for firecamp. I don;t trust anything lawyers say, plus I was told by someone from NPSC that it's not 50% automatically, only after i get to firecamp or another program-and even after that it'll probably be 60%. Does anyone have another opinion of how much time I'll actually serve? Also does the two months i spent in county when i was originally arrested count towards the time I'm going to serve now? Thanks, I appreciate any help I can get with this.

Gryphon
02-29-2008, 07:04 PM
You probably made a mistake.
He should get day credit from sentencing until arrival at CDCR Reception. In addition maybe he'll get his prison conduct credits applied towards that transport time. There's no statutory authority for it, but they seem to be doing it in at least some cases. (I have a theory about how they are justifying the change, but in reality it's about trying to reduce overcrowding a little bit.)
There's some law relating to extraditions that might keep an inmate from getting credit prior to CDCR arrival, but it doesn't appear to apply in this case.



Gryphon - I'm going to direct this to you too since you are so good at this. Based on everything I'm reading in the posts here (and ignoring what my man said cause he thought his half-time was retroactive to his arrest date), this is my calculation of when he should get out:

Arrested Nov. 25 (2007) and put in county jail
Sentenced by parole Jan. 3 (2008) to 8mos w/ halftime
Transferred to SQ on Feb. 25 (2008)

He did 39 days in county prior to sentencing so he would get 1/3 credit (13 days) added onto that for a total of 52 days pre-sentencing.

After sentencing, he did 53 days in county, which I'm reading they get NO credit for (which makes ZERO sense to me and seems SO unfair!!!!)

Upon arrival at SQ, that would give him 105 days credit against the 240 day sentence, leaving 135 days left. Half of that would be approx. 68 days, which would put his release on May 1, 2008.

Does that sound right? When I do finally get word of his release date, I want to compare to this and make sure its not any longer.... This would be just over 5 months total time served, which is even more than the parole attorney told me to expect. It seems so unfair that they have to pay with their time for the prisons being so overcrowded that it takes nearly two months to move him!!!!

Gryphon
02-29-2008, 07:21 PM
I'm a lawyer, so you can trust me or not as you see fit.

There's all sorts of misinformation flying around between inmates and parolees regarding credits.
In reality, what happens to you is a certainty, with very few variables.

You subtrat all the local time you served on that felony from the 2 years. That includes not only the original local sentece, but also includes any previous probation violations. Don't forget your 33% local conduct credits earned on top of actual time served. Don't subtract if you waived credits as part of a plea bargain. So, if you did a 1 yr. senence, you'd only have 1 yr. to serve.
Assuming you are turning in at the sentencing county and not CDCR reception, you will have some more credits upon arrival at prison. You at least get day for day credits while being transported. You may get additional conduct credits, but I can't say for sure. (CDCR seems to changing their rules and allowing for conduct credits during transport, at least sometimes.) Conduct credits are calculaed at 50% since this is a non violent crime and you didn't admit a strike enhancement.

The thing you heard about 60% isn't the law at all. Ther eis no form of 60% conduct credits in any form of felony sentencing. The percentages are 33% for local non-violent credits. 15% for local and CDC violent crime credits. 50% for run of teh mill felonies. 80% for strike enhanced felonies that aren't violent. 65% once working at fire camp IF you are otherwise eligible for 50%. That's it. There's no way to get more or less, and there is no pending legislative change. (Therei s lots of discussion and plenty of rumours, but no pending change.)

Once at CDCR Reception, you owe 50% of the balance (since there isn't a strike enjhancement and it isn't a violent crime).
You improve to 65% if you get into fire camp. Your bigggest problem is that you might not owe enough time to invest training in to you.

You can lose credits via administrative action if you misbehave. Otherwise, you will be able to failrly accurately calculate your outdate (and they'll tell you what it is once you are there and you are getting out of reception.)

It is unlikely, but there's some chance you won't ever get out of reception. It depends on how much time you owe and bed availability for a short timer. If you only have 70 days total credit or so, you should be fine and get assigned somewhere.

HI, I hope someone can help with this: I have to turn myself in on March 10th to serve two years for a probation violation. The I originally got 5yrs probation with 2yrs supspended after serving two months in L.A. county for my first offense (grand theft property). So because of the violation, the judge sentenced me to two years, and gave me a month to turn myself in. The public defender said I'll probably only do 50% of that and will be eligible for firecamp. I don;t trust anything lawyers say, plus I was told by someone from NPSC that it's not 50% automatically, only after i get to firecamp or another program-and even after that it'll probably be 60%. Does anyone have another opinion of how much time I'll actually serve? Also does the two months i spent in county when i was originally arrested count towards the time I'm going to serve now? Thanks, I appreciate any help I can get with this.

betos gurl
03-01-2008, 10:07 AM
You probably made a mistake.
He should get day credit from sentencing until arrival at CDCR Reception. In addition maybe he'll get his prison conduct credits applied towards that transport time. There's no statutory authority for it, but they seem to be doing it in at least some cases. (I have a theory about how they are justifying the change, but in reality it's about trying to reduce overcrowding a little bit.)
There's some law relating to extraditions that might keep an inmate from getting credit prior to CDCR arrival, but it doesn't appear to apply in this case.

Gryphon, what does day credit mean? When do you think he would get out?

2008momof1
03-01-2008, 01:18 PM
Can we create a thread on the California main page for information on inmates being released early.. We would like to know this is happening. I know some are being released due to miscalculations.. We need one place we can all come to with regards to this........
Thank you.. I am :D anxious for all who have their loved one home early...
I so hope mine comes home too....:cool:
Will they be calculating different due to the release?

10daystil
03-01-2008, 03:24 PM
Gryphon, thanks for your help and my apologies for the lawyer comment. I'm still a little confused though. I'll try to give you a little more info on my situation if it helps. I'm turning myself in at Long Bech court. I wasn't charged with any other violations prior to this one, and no others were added-i guess the judged just revoked my probation on the 2yrs suspended. Assuming that i didn't waive credits for the two months i was in county(and that was the only time I served), and assuming I don't get into any trouble after i turn myself in-do you think I'll do more than a year? You said once at reception I owe 50%, does that mean I'll only have a year to serve at that point, and any additional credits subtract from the year? I'm just trying to prepare myself and want to know out of the two years, how much would i have to serve-less than a year more than a year, or closer to the two years. You don't have to repeat all the percentages, but from what you replied, i couldn't tell if i'll be serving more time or less time than i thought. Again, thanks for taking the time to help with this.

Gryphon
03-01-2008, 11:34 PM
I meant day for day credit; one day credit for each day served and no conduct credit. As far as I can tell, credits earned frome sentencing until arrival at CDCR Reception shouldn't get conduct credits.
That's because:
In the old days, inmates got "work credits" in prison, while local jails awarded "conduct credits. The inmate didn't get work credits until assigned a "job" after they got out of reception.
Then the "Bridge Program" began at Reception, and by participating this earned the inamate extra credits.
The Bridge Program was deemed to simply be physically present at reception while staying out of trouble. Inmates didn't have to worry about there being no program material being available.
Now, I think that CDCR Receptoin may be extending the Bridge Program to cover inamtes from teh date of sentencing. If so, it is a "stretch" in order to further reduce some of the prison overcrowding problem.

Therefore, in your calculation make sure you give him custody credits from the date of sentencing until arrival at CDCR Reception, and I think that in addition to those he'ss get his additional conduct credit. That'd move his out date a little bit closer.

Gryphon, what does day credit mean? When do you think he would get out?

Gryphon
03-01-2008, 11:41 PM
You'll owe less than a year for certain, my estimate follows.

You'd have 2 years minus 2 months, so 1 yr. 10 mos to serve. (I assume tht eh 2 mos. includes your conduct credits. If not, you have more credits than 60 days.) You'll get credit for the time it takes to transport you from jail to prison, and probably you'll get conduct credits for that time. How long transport takes depends on bus space, but it shouldn't take more than a couple of weeks. At most, you'd probably have 4 weeks additional credit but that's just a guess.
Using that figure, you'd have 1 yr. 9 mos. left to serve. At 50% you'd be in custody for 10 mos. 2 weeks. If teh jail has a bus seat reserved for you and you are transported faster than my estimate, you'd serve a few weeks more than that.
If you get firecamp (decided at reception), you get 65% conduct credit once you've been trained and are working. That means 15% more conduct credit than you'd otherwise be getting.

Gryphon, thanks for your help and my apologies for the lawyer comment. I'm still a little confused though. I'll try to give you a little more info on my situation if it helps. I'm turning myself in at Long Bech court. I wasn't charged with any other violations prior to this one, and no others were added-i guess the judged just revoked my probation on the 2yrs suspended. Assuming that i didn't waive credits for the two months i was in county(and that was the only time I served), and assuming I don't get into any trouble after i turn myself in-do you think I'll do more than a year? You said once at reception I owe 50%, does that mean I'll only have a year to serve at that point, and any additional credits subtract from the year? I'm just trying to prepare myself and want to know out of the two years, how much would i have to serve-less than a year more than a year, or closer to the two years. You don't have to repeat all the percentages, but from what you replied, i couldn't tell if i'll be serving more time or less time than i thought. Again, thanks for taking the time to help with this.

MizzGomez
03-02-2008, 12:27 AM
Gryphon, my man was arrested july 6 sentenced august 6th to 2 years they told him he would only do 50% of the 2 years, he arrived at reception october 2 with 47 days credit can u tell me what date or around what date he would be released they told him june first then july I just hope they didn't miscalculate... thank you

MluvsC
03-02-2008, 01:09 AM
My bf got sentenced 2 weeks ago for 3 yrs in prison with 50%. He has been in county jail since Mar 28,2007. He should be leaving to prison any day now... Please help calculate his release date...im sooo confused i told him he should be out end of Sept but he says he will be out in Dec :angry: any information will be greatly appreciated!! Thank you

betos gurl
03-02-2008, 01:08 PM
I meant day for day credit; one day credit for each day served and no conduct credit. As far as I can tell, credits earned frome sentencing until arrival at CDCR Reception shouldn't get conduct credits.
That's because:
In the old days, inmates got "work credits" in prison, while local jails awarded "conduct credits. The inmate didn't get work credits until assigned a "job" after they got out of reception.
Then the "Bridge Program" began at Reception, and by participating this earned the inamate extra credits.
The Bridge Program was deemed to simply be physically present at reception while staying out of trouble. Inmates didn't have to worry about there being no program material being available.
Now, I think that CDCR Receptoin may be extending the Bridge Program to cover inamtes from teh date of sentencing. If so, it is a "stretch" in order to further reduce some of the prison overcrowding problem.

Therefore, in your calculation make sure you give him custody credits from the date of sentencing until arrival at CDCR Reception, and I think that in addition to those he'ss get his additional conduct credit. That'd move his out date a little bit closer.

Thank you for your help Gryphon! This is so confusing and honestly I still don't get it but I really hope you're right and he gets out earlier than I calculated. If nothing else, I just hope its not later. He wrote a friend and said that he heard people aren't even getting out on their dates right now, they've been behind on releases and people are getting out late as it is :(

Gryphon
03-03-2008, 01:26 PM
2 yrs. minus 47 d. total local credit is 1 yr. 318 days to serve.
At a minimum he gets day for day during transport, which is 57 days. (That's an unsually long time to transport to Reception).
MAYBE CDCR gives another 57 days conduct credit (policies may be changing from the old rule of no conduct credit after sentencing until arrival at CDCR.)
1 yr. 318 d. minus 57 days (at least, for transport) is 1 yr. 271 days having arrived at CDCR Reception. At 50%, that's 6 mos. plus 136 days. That's around 8/18/08, but you might get a nice surprice if CDCR awards conduct credit for all that transport time!

Gryphon, my man was arrested july 6 sentenced august 6th to 2 years they told him he would only do 50% of the 2 years, he arrived at reception october 2 with 47 days credit can u tell me what date or around what date he would be released they told him june first then july I just hope they didn't miscalculate... thank you

MizzGomez
03-03-2008, 11:07 PM
2 yrs. minus 47 d. total local credit is 1 yr. 318 days to serve.
At a minimum he gets day for day during transport, which is 57 days. (That's an unsually long time to transport to Reception).
MAYBE CDCR gives another 57 days conduct credit (policies may be changing from the old rule of no conduct credit after sentencing until arrival at CDCR.)
1 yr. 318 d. minus 57 days (at least, for transport) is 1 yr. 271 days having arrived at CDCR Reception. At 50%, that's 6 mos. plus 136 days. That's around 8/18/08, but you might get a nice surprice if CDCR awards conduct credit for all that transport time!
Thank you...

bsbrwneydgrl
03-04-2008, 12:52 AM
Gryphon, i know that your probably sick anmd tired of all these questions, but i too have a release date question if you would please. it will be greatly appreciated. my husband was arrested on Jan. 2nd, 2008. He was sentenced today, March 3rd, 2008 to 28 months with half time in state. i dont know how the credit for time serv4ed in county idea works.. oh pooh! i dont know how any of it works. please help?? oh yeah he goes to state on the 10th of this month.

Gryphon
03-04-2008, 10:07 AM
34 days local plus 11 days local conduct credit is 44 days local credit.
He gets 7 more days credit during transpot. That's 51 days cresit when he arrives at CDCR. That leaves 26 mos. 9 days to serve, and he gets 1/2 time on that. That leaves 13 mos. 5 days actual time from 3/10/08.
CDCR calculates mos. as 30 days.
Approx. out date is 04/15/09.
There's a couple of variables that could make that date a little differenent, including the possibilty of getting conduct credits during transport and the fact that it might take a different length of time to transport.

Gryphon, i know that your probably sick anmd tired of all these questions, but i too have a release date question if you would please. it will be greatly appreciated. my husband was arrested on Jan. 2nd, 2008. He was sentenced today, March 3rd, 2008 to 28 months with half time in state. i dont know how the credit for time serv4ed in county idea works.. oh pooh! i dont know how any of it works. please help?? oh yeah he goes to state on the 10th of this month.

bsbrwneydgrl
03-04-2008, 10:25 AM
Thank you so much. it helps to know around about. i really appreciate it.:thumbsup:

MluvsC
03-04-2008, 11:38 PM
Someone please help be calculate my fiance's release date!!HE was sentenced 2/15/08 to 3 yrs in prison with 50%. He has been in county jail since Mar 28,2007. He has been shipped to prison today 3/4/08... Please help calculate his release date...im sooo confused i told him he should be out end of Sept but he says he will be out in Dec :angry: any information will be greatly appreciated!! Thank you

Gryphon
03-06-2008, 10:55 AM
Unless I had a math error, I get an out date that's a little farther away.

325 days actual credit plus 33% local conduct credits = 432 total local conduct credits at the time of sentencing.
Transport credits are 18 additional days (and there's a chance he'll get an additional 18 days conduct credits depending on whether CDCR interprets the "Bridge Program" to apply to the transport period.)
Total credits prior to CDCR Reception is 440 days. 3 yrs. minus 440d. is 1 yr. 9 mos. 20 days to serve. At 50% conduct credits that's 11 mos. 11 days to serve (actual time) upon arrival at CDCR Reception.
From 3/4/08 that gives a release date of 2/15/09, with the possiblility of getting out around 3 weeks sooner than that if he gets conduct credit on the transportation time.

Someone please help be calculate my fiance's release date!!HE was sentenced 2/15/08 to 3 yrs in prison with 50%. He has been in county jail since Mar 28,2007. He has been shipped to prison today 3/4/08... Please help calculate his release date...im sooo confused i told him he should be out end of Sept but he says he will be out in Dec :angry: any information will be greatly appreciated!! Thank you

MluvsC
03-06-2008, 06:16 PM
Gryphon,
Thank you for your help..Is there a possibility he could have 487 credits prior to reception? when i talked to him he mentioned the paper he received from sentencing stated he had 487 credits. Is this possible? Thanks again!

Gryphon
03-07-2008, 02:33 PM
No.
He should only get 33% local conduct credits added to the actual local custody time.
Merry Christmas?

(...unless he had credits in addition to those you told me about. For instance, there could have been an earlier arrest, he bailed, and then failed to appear. Those previous credits would count.)


Gryphon,
Thank you for your help..Is there a possibility he could have 487 credits prior to reception? when i talked to him he mentioned the paper he received from sentencing stated he had 487 credits. Is this possible? Thanks again!

betos gurl
03-07-2008, 03:13 PM
Gryphon, I have another question for you :o - Last year, my man got picked up and arrested for having drugs in his car that no one would claim, since it was his car, they put the charges on him. Apparently they couldn't prove they were his (they weren't) so the DA rejected the case and parole rejected the violation also. He was in jail for about 2-3 weeks until they were able to drop the parole hold and get him released. Is there any chance they will add that 2-3 weeks as credit toward this violation?

Gryphon
03-07-2008, 06:20 PM
No, they shouldn't apply that time towards this violation since the reason he was in custody had nothing to do with teh pending problems. That 2-3 weeks is "dead time" and doesn't get applied towards any case. Sorry.

"Any Chance?"
The answer should be "no chance at all". However, every once in a while Judges, DA's, POs, and/or CDCR analysts make glaring mistakes. When they go to the Defendant's advantage, no one ever hears about it because no one complains. In this instance, though, I can't see how there'd be a screw up.

Gryphon, I have another question for you :o - Last year, my man got picked up and arrested for having drugs in his car that no one would claim, since it was his car, they put the charges on him. Apparently they couldn't prove they were his (they weren't) so the DA rejected the case and parole rejected the violation also. He was in jail for about 2-3 weeks until they were able to drop the parole hold and get him released. Is there any chance they will add that 2-3 weeks as credit toward this violation?

betos gurl
03-10-2008, 10:04 AM
Seems unfair that they don't credit it toward something if they hold him for 2-3 weeks on nothing :( Thanks anyway Gryphon, it was worth asking :)

Gryphon
03-10-2008, 05:35 PM
Well, the other way to look at it is that applying past credits towards future crime is bad public policy since it offers future crime a discount sentence. It'd tend to promote crime.

Seems unfair that they don't credit it toward something if they hold him for 2-3 weeks on nothing :( Thanks anyway Gryphon, it was worth asking :)

betos gurl
03-10-2008, 07:19 PM
I guess when you put it that way, it makes sense.... But then they should release them a little faster. It took something like 8 or 10 days to get the parole hold lifted WITH me driving his PO nuts.

bsbrwneydgrl
03-13-2008, 03:55 AM
hi its me again. but i have new info. my man was given a credit of 105 days on 03/12/2008. he was arrested on jan.2,2008, and was sentenced to 28 months with half on 03/03/2008. when will he be home? i got jan.15, 2009, if my math is correct. thanks again.

Gryphon
03-13-2008, 03:41 PM
I'm confused. He was sentenced on 3/3/08 but local credits were calculated as of 3/12/08? Does that mean the sentencing was 3/12/08 (and 3/3/08 was the change of plea)? Does that mean the credits were ordered on 3/12/08 but only were applied up to teh sentence date of 3/3/08?

hi its me again. but i have new info. my man was given a credit of 105 days on 03/12/2008. he was arrested on jan.2,2008, and was sentenced to 28 months with half on 03/03/2008. when will he be home? i got jan.15, 2009, if my math is correct. thanks again.

bsbrwneydgrl
03-13-2008, 06:42 PM
im not sure. i didnt get to got to the last date. and they surprised him yestgerday morning when they took him back to court ro get his credits. i know that he did take a deal but the d.a. already knew he was doing so before the third. at the previous date, the d.a. had yet to recieve some lab tests they ordered and he asked for some time for us to get married. any ways, he was given his sentence in 3/3/08 and they took him back to court on 3/12/08 to give him his credits, since they had forgotten to do it at the sae time as he was sentenced. i hope that answers your queation. im getting confused now too.

Gryphon
03-14-2008, 06:26 PM
I won't be able to say what teh exact date is becaus eof teh unknown length of time between sentencing and arrival at reception, and the othr variable that maybe CDC is giving conduct credits for transport time. Here's a ballpark:

Local credits were 33 days plus 33% conduct credits of 10 days, for a total of 44 days local credit. Lets estimate around 16 days credit during transportation to CDCR Reception, for a total of 60 days total credit. That leaves 26 months to serve upon arrival at CDCR. That yields a ballpark estimated release date of 5/19/10.
im not sure. i didnt get to got to the last date. and they surprised him yestgerday morning when they took him back to court ro get his credits. i know that he did take a deal but the d.a. already knew he was doing so before the third. at the previous date, the d.a. had yet to recieve some lab tests they ordered and he asked for some time for us to get married. any ways, he was given his sentence in 3/3/08 and they took him back to court on 3/12/08 to give him his credits, since they had forgotten to do it at the sae time as he was sentenced. i hope that answers your queation. im getting confused now too.

Lynda**
04-07-2008, 06:31 PM
Hello. Please excuse me if I sound dumb, but my son was just sent to Lancaster reception. He went to court for violating his probation and choose to do his time in prison rather than take the year probation they offered him. His sentence was 16 months at 50% with no credit for the 2 months he has already been in. Now I am reading that everyone who does prison time automatically gets 4 years parole after serving time? Hopefully I misunderstood this?
Thanks for any help you may offer

JLS
04-07-2008, 08:49 PM
All inmates that parole from CDCR are on parole from 3 to 5 years depending on the crime. It is possible to get off parole early with positive parole behavior

Lynda**
04-09-2008, 05:22 AM
Thank you for your response.

mahkenna
04-10-2008, 12:56 PM
Lynda, sorry to hear about your son. Yes he will parole from state prison. Parole is a LOT better than Probation!!!!!!!!!!! I can't express this enough. Probation is set up for the inmate to fail. It is very easy to violate and a huge percent do as it looks like your son has experienced. Then they end up back in prison (or) jail doing time.

Parole is a lot less restrictive but you face the same consequences if you violate. However, most parole officers will work with you if you show good behavior, and no positives (drugs). Many of the girls' I work with who are on Parole have had their time shortened due to good behavior. The ones who have been model citizens no longer do the weekly visit/drug test, but call in to report with their PO. I can't say that everyone will get this privilege, the PO knows I am their sponsor and it adds extra accountability for the girls.

I am glad your son will be coming home soon. Don't worry he should do better on parole.
God Bless,
Mak

pinayluv78
05-28-2008, 07:54 PM
Okay, I have a question... my husband was arrested in may 2004, sent to Folsom in August 2004, with a 9 years 6 months sentence. Because of his crime, we was told he'd have to do 85% of the time, so his release date would be July 2012. He hasn't been in too much trouble & he does work. Is it possible he could be release earlier than July 2012?

Gryphon
05-29-2008, 03:21 PM
Assuming that his earliest release date was correctly calculated, in CA there is no way to get released earlier than that date in a determinate sentence (a setence for a known period of time). It is possible to get released later as the result of misbehavior and administartive action, but not earlier. "Good behavior", education credits, and program credits have no impact on the out date.
There is no parole board on determinate sentences, and therefore there isn't anyone reviewing or modifying out dates (except for trying to catch math errors and illegal sentences.) The parole board in CA only handles indeterminate sentences (sentences that are a possible range of time up until life) where there is no release date as an operation of law.
Getting out earlier would therefore require hacing teh sentence set aside, having the sentence corrected if there was an error, or a substantial change in the present law.

Okay, I have a question... my husband was arrested in may 2004, sent to Folsom in August 2004, with a 9 years 6 months sentence. Because of his crime, we was told he'd have to do 85% of the time, so his release date would be July 2012. He hasn't been in too much trouble & he does work. Is it possible he could be release earlier than July 2012?

pinayluv78
05-29-2008, 09:07 PM
Thanks!

stayndown
06-02-2008, 06:33 PM
Hi All~
My guy was sentenced on 7 May 08 and still hasnt left for CDCR.
Does anyone know if there's a chance he'll get an additional 24 days ( If he leaves today) conduct credits depending on whether CDCR interprets the "Bridge Program" to apply to the transport period. He is doing 16 months at 50% with 145 days county credit ( not including time served after sentencing).