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CDCR - What You Need to Know Information relating to the California Department of Corrections & Rehabilitation. Q&A for those new to the CDCR system should be posted here.

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  #1  
Old 09-16-2015, 09:33 AM
clb517 clb517 is offline
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Smile Appealing a 115.

I have a question in regards to how things work. My husband had got a 115 and was suppose to be out this month. He got 16 months added. He put in an appeal it as been 32 days and he did not hear anything back. At this point what happens? Doesn't CDC have 30 days to respond to the appeal? If they do not respond within 30 days what happens? Any information is appreciated .
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Old 09-16-2015, 03:29 PM
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hi :-)

I am unsure how appeals work - but my husband was supposed to be out next week - he received a 115 on in August and they JUST heard his 115 last friday - almost 30 days out from the 115 date and gave him 61 days. I know for sure that they have 15 days to issue him the 115 and 30 days to hear it. Do you know what class 115 they gave him? I can try to find out any more info for u
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Old 09-16-2015, 03:46 PM
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He got a 115 for having a phone and a 115 for "assaulting an officer" he was asleep and the officer said he assaulted him cause he was startled being woken up. 3 months for phone and 13 months for assault. But the thing about it is there are 3 levels of appeal he is on the second level. He was served the 115's within the 14 days. But its been 35 days and he has not gotten an answer on his appeal. So i was trying to figure out what was going to happen. Do they get dropped since thats what happened if the 115 isnt served within the 14 days. I am not sure what level 115 it is. I just know that they were due to those two issues.


As far as him getting out that is not possible cause they gave him time for it on the first appeal. But he is at the second level of appeal but has not heard back.. SO just trying to find out what the heck lol
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Old 09-16-2015, 03:56 PM
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oHHHH gOSHHH - I am sorry you guys are going through this - its the worst!!! As far as dropping the 115 for assault - they wont do it. They will sit on it till the very last minute. I would keep your ducks in a row legally too - bc the DA has an option to pick it up. This also happened to my husband a few years back! He maxed out in 2013 ( caught a case in 2012 - assault on another inmate) the DA Picked it up and gave him 2 more years!

Have they heard his 115 for the assault yet? Sorry if I sound lost - just trying to gather my barings here to give you the most accurate info possible -

So - they issued his 115 on time - has he had his hearing yet? The initial 115 hearing for the assault and also for the phone? If they have not had his HEARING yet then after 30 days they cannot take away any credit. IF he has had his hearing and he got his credit forfeited and maybe privaledges then if I am not mistaken - I want to say that they have longer than 30 days for any kind of appeal process :-/

Sorry if this is nO help whatsover here lol...
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Old 09-16-2015, 04:09 PM
clb517 clb517 is offline
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He had his first hearing and at that hearing they gave him 3 months and 30 days no privileges for the phone and 13 months for assault. He is appealing that and waiting for the appeal to happen but has not and its been 35 days.

This would be second appeal to try and remove that sentencing they gave. But they have not had the hearing. I just dont know how the second and third level of hearing works.

The DA has I believe 60-90 days to pick up the case and they have not so That is out of the question. Which i good because it could be more time, and then again could of been nice cause it would of had to of gotten proven beyond reasonable doubt.

Its just frustrating I cant talk to him like I could when he had the phone and cant talk about shit over the phone lol Its just frusterating hes been there 10 years. like give him a break hes served his time and that officer knows he didnt assault him he came in grabbing him at 5 am and he pulled his arm in towards his body looked up saw it was an officer and then sat up like he was suppose to
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Old 09-16-2015, 05:29 PM
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Originally Posted by clb517 View Post
He got a 115 for having a phone and a 115 for "assaulting an officer" he was asleep and the officer said he assaulted him cause he was startled being woken up. 3 months for phone and 13 months for assault. But the thing about it is there are 3 levels of appeal he is on the second level. He was served the 115's within the 14 days. But its been 35 days and he has not gotten an answer on his appeal. So i was trying to figure out what was going to happen. Do they get dropped since thats what happened if the 115 isnt served within the 14 days. I am not sure what level 115 it is. I just know that they were due to those two issues.


As far as him getting out that is not possible cause they gave him time for it on the first appeal. But he is at the second level of appeal but has not heard back.. SO just trying to find out what the heck lol

I'm sorry I had to edit my post. I see what your saying....He's been in for 10 years. He's is due to be released. He caught a assault and phone case which landed him additional 16 months. He's currently fighting the 13 months for the assault through the appeals process. I can tell you first hand that when it comes to assaulting a C/O or even if it is alleged they will drag the appeals process until the 16 months is dam near served. The D.A has a certain period of time to pick up the case however it was already handled and decided through administration and he was sentenced. The appeals process can drag so please be prepared. I don't want to bring you bad news but I also like to keep the families here informed the right way. Let me know if you have any questions. I'll try to answer as best as possible.
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Old 09-17-2015, 09:45 AM
clb517 clb517 is offline
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I appreciate you getting back to me. It is just crazy that the officer can say he assaulted him when he came in when he was asleep and grabbed his arm and so he pulled it in towards his body til he saw who it was. And no worries you are not giving me bad news I appreciate any information. I always prepare for the worst cause that place makes its own rules its crazy! I just pray to god that something good comes of this. He also did not get his hearing notices in the time frame he was suppose to on the first one. They gave it to him 3 hours before his hearing hes suppose to get it 24 hours before. There are just so many technicalities. SO we shall see what happens! Thanks for getting back to me its appreciated
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Old 09-17-2015, 10:04 AM
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Pm me. I may be able to advise you. First off when entering a cell the inmates have to be asked to cuff it up. So the fact that they went in his area is strange. Also any technicality can forfeit that 115 and be thrown out. I hope things will work out.
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Old 09-17-2015, 10:33 AM
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just sent you a private message
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Old 06-03-2018, 05:28 PM
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Originally Posted by pj663 View Post
Pm me. I may be able to advise you. First off when entering a cell the inmates have to be asked to cuff it up. So the fact that they went in his area is strange. Also any technicality can forfeit that 115 and be thrown out. I hope things will work out.

pj663 please pm me!
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Old 06-03-2018, 06:35 PM
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pj663 please pm me!
Unfortunately pj hasn't been online in about a year.
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