error in jail credits who to contact?

[2sleepy]

My son was sentenced to state prison in March. When he got the printout showing his eprd, it was wrong, 8 days credit for time served while held on a FTA for this case were missing, and while the time he waited in jail for transport to prison were correct, 24 - they only show a total of 26 days, so I'm thinking that's a typo and they picked up 2 instead of the appropriate 12 days conduct credit, it should have been 36 (24+12)

I have called his attorney a bunch of times and while the secretary is very nice and promises to help, the answer is always the same the 'attorney is working on a really big case right now so it will be awhile'.

If I try to straighten this out on my own, where would I start? I have a power of attorney but I'm out of state so making court appearances on this would be real tough.

[Tamitha]

I would try his counselor at the prison..... just a thought.

[2sleepy]

He did ask him, he said 'oh well too bad for you'...

[Tamitha]

That is so digusting!! I hate some of the people who work in the system!!! I would call the prison and see if they have an inmate advocacy department or parolee advocacy department. My BFs prison had this and even when they can't help, they care and seem to lean you in the right direction. Just don't give up and talk to anyone and everyone, eventually you'll catch someone that gives a damn. Also, that counselor may have said 'oh well', but he may be looking into it to avoid getting in trouble. However, if the mistake was made at the County level, you may need to start there. Sometimes the DA's office works in your favor, believe it or not. Good luck! Hope some of this helps.

[Gryphon]

1. You need that attorney to help. You need to correct the Abstract of Judgement from teh sentencing court.
It will take a court date, and maybe two, in most counties. Some counties are more informal and the Judge's clerk (at the Judge's direction) will fix the order if there's obvious proof of a credit error.
It'd help the attorney if you can get any proof that teh defendant was held somewhere pending transport. (That's harder to do than it sounds, sometimes.)
Send the attorney a registered letter if you think hthe problem is being ignored. However, unless teh out date is coming up soon there's a lot of time to fix any errors.

2. The second possible error is that the inmate didn't get conduct credits during transport. I doubt thre was an error. My understanding is that no conduct credits applyto that time. CDCR conduct credits don't kick in until arrival at CDCR Reception (as per the Bridge or Bridging Program); and local credits end when teh inmate gets sentenced. I've heard rumor tht CDCR might be awarding conduct credits during transport, but I have;t been able to get any confirmation that it has happened. If they did this, it'd be a reinterpretation of the "Bridge" program rules that allowed CDCR inmates to recieve conduct credits while in reception. (Before that, CDCR work-time credits, rather than conduct credits, didn't begin until out of reception and asigned a job.)
If there was an error, it'd have to be fixed by CDCR. The inmate would file an inquiry regarding credits (aka a "602") and would then get a reply.

Originally Posted by 2sleepy

My son was sentenced to state prison in March. When he got the printout showing his eprd, it was wrong, 8 days credit for time served while held on a FTA for this case were missing, and while the time he waited in jail for transport to prison were correct, 24 - they only show a total of 26 days, so I'm thinking that's a typo and they picked up 2 instead of the appropriate 12 days conduct credit, it should have been 36 (24+12)

I have called his attorney a bunch of times and while the secretary is very nice and promises to help, the answer is always the same the 'attorney is working on a really big case right now so it will be awhile'.

If I try to straighten this out on my own, where would I start? I have a power of attorney but I'm out of state so making court appearances on this would be real tough.

[2sleepy]

Thanks Gryphon, I will just have to keep bugging the attorney. The missing credits are from when he was in county waiting for transfer to SP. The other 8 days are from an arrest for an FTA pre-sentencing (he had a traffic citation that was supposed to 'trail' the main case but someone screwed up so it appeared that he failed to appear on it; I'm assuming that he would get credit for that too since the traffic case was dismissed as part of a plea bargain).

[South Bay]

Originally Posted by 2sleepy

My son was sentenced to state prison in March. When he got the printout showing his eprd, it was wrong, 8 days credit for time served while held on a FTA for this case were missing, and while the time he waited in jail for transport to prison were correct, 24 - they only show a total of 26 days, so I'm thinking that's a typo and they picked up 2 instead of the appropriate 12 days conduct credit, it should have been 36 (24+12)

I have called his attorney a bunch of times and while the secretary is very nice and promises to help, the answer is always the same the 'attorney is working on a really big case right now so it will be awhile'.

If I try to straighten this out on my own, where would I start? I have a power of attorney but I'm out of state so making court appearances on this would be real tough.

Two different sets of time credits appear to be involved. First, the 8 days your son was held on the FTA would eventually have to be added by the sentencing court by amending the Abstract of Judgment. The CDCR can do nothing about this time. Your son could send a letter to the court informing them of the error, and that the 8 days was attributable solely to the case for which the court sentenced him. The court should treat the letter as an informal habeas petition. The better thing to do is to have him send a formal habeas corpus petition to the sentencing court, including the paperwork showing the 8 days he was held. By making it formal and including the proper exhibits, the court would be more inclined to grant it and amend the Abstract. The court could also issue an Order to Show Cause and require the DA to respond as to why the credit should not be granted

As for the 24 days post sentencing, the CDCR should have granted him the 12 days credit, which is shown as “vested” credit on his Legal Status Summary sheet (LSS). Penal Code section 2900.5(e) provides that, “It shall be the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.” So any issue with these credits should be addressed by way of a 602 filed with the CDCR. The CDCR actually has a provision in their regulations that a prisoner has the right to have a member of the case records office personally appear and explain to the prisoner the manner in which the time credits and sentence were computed. This is called a Computation Review Hearing, and is authorized under Title 15 section 3084.7(h).

South Bay

[2sleepy]

Thanks, that's good information, I will try to figure out the habeas corpus thing and will tell him to file a 602 for the missing credits.

Originally Posted by South Bay

Two different sets of time credits appear to be involved. First, the 8 days your son was held on the FTA would eventually have to be added by the sentencing court by amending the Abstract of Judgment. The CDCR can do nothing about this time. Your son could send a letter to the court informing them of the error, and that the 8 days was attributable solely to the case for which the court sentenced him. The court should treat the letter as an informal habeas petition. The better thing to do is to have him send a formal habeas corpus petition to the sentencing court, including the paperwork showing the 8 days he was held. By making it formal and including the proper exhibits, the court would be more inclined to grant it and amend the Abstract. The court could also issue an Order to Show Cause and require the DA to respond as to why the credit should not be granted

As for the 24 days post sentencing, the CDCR should have granted him the 12 days credit, which is shown as “vested” credit on his Legal Status Summary sheet (LSS). Penal Code section 2900.5(e) provides that, “It shall be the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.” So any issue with these credits should be addressed by way of a 602 filed with the CDCR. The CDCR actually has a provision in their regulations that a prisoner has the right to have a member of the case records office personally appear and explain to the prisoner the manner in which the time credits and sentence were computed. This is called a Computation Review Hearing, and is authorized under Title 15 section 3084.7(h).

South Bay

[2sleepy]

Originally Posted by South Bay

Two different sets of time credits appear to be involved. First, the 8 days your son was held on the FTA would eventually have to be added by the sentencing court by amending the Abstract of Judgment. The CDCR can do nothing about this time. Your son could send a letter to the court informing them of the error, and that the 8 days was attributable solely to the case for which the court sentenced him. The court should treat the letter as an informal habeas petition. The better thing to do is to have him send a formal habeas corpus petition to the sentencing court, including the paperwork showing the 8 days he was held. By making it formal and including the proper exhibits, the court would be more inclined to grant it and amend the Abstract. The court could also issue an Order to Show Cause and require the DA to respond as to why the credit should not be granted

As for the 24 days post sentencing, the CDCR should have granted him the 12 days credit, which is shown as “vested” credit on his Legal Status Summary sheet (LSS). Penal Code section 2900.5(e) provides that, “It shall be the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.” So any issue with these credits should be addressed by way of a 602 filed with the CDCR. The CDCR actually has a provision in their regulations that a prisoner has the right to have a member of the case records office personally appear and explain to the prisoner the manner in which the time credits and sentence were computed. This is called a Computation Review Hearing, and is authorized under Title 15 section 3084.7(h).

South Bay

I just wanted to give you an update on this, I was doing some online research to figure out how to write the habeas corpus and ran across this:
http://www.cdcba.org/pdfs/R2003/04-06-03.pdf
Inmates can submit a letter to the court rather than a formal habeas corpus regarding pre-sentence credits. I wrote up the letter to the judge for my son and mailed it to him and cited case law People v. Clavel (2002) 103 Cal.App.4th 516, 519, fn. 4. I will let you know what the outcome is, thanks for the help

[bluehorsebeach]

Originally Posted by 2sleepy

He did ask him, he said 'oh well too bad for you'...

Are you guys ready for this? Get this, my guy has a CDCR CO who is trying to help him inside!! This CO has been just great. Really when a man has character well a man has character. Abrahms is his name and he can't believe that CDC is doing this to my guy. Cute huh? My guy was told that when he was found guilty of a 115 violation (fighting) that he could get his time back blah blah blah the usual stuff which is true. Now they are telling him that because he is in on a parole violation, he isn't eligible. Well, more than just I have looked it up and guess what he IS eligible. He was to get out today 1-1-2009 but... opps their mistake. So Abrahms himself (the nice CO) goes up to the counselors office! and the counselor told Abrahms, "too bad it's his tuff luck." The CO says "Nah, nah, nah,..." But the counselor cuts him off with "Hey I really don't care" And there you have it.

[bluehorsebeach]

Ok so what do we do? The BPT gave his his sentence in Aug of '08 with a release date of 1-1-2009. He caught a violation in September of '08, it was heard in Oct of '08 and he was told by the Lt. as well as it being in writing on his paperwork, that he could apply for a restoration of credits after giving CDCR 31 days discipline free. On Nov 16th he applied for the restoration, 30 days passed and he heard nothing. He filed an emergency 602 which told him it was denied because he had not tried to work things out with his counselor prior to filing the 602. Ok, but guess what? He had NEVER seen a counselor!! Hello! So he goes thru 2 weeks trying to find out who his counselor is. I finally get the info and call everyone and their mother over there at CIM till they asked him to please have me stop calling. Wow! I felt special that they noticed. I talked to a Cpt I believe who sited the penal code that said that he could not get his time back. However if you keep reading the code, it says that only CERTAIN parolees can't get their time back. And he doesn't fall into any of those categories. So now what do we do? His release date has passed, his counselor doesn't care so ??? Who would I best talk to? Anyone got some helpful advise?

[Madhatter]

Gee, sounds like he got the counselor my son used to have LOL

Well, my suggestion would be to contact:
CDCR Division of Adult Institutions
Attn: Suzan Hubbard
P. O. Box 942883
Sacramento CA. 94283
(916) 445-7688
FAX: 916-322-2877


and ask to be put through to whoever handles the prison your son is in. If it happens to be Joseph Stein, you will be in luck. He is great to work with. Explain it all to the person you talk to, including the counselor's "bad attitude". Hopefully, you will get a good person to work with in Sac, which makes a world of difference when working with the prison.

You might also try the Ombudsman's office:
http://www.cdcr.ca.gov/Offices/Ombuds/OOcontact.html

That isn't what I'd do, but that is the proper way to handle it LOL. I'd make the counselor squirm a bit LOL

[South Bay]

Originally Posted by bluehorsebeach

Are you guys ready for this? Get this, my guy has a CDCR CO who is trying to help him inside!! This CO has been just great. Really when a man has character well a man has character. Abrahms is his name and he can't believe that CDC is doing this to my guy. Cute huh? My guy was told that when he was found guilty of a 115 violation (fighting) that he could get his time back blah blah blah the usual stuff which is true. Now they are telling him that because he is in on a parole violation, he isn't eligible. Well, more than just I have looked it up and guess what he IS eligible. He was to get out today 1-1-2009 but... opps their mistake. So Abrahms himself (the nice CO) goes up to the counselors office! and the counselor told Abrahms, "too bad it's his tuff luck." The CO says "Nah, nah, nah,..." But the counselor cuts him off with "Hey I really don't care" And there you have it.

I don't believe a parole violator is eligible to have his forfeited credits restored, based on Penal Code section 3057(d), which provides in part:

(d) (1) Except for parolees specified in paragraph (2), any revocation period imposed under subdivision (a) may be reduced in the same manner and to the same extent as a term of imprisonment may be reduced by worktime credits under Section 2933. Worktime credit must be earned and may be forfeited pursuant to the provisions of Section 2932. Worktime credit forfeited shall not be restored.

Someone please correct me if I'm wrong.

South Bay

[JLS]

South Bay is correct. No parole violator is eligible for credit restoration. That has been the case since they allowed parole violators to earn 50% credits in the late 1980s.

[Alabasterbox]

Hello Gryphon, glad to have you as a friend my question what is CDCR conduct credits? and when do they apply to an inmate plz try to explain in the easiest way possible.also what does teh inmate mean.

[Gryphon]

Originally Posted by Alabasterbox

Hello Gryphon, glad to have you as a friend my question what is CDCR conduct credits? and when do they apply to an inmate plz try to explain in the easiest way possible.also what does teh inmate mean.

I get asked this often enough I'll post it on a new thread.