View Full Version : 85% - 65% && 50% - 35%


nicoledelking
11-04-2007, 09:25 PM
has such a law been passed that sentences could get reduced to serving 65% instead of 85% && 50% to 35%...jus a rumor i heard && i wanted to see if anyone knows anything. thanks

JLS
11-04-2007, 09:58 PM
No such law was passed in California. There has been no change to the credit earning status of inmates in California for almost 5 years. Just rumors.

nicoledelking
11-04-2007, 10:06 PM
SO...THEY EiTHER SERVE 85% OR 50% OF THEiR SENTENCE ?? && HOW DO THEY KNOW iF THEY'RE SERViNG 85% OR 50% ??

Christina48174
11-05-2007, 05:45 AM
Federal inmates do 85% of their time and State inmates usually do only do 50%

Christy
11-05-2007, 06:58 AM
I think there are a couple of states that have done away with the 85% for those coming into the system. For those that have already been sentenced, the laws have not changed...yet. I think in the coming years we will see them dropped or an opportunity to get them dropped. These rumors circulate all the time.

Waitin4BlueEyes
11-05-2007, 08:14 AM
Federal inmates do 85% of their time and State inmates usually do only do 50%

It all depends on the charges in CA. My husband is in state serving 85%.

William'sBaby
11-05-2007, 11:12 AM
SO...THEY EiTHER SERVE 85% OR 50% OF THEiR SENTENCE ?? && HOW DO THEY KNOW iF THEY'RE SERViNG 85% OR 50% ??

They are told when they are sentenced. The judge told my husband he would do 50%. They will also be told while in reception what their release date will be.

William'sBaby:heart:

ram63565
11-05-2007, 11:49 AM
Depends on the state and the judge. For example my husband was NOT told the percentage he would serve.

biznack28
11-05-2007, 11:50 AM
My baby is in the state too. He is doing 50%. Still seems like forever!

ALWAYS HERE 4 M
11-05-2007, 02:00 PM
As far as I understood from speaking to my honeys attorney last week was that if it is a strikable offense they have to serve 85% of their sentence. If not once they go to state from county they have to serve 50% of their sentence. = )

JLS
11-05-2007, 02:44 PM
In California, inmates sentenced as a violent felon under Penal Code 667.5 must serve 85% of their sentence. Inmates sentenced as a 2nd striker must serve 80% of their sentence. All other inmates serve 50%, unless sent to a fire camp. Inmates doing 50% get an additional reduction while in firecamp.

Gryphon
11-05-2007, 02:50 PM
In CA:

Credits are an operation of law, not subject to interpretation. There is no subjective decision making when seeting the %. That's why a 1st eligible release date can be determined as soon as the sentence is imposed.

33% is for local jail credits, unless the sentence results in prison and involves a "violent" crime. It means that the inmate serves approximaely 2/3 of local jail sentences, and has approximately 1/3 added to their time if they end up going to prison.
50% is for run of the mill (not strike enhanced, not violent) felonies, and aplies to all credits earned once the inamte arrrvies at CDCR reception. Inmates in this category serve 1/2 of the time remaining once they get to CDCR reception.
65% means only 35% of the sentence is served, and that applies to all credits earned by 50% credit eligible inmates after they are working in a fire camp.
80% means that the inmate only gets 20% conduct credits in CDCR, and therefore has to serve 80% of the time remaining once they get to CDCR reception. This is where the sentence is for a non-violent felony and has been enhanced by strikes.
85% means that the inmate only gets 15% conduct credits and therefore serves 85% of the sentence. This applies to state prison sentences involving at least one "violent" felony. The 15% conduct credits also apply to any local time earned prior to the prison term.



SO...THEY EiTHER SERVE 85% OR 50% OF THEiR SENTENCE ?? && HOW DO THEY KNOW iF THEY'RE SERViNG 85% OR 50% ??

JERRYSGIRL05
11-05-2007, 03:52 PM
this is soooo confusing to me. my kids' dad was arrested for child abuse(our son) and plea bargained to willful cruelty, he has 2 prior violent strikes, his whole record is all violent, he only got 2 years at 80%. i just dont get it. my husband was charged for robbery and took his case all the way to trial and fought it because he took the fall for 2 others. he has no violence on his record, had one prior strike, non violent but received 15 years at 85% and 10 of those years were for enhancements. go figure! i really do hope changes occur and soon, until then we continue to stay in prayer.

Mattsbaby
11-06-2007, 02:07 PM
I've heard of that to. My man wrote me and told me that his cellie was telling him about it, but it's not supposed to take effect until the first of the year. I guess that it's because of all the prison overcrowding. It's supposed to help along with the out-of-state prison transfers. I'm curious to know if it's true as well. If it is then my man will be home this time next year.:thumbsup:



has such a law been passed that sentences could get reduced to serving 65% instead of 85% && 50% to 35%...jus a rumor i heard && i wanted to see if anyone knows anything. thanks

JERRYSGIRL05
11-06-2007, 05:28 PM
my husband told me the same thing. someone he knows told him his lawyer said after the first of the year sentence percentages were gonna be reduced and that he has it on his paperwork the lawyer gave him. i really do hope and pray this happens cause then mine will be home in less than 3 years versus 5.

dallaswife2b
11-06-2007, 05:43 PM
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Gryphon
11-07-2007, 02:40 PM
No, really.
The rumor about changes in conduct credit percentages been circulating for ages. No, not true. There's nothing passed but not implemented, there's nothing even solidly proposed. Those California percentages I posted are exactly correct.
There is much speculation that some inmates could get out of prison and into some other sort of housing because that's a way to reduce overcrowding. There's speculation that the Judges who are reviewing CA Prison housing (at least as it relates to recieving medical care) might create changes. There's speculation that CA will get tired of housing non-violent offenders for years and years. Maybe something will change, and there are reasons that it ought to; but right now there isn't anything other than specualtion and wishful thinking.
In fact, future sentences could get longer. I'm aware of a "reform" bill with conservative backed "riders"; that seeks to limit the right to counsel at parole hearings, establishes a violation hearing process conducted by an appointed administrative agency, and generally makes longer parole violation senences a virtual certainty. The backers of the "riders" feel that the Morrisey Hearing Officers are being excessively sympathetic towards helping the overcrowding issue.

malstone
12-29-2007, 11:48 PM
NOOOOOO!!! Don't tell me this is just a rumor!!! My man just told me about thos today...He said this next year. Can't it be true if they are hearing this and that one guy has it on paper from his lawyer?

Mattsbaby
12-31-2007, 08:52 PM
I have been reading up on it to and there is somethings on it on the CDCR website that says that it is in consideration, and my man said that he talked to the prison lawyer and the prison lawyer said the same thing, but they wont know for sure until after the 1st. I hope it's true cuz that would put my man home in 9-10 months.

malstone
01-01-2008, 01:25 PM
Can we write someone or do something to help push this along? What about writing to judges that are on the panel to decide what to do about the overcrowding?

Patrickj
01-01-2008, 07:54 PM
NOOOOOO!!! Don't tell me this is just a rumor!!! My man just told me about thos today...He said this next year. Can't it be true if they are hearing this and that one guy has it on paper from his lawyer?


As of today January 1,2008 there is no new laws that are going into effect that have anything to do with sentence reduction or time credit reduction. If this person has paper work stating some thing else have them bring it on. This time reduction rumor has been around since I was in prison. I have been out over 8 years..
Because one guy is getting some time adjustment according to his lawyer doesn't mean everyone is getting it.
According to CDCR they have to recalculate release dates for a number of inmates due to a computer error. If someone is sentence to 80% or 85% these calculations will be done on how they were sentenced. I am trying to rain on no ones parade here. I just don't want people getting false hopes up about time credit reduction. Any kind of time credit changes (reduction) must come from leglislation and must be retroactive to beneifit people already in the system.
I personaly challange anyone that can prove me wrong about this. I don't want to hear so and so said or homie said I want something in writting and when the law went in to effect. Enough of my crap for now

ricksprincess
01-08-2008, 02:34 PM
well does anyone know about the 85%dropping to 65% in south carolina?

Patrickj
01-08-2008, 04:16 PM
my husband told me the same thing. someone he knows told him his lawyer said after the first of the year sentence percentages were gonna be reduced and that he has it on his paperwork the lawyer gave him. i really do hope and pray this happens cause then mine will be home in less than 3 years versus 5.


Well people let be me the person who will rain on the parade again. As of January 1, 2008 There was no new laws pertaining to time cuts early releases or credit reduction.
On the other hand CDCR has mentioned that it must recalculate a number or release dates for inmates due to a computer error. These calculations will be based on how the offender was sentenced(50%,80%, 85%) .
If this letter from this so called attorney is real ? How come it never is available to read if it effects all inmates. I am not saying that there may be a letter where a inmate is going to get out early from an attorney, this letter only applies to the person that this attorney represents, even if this letter is around.
I will challenge anyone to prove me wrong about there is going to be early release because some one inside has a letter from an attorney saying so. Bottom line here is this nasty rumor surfaces all the time inside and no one ever show the letter. Rumor, rumor about time cuts Come on people be the first to make me out wrong. I would love to be proven wrong about this type of situation about time cuts. Have your people inside that have seen this letter send you a copy and let get the full run down on this if it is true(very doubtful that it is).
There are lots of things in the news about what CDCR needs to do about the prison population but nothing solid has came from the legislators or the Governor

Gryphon
01-08-2008, 06:06 PM
In this forum, there are people form different states. Most of the information posted in this thread about rumours and no new legislation is based on the current state of CA law. (In CA, there's no new law but a great deal of speculation about what changes the future might bring, particulaly as to short time non-violent offenders.) Maybe some other state has something in the pipeline. Without doing a great deal of research it'd be hard to say.
However, before you get your hopes high, do your homework. These "credit change" rumors have been rampant for years and years. The rumors always appear as gospel truth, but unfortunately they are still rumors.
It can be important to know this, because defendants enter into plea bargains at least in part because they are trying to figure out when they'll get released (a smaller number being superior to recieving a larger number). Sometimes, people put their hope in smoke instead of reality; and that could yield a poor life decision. Check your sources.

malstone
01-09-2008, 10:34 PM
Yeah, My man has been in quite awhile, and he's said that he's heard this talk before...Just rumors. Sucks!

AllMine316
01-10-2008, 12:49 AM
From my understanding, it is a CDCR thang and there is suppose to be a meeting on it tomorrow. Hopefully someone can find out soon and post any onfo for all us asap.

I'm4U,U4Me
01-10-2008, 12:59 AM
I SURE HOPE SO BUT i AM NOT GETTING MY HOPES UP/

Christy
01-10-2008, 07:07 AM
The best thing you can do with things like this is to just take them with a grain of salt. Everyone wants desperatly to believe that these rumors are true and we will rationalize anything and everything to make them seem like they have been written in stone. That includes us and them inside. I used to really get frantic about these things and sit at the computer for hours trying to find anything to prove them true, to the point of tears and utter frustration. I have learned that anything that comes out of the prison is usually (not always, but 99% of the time) nothing more than a rumor that is started by someone that heard something from someone's cellie's brother's girlfriend who's cousin's boyfriend's brother is in prison and his lawyer told him.

Remember that game we all played as a kid, Telephone? It's the same thing. What starts out as something true, say for example, Joe Smith's time will be reduced because he was put into the computer incorrectly, turns into something 6 prisons later, 400 guys later, to be that the state has been required to release 857 inmates by Jan 31 or face federal charges and takeover. The end message NEVER matches the beginning truth.

Take it all with a grain of salt!!!! If you can't find any info on something on the net, news organizations, DOC websites, Court press releases...it's not true! There is nothing worse than getting your hopes up and have them come crashing down around your ears. Take it from someone that knows this!!!

mykes_girl
01-10-2008, 01:23 PM
Hey ricksprincess! I haven't heard anything to this effect in SC. However, the powers that be are in discussion about abolishing parole...which totally sucks. If I hear anything (after much research), I'll let you know. SCDC is incredibly screwed up!! Let me know if you find anything out as well please.:)

corysbaby
01-10-2008, 01:47 PM
just thought i would share my opinion. i think all states should have the same % time it is so unfair and makes you think that if you were in such and such state your loved one wouldnt have got no where near as much time as they did. i know my husband is in good ol va so therefore he has to do 85%:eek: :eek:

Gryphon
01-10-2008, 07:47 PM
Mandating state uniformity in sentencing laws would be unconstitutional. It'd violate what's commonly known as "State's Rights". (Remember that the USA is a Republic). The Feds have no choice and can't force national uniformity on the States because the States have a right independant of Federal law to protect the welfare of their citizens.

just thought i would share my opinion. i think all states should have the same % time it is so unfair and makes you think that if you were in such and such state your loved one wouldnt have got no where near as much time as they did. i know my husband is in good ol va so therefore he has to do 85%:eek: :eek:

Christy
01-10-2008, 08:37 PM
The states can follow the federal lead, but Gryphon is right. It cannot be mandated, but I totally understand where you are coming from!

If/when the feds lower the mandatory mins for all, the states will follow along, that is just about a guarantee.

avbejbkcj143
01-11-2008, 10:13 AM
someone from prion wrote a letter to someone in county and they said in prison all 85% are doing 50% so i'm thinking 50% should be going down to a lesser percentage.:D :thumbsup:

ricksprincess
01-11-2008, 04:00 PM
hey mikyes_gurl.... ricj has been telln me about this suposed to be new law for quite sometyme now but from what ive been told it isnt true... but hopefully that rumor will come true one day.... and corysbaby i understand where ur coming from on that but as we all know it would never happen... but when rick went to jail we were living in NC and all i kept sayn to myself was "only if he hadnt crossed the state line into SC, he woulda never got as much tyme." but heck u never know....all we can do is keep on hoping and praying

LovingSoul4u2
01-18-2008, 04:52 PM
Federal inmates do 85% of their time and State inmates usually do only do 50%


In FL there is 85% for those sentenced after '97 I believe and 65% for those before.

msprettyeyes
02-09-2008, 12:08 PM
If My Man Is Serving A 15 Year Sentence And Has Already Done 5 How Will Affect Him In The State Of Florida

I'm4U,U4Me
02-09-2008, 06:02 PM
He'd have to do 12 years and 9 months. Reading above says 85% must be served for people who were sentenced afer 97.

If My Man Is Serving A 15 Year Sentence And Has Already Done 5 How Will Affect Him In The State Of Florida

Patrickj
02-11-2008, 12:11 PM
someone from prion wrote a letter to someone in county and they said in prison all 85% are doing 50% so i'm thinking 50% should be going down to a lesser percentage.:D :thumbsup:

This latter thing is pure rumor, no changes to the sentencing laws as of this date

amotherspain
02-27-2008, 01:49 PM
Quick question...would a gun enhancement to a charge carry the same percentage as the charge itself of 85%- does that make sense?Would it be possible for the enhancement to be only 50%

Patrickj
03-02-2008, 08:50 PM
Quick question...would a gun enhancement to a charge carry the same percentage as the charge itself of 85%- does that make sense?Would it be possible for the enhancement to be only 50%

Use of a gun in the commision of an offense = violent felony all gun enchanement would also be 85% the whole term would be 85%

LUCKYU_1315
03-12-2008, 06:51 PM
To say the least I think I need to change my name from luckyu to Lost. Mine was sentenced 15 months for community sanctions violation but because we are not married and he has a public defender I can't find out anything. He has been in a county jail for two months now. Does anyone know if there is something in ohio I can file to get the judge to relook at this case. One of the violations he had and a big part was that he had no job because his case was on child support. He was laid off and his employer has wrote to the judge telling them they need him back but the judge never acknowledged it. Why sit in a prison if he can pay his support.

funnyface09
03-13-2008, 12:09 AM
Actually, this is where it all came from:

December 21, 2007

CA: Schwarzenegger proposes to release 22,000 prisoners

http://realcostofprisons.org/blog/archives/2007/12/ca_schwarzenegg_4.html

The original Article from the Sacramento Bee is no longer available unless you want to pay for it.

Duncansgirl
03-13-2008, 09:54 AM
Mine is in Tn. and his is 4yrs @ 30% but the 30% down doesn't mean he's gonna get out, it means he can go infront of the parole board. Which every site makes sure to remind you that parole is a privialge not a right. I wish he could get out, he has almost 50% down now.I pray everyday that he'll get out soon,n but I've also been told that the parole board almost ALWAYS denies the first time. I pray to God that's not true.:(

twixnstix
03-13-2008, 03:06 PM
Federal inmates do 85% of their time and State inmates usually do only do 50%

as mentioned before not in california.... it all depends on the charges and priors. like pretty much all violent offenses get 85%

litoslady
03-16-2008, 04:27 PM
my man was sentenced to six and a half years for a t.o.m charge. he is in winslow, does he have a chance at getting 50% or does hehave to do 85%

Gryphon
03-19-2008, 12:34 PM
In this thread there are people from various states talking about conduct credit percentages for violent crime. convictions. Most of the posters are from CA, where a violent felony causes prison conduct credits to be 15%, but non violent conduct credits are 50% (while non-violent strike enhanced crime gets 20%). There are discussions of rumor that those getting 15% might instead get 50%. Those old rumors were fanned when CA prison overcrowding became so bad that the Federal courts might step in and tidy up, and State governernment began to try to convince the Feds the oversight wasn't needed.
Every State is going to be different. The rules rearing credits are different; and some use parole boards while others have determinate sentencing. Theefore, teh answer to any credits question always has to be state specific. Even local politics plays a part when it comes to guess what the future holds.

my man was sentenced to six and a half years for a t.o.m charge. he is in winslow, does he have a chance at getting 50% or does hehave to do 85%

LUCKYU_1315
03-20-2008, 04:40 PM
where do you find out if it is 50% 85% etc...

Gryphon
03-31-2008, 04:15 PM
where do you find out if it is 50% 85% etc...
In CA, that's Title 15, and a few places scattered around the Penal Code.

For any given state that's something that's not terribly hard to research in a law library. Ask the librarian for a encyclopedic summary of your states criminal procedure, begining with sentencing and ending with post-conviction calculation of release dates.

greeneyedlady19
04-01-2008, 12:36 AM
My husband was sentenced to life with parole and a 5 year enhancement which in Calif the way it works out should be 12 years. He has been in for 12 years and 8 months now.

Patrickj
04-01-2008, 10:26 AM
My husband was sentenced to life with parole and a 5 year enhancement which in Calif the way it works out should be 12 years. He has been in for 12 years and 8 months now.

Sorry, this is not how it works Your husband life sentence has a number of years to life plus a five year enhancement. For example lets say he has a 15 to life sentence he must due a 85% of the 15 years before he is eligible to go to the Parole Board , it is up to the Parole Board if anyone with a life sentence gets out He is sentence to what is call a indeterminate sentence.

barb52
04-05-2008, 07:13 PM
I Heard They Were Going To Vote On Changing 85% In May 2008
Dose Any One Know Any Thing About This

Gryphon
04-11-2008, 03:16 PM
Who are "they"?
You likely mean your home state legislature. If there is reform happening in your home state, that's likley being discussed in your state's forum.

I Heard They Were Going To Vote On Changing 85% In May 2008
Dose Any One Know Any Thing About This

LOWDMOWTH9597
04-16-2008, 08:26 AM
I'm Curious About The Percentage Laws To In Nys. They Only Thing My Hubby & I Were Told Was That He Got A Flat 12. I Did Hear That In March Of This Year They Were Supposed To Drop The Percentage For Violent Offenders From 85% To 65%. Does Anyone Know If That's Accurate

shorty31
04-16-2008, 09:09 PM
HELLO,

I just recently talked to a friend who was just in behind bars and he said that they are doing a time reduction and I also read an article in the paper that there will be reduction.

toots45
04-23-2008, 10:09 PM
The Associated Press announced two weeks ago that California and New Jersey are considering reduction of sentences due to overcrowding and that all states will follow. Illinois has appointed a committee to review the necessity for long sentences as they say anything over 10 years is of no benefit to the inmate or the state. This is for state prisoners only as far as I know.

The overcrowding and cost of keeping inmates for longer periods is not a benefit, just warehousing and helps no one in the end. They are finally 'getting it' but are taking too long to review the subject.

My nephew got 55 years for murder and must serve 27 1/2 before getting out. Then they added 3 years probation/parole after receiving a plea agreement which stated he would not serve longer than 55 years. It's been 15 and we on getting closer to the downhill slump, but it's not enough.

shamika2
04-24-2008, 01:42 PM
He'd have to do 12 years and 9 months. Reading above says 85% must be served for people who were sentenced afer 97. Can you tell me if there is a new law reducing,a persons sentence from 85% to 50%.If so can you tell me if this law applies in the state of NewYork.

shamika2
04-24-2008, 01:50 PM
Can you tell me if there has been change in a persons sentence in the state of NewYORK

i love steve
05-16-2008, 05:45 AM
what about NY?

Juansgirl
05-16-2008, 10:59 AM
i have the same question for california.. i have a brother doing state time, my husband as well and a brother doing federal time. When is this law going to pass or is it ever?... 85 % - 65%, 50%-35%... i have my fingers crossed i hope it passes here in california and quick...

LovinMeNow
05-16-2008, 12:48 PM
I remember hearing about this for NJ on the news, but haven't heard anything about it since. It seems that this gets brought up over and over but just stalls. The state prisons and jails are bursting at the seams! I wish that they would make s decision one way or the other!

sammy whiteside
08-12-2008, 06:30 AM
Depends on the state and the judge. For example my husband was NOT told the percentage he would serve.

A judge is not allowed to tell you the ammount of the sentence. If he had he would have violated his plea. It is up to the laws in effect at the time you committed your offense, DOC and the way one conducts himself. I went to the fed court as my attorney told me that I would do half of the setence, but being a violent charge it was 85%. I was lucky and got my appeal granted for the error. The judge never said and was not the issue but that was the states arguement. That the judge never and couldn't say. The problem in the system today is the att. doesn't know the good time laws, what is violent and what is not considered violent. Sad to say but true, my att. was a perfect example. He thought that since manslaughter carried parole I would do 50 % and be released, and murder didn't I would do 85% of a reduced sentence to drop the writ and not go to trial again. I DID 85% of 10. If your going to take a deal you need to check out with DOC, the ammount you will atually serve. Sad but true.

Snail262
09-15-2008, 02:20 PM
Hi everyone. I'm sorry to ask this, but i am very new to this. My man was just sentenced to do 4 yrs 8 months in CA with a Fire Camp recommendation from the judge.(1st offense, non-violent). What kind of actual time is he looking at doing? Thank you for your help. As you can tell, i'm kinda freaking out.

K

smoser
02-18-2009, 02:20 PM
I don't know where you guys live, but here in NC...inmates do a min of 85% of their time. They have to do 100% or their min time before they can be released.

smoser
02-18-2009, 02:21 PM
Hi everyone. I'm sorry to ask this, but i am very new to this. My man was just sentenced to do 4 yrs 8 months in CA with a Fire Camp recommendation from the judge.(1st offense, non-violent). What kind of actual time is he looking at doing? Thank you for your help. As you can tell, i'm kinda freaking out.

K
I don't know what the crime is but for a non violent crime that is a bit steep...I would appeal unless he took a plea.

anthonyandjene
05-14-2009, 02:03 PM
hello there ok so if the law changes then if my man got 44 months with 85%how long will he do?

MRSZ.JONES
09-06-2009, 06:33 PM
Federal inmates do 85% of their time and State inmates usually do only do 50%


Where they do that at!? :eek:

rjschlote
09-15-2009, 10:41 PM
Where they do that at!? :eek:


From what I understand they tell you when you are sentenced how much of your time you will do. In my husbands situation his max is 4 years but the courts said he would only do 50% 2 years of his sentence.

RCHH1981
09-15-2009, 11:11 PM
I remember my man was asking me about the 35% law in illinois but how does that work? Or is it even true. He got 14yrs class x but non-violent and they gave him time served for 3 yrs so what is he facing of the 14? And is that 35% true or is it day 4 a day in the state of illinois?:confused:

llpadilla
09-15-2009, 11:30 PM
I remember my man was asking me about the 35% law in illinois but how does that work? Or is it even true. He got 14yrs class x but non-violent and they gave him time served for 3 yrs so what is he facing of the 14? And is that 35% true or is it day 4 a day in the state of illinois?:confused:


You guys are so lucky. In Idaho it is 100% of your sentence. There is no good behavior time or anything.