Notice to new members intending to register - from January 9th 2012

TylersGiirl · #1 02-06-2012, 10:44 PM

My boyfriend is being sentenced to 3.5-5 years this Friday. I have read that he'll serve 65% of this...I first thought that would be off of 3.5 but the more I hear I'm thinking it'll be off the 5. Can someone please clear this up for me?

silvergirl0007 · #2 02-07-2012, 04:55 AM

The minimum he can serve on an indeterminate sentence is the minimum which is in your case, 3.5 years. Unless he gets released on merit or is eligible for shock camp, the soonest you can expect a release is 3.5 years and that's if he makes parole on his first time around.

Irish Girl · #3 02-07-2012, 06:00 AM

And yes, the 65% is off of the max, the 5, not the minimum. If he's convicted of a non-violent offense he can be merit eligible which comes off the minimum. You can see his month of merit eligibility, if he has it, or when he'll see the parole board on his inmate lookup screen once he's in DOCS. He'll see the board about 4 months before his 3 1/2 is up. His time in local jail counts towards his state time.

Momma Ann · #4 02-07-2012, 07:18 AM

abnd yes, while not common, you can serve less than the minimum with good time or merit.

TylersGiirl · #5 02-07-2012, 09:12 AM

Wow...idk what planet I was on but I wasn't expecting that. His probation officer told him he'd probably do a year and a half...why would he say that?

Momma Ann · #6 02-07-2012, 09:29 AM

no idea. People, even Judges, can mislead them--figuring it is not their problem once they are inside.

Momma Ann · #7 02-07-2012, 09:30 AM

he might be eligible for Shock if he can get a Violent Felony Override--he needs to talk to his counsellor about that as soon as he gets inside.

TylersGiirl · #8 02-07-2012, 11:44 AM

Thanks momma ann. We are hoping and praying that he will be able to get into shock. Do you have any advice for what he can do to increase the likelyhood he'll get the vfo and get approved to do shock?

Momma Ann · #9 02-07-2012, 03:20 PM

nope-it is totally up to Docs and he needs to brin it up and continue to pursue it with his Counsellor. Many of the VFO requests are denied. But he needs to talk to his counsellor.

blueyes.TS · #10 07-04-2012, 10:57 PM

Quote:

Originally Posted by Momma Ann

he might be eligible for Shock if he can get a Violent Felony Override--he needs to talk to his counsellor about that as soon as he gets inside.

Can they do violent over rides? And what the heck is it? Say like if hes violent crime wasn't violent at all right??

Momma Ann · #11 07-05-2012, 11:43 AM

Burglary is listed as a violent crime even though many times no violence is used. That is the crime for which Violent Felony Overrides are given--but it is a rare thing even for burglary.