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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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Old 10-13-2003, 01:47 PM
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Default Calculating CDC Prison Release Dates

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
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Old 10-13-2003, 02:19 PM
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Default Time Calculations

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!
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Old 10-13-2003, 02:48 PM
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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?
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Old 10-13-2003, 03:10 PM
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Default Dates

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 . . .
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Old 10-13-2003, 03:24 PM
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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.
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Old 10-13-2003, 06:29 PM
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Default Early Release

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!
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Old 10-13-2003, 06:53 PM
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Again, thank you for taking the time to reply yet once again. I find the information you provide very informative and helpful.
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Old 10-13-2003, 07:32 PM
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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
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Old 10-13-2003, 09:36 PM
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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!
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Old 10-15-2003, 12:31 PM
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Default time calculations

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!!!!!!!!!
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Old 10-15-2003, 12:36 PM
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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
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Old 10-15-2003, 12:39 PM
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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?
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Old 10-15-2003, 12:47 PM
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http://www.prisontalk.com/forums/sho...314#post281314

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

Love
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Old 10-15-2003, 12:49 PM
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Default Date Calculation

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!

Last edited by Cobra; 10-15-2003 at 12:54 PM..
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Old 10-15-2003, 01:07 PM
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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.
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Old 10-15-2003, 01:12 PM
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Thank you Cobra it help a lot
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Old 10-15-2003, 03:38 PM
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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.
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Old 10-17-2003, 11:21 PM
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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.
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Old 10-17-2003, 11:29 PM
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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.
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Old 10-18-2003, 12:47 AM
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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?
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Old 10-18-2003, 02:02 AM
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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.
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Old 10-18-2003, 08:26 AM
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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!
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Old 10-18-2003, 10:40 AM
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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.
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Old 10-19-2003, 05:12 AM
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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
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Old 10-19-2003, 09:14 AM
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Quote:
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
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