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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 06-09-2008, 04:18 PM
Sxytt Sxytt is offline
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Default Q&A Re: Calculating Jail Credits/Prison Time/Release Dates

My boyfirend was picked up from the house 2/15/08 for a parole violation. He was sentenced for his original crime to two years and told he would do half. On 6/5/08 there was a hearing for time served and he was given CREDIT FOR TIMED SERVED ( 139 ACTUAL + 68 CONDUCT) FOR A TOTAL OF 207 DAYS. Can anyone help me calculate when me and his 7 month old will approximately have him home again?
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Old 06-09-2008, 05:45 PM
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My bad....it was a probation violation. This is his first and hopefully last time going to prison.
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Old 06-10-2008, 01:44 PM
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730 days minus 207 is 313 days to serve at sentencing. Then there's some credits wile he awits transport to CDCR Reception. Once at CRC Reception, he'll have something like 300 days left to serve, and serves 50%, or 150 days of that. Ballpark 1st week of November, but it depends on transport time credits between sentencing and arrival at CDCR.

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My boyfirend was picked up from the house 2/15/08 for a parole violation. He was sentenced for his original crime to two years and told he would do half. On 6/5/08 there was a hearing for time served and he was given CREDIT FOR TIMED SERVED ( 139 ACTUAL + 68 CONDUCT) FOR A TOTAL OF 207 DAYS. Can anyone help me calculate when me and his 7 month old will approximately have him home again?
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  #4  
Old 06-30-2008, 04:31 PM
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Default my question detemining time to be served.

my fiance was picked up on May 20th. they sentenced him to 9 months with half, he was in county for 2 weeks and then to wasco. do they count the months as thirty days or what? i did adding in two ways and came up with two different release dates. this odd month with half time really has me confused. can someone help me figure out an approximate relaease date. our son is turning 1 on sept 19, i know he won;t be home for that, but i would like to figure out something to ease my mind.
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Old 06-30-2008, 05:47 PM
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Default Who/What determines % time to serve?

Does anyone know who makes the determination whether an inmate serves 50/80/85% time? Is this something determined by the judge at sentencing? What is the name of the document that states the percent of time to be served? Our final abstract states 5 years, but it does not state the percent of that time that is actually to be served. I understand the difference between county credits and state credits, I also understand violent/non-violent time to serve, but we would like to see an order that legally states percent time to served.
Any form number or name of a document someone can provide will be appreciated. Then I can request a copy from the proper source.
Thank's, Mamalala
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Old 06-30-2008, 05:56 PM
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It depends on the parole board, and they will contact you. My son wasn't supposed to even get out early he was supposed to stay in until January 2011, but the parole board called me last week, and he has to go up before the parole board in January 2009 and they will decide if he can come out then.
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Old 07-02-2008, 01:29 PM
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In CA, the percentage of conduct credits is by operation of law, not a court order. There is only a parole board involved if it is a life case, and even then they don't make any decisions about conduct credits.
The sentencing judge determines (or orders others to determine) the local credits earned towards a prison sentence. That includes all local conduct credits. The Judge does not have authority to order a % that's different than what's determined by the State Legislature.
If you know the CA crime, I can tell you the %. FYI: ordinary felonies are 50% once at CDCR. Violent crimes are 15% conduct credit, for state or local credits. 20% conduct credits are strike enhanced sentences. 65% conduct credits are when serving a 50% crime at fire camp. Approx. 33% credits are no-violent crime while in the county jail.

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Originally Posted by mamalala View Post
Does anyone know who makes the determination whether an inmate serves 50/80/85% time? Is this something determined by the judge at sentencing? What is the name of the document that states the percent of time to be served? Our final abstract states 5 years, but it does not state the percent of that time that is actually to be served. I understand the difference between county credits and state credits, I also understand violent/non-violent time to serve, but we would like to see an order that legally states percent time to served.
Any form number or name of a document someone can provide will be appreciated. Then I can request a copy from the proper source.
Thank's, Mamalala
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  #8  
Old 07-02-2008, 02:07 PM
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No parole board in CA (except for life cases.) We have "determinate" rather than "indeterminate" sentences. The earliest possible release date can be calulated as of the date of arrival at CDCR, no parole board required.

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It depends on the parole board, and they will contact you. My son wasn't supposed to even get out early he was supposed to stay in until January 2011, but the parole board called me last week, and he has to go up before the parole board in January 2009 and they will decide if he can come out then.
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Old 07-02-2008, 02:15 PM
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Given that sentence, I assume it was a parole violation. (There's no other way to get a 9 month CDCR sentence.) He'd get credits for the 2 weeks credit, unless that time went towards a different case and that other case wasn't the subject of the violation. He also gets credits for his transportation from the local jail to CRCR Reception.
The difficulty in extimating a release date is whether CDCR will given him any conduct credits prior to arrival at reception. They don't have to, but I hear things may be changing.
Being conservative, including transportation time, he'd have around 4 weeks credit if it took him a couple of weeks to be shipped to CDCR Reception. At 50%, that'd leave around 4 mos. to serve. Yes, CDCR uses a 30 day month, so that'd be 120 days.

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Originally Posted by coffeegirl View Post
my fiance was picked up on May 20th. they sentenced him to 9 months with half, he was in county for 2 weeks and then to wasco. do they count the months as thirty days or what? i did adding in two ways and came up with two different release dates. this odd month with half time really has me confused. can someone help me figure out an approximate relaease date. our son is turning 1 on sept 19, i know he won;t be home for that, but i would like to figure out something to ease my mind.
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  #10  
Old 07-03-2008, 10:49 AM
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Default Credits-Gryphon

Thank you, Gryphon. My son had a felony DUI with GBI. First offense, no strike. Received 1 year county (served) released to rehab, did not complete. Ordered to serve the 5 yr suspended sentence.
He's taking college courses and attending SAP. Should he get extra credit for that? Thank's for your help. Mamalala
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Old 07-03-2008, 04:14 PM
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No extra credit for anything, ever. Not unless teh law changes.
However, SAP can get inmates out of theoir housing and into housing with "a better class of inmate". That happens at the very tail end of their sentence if it is going to happen. I noticed that there's an SAP discussion thread in the CA forum.
In injury would almost certainly make this a violent crime, to be served at 85% (15% conduct credits). The reason for some uncertainty is the subtle distiction between Serious Bodily Injury and Great Bodily Injury. Sparing you an excruciatingly detailed legal argument, it boils down to a near certainty that he's getting 15%.

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Originally Posted by mamalala View Post
Thank you, Gryphon. My son had a felony DUI with GBI. First offense, no strike. Received 1 year county (served) released to rehab, did not complete. Ordered to serve the 5 yr suspended sentence.
He's taking college courses and attending SAP. Should he get extra credit for that? Thank's for your help. Mamalala
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Old 07-05-2008, 09:32 PM
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Gryphon you seem to know so much I'm not sure if you could help me but I would really appreciate any help...my husband turned himself in on 12/11/06 and got sentenced on 12/22/06 was in the county jail until 1/28/2007 late night...then went to reception either the 28th or 1/29/07 then was taken out of reception and got to centinela state prison on 4/5/07.....

His crime is evading arrest casing GBI or death (it was a bodily injury, how that goes into the same category as death blows my mind but anyway...) he got sentenced to 5 years with 1/2 time, so 2.5 years and his release date is 6/23/2009...shouldn't it be a little bit earlier??? Even just a week or two works for me lol

He put in a request for the case analyst in the beginning of May and has yet received a response... what do you think???

Thank you so much!
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Old 07-08-2008, 06:44 PM
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Sounds like 11 days plus 4 days conduct crdit for local pre-sentence credits; equals 15 days.
Sounds like 36 days credit during transport. (He at a minimum gets day for day credits.)
Total pre CDCR credits are 51 days.
5 years is 1800 days (using the CDCR's 30 day month) minus 51 days equals 1749 days to serve as of 1/29/07. At 1/2 time, that is 875 days until the 1st eligible parole date, or 2 years 145 days. That makes his out date around 6/22/09 by my quick count; (and I'm sorry to say CDCR's date is just 1 day different from my numbers.)
The only way I see it getting better is if he were to reccieve conduct credits during transport; which I've heard rumors about but which I haven't been able to confirm. Doing so would require a reinterpretation of when CDCR conduct credits begin.
I also see possible danger. If injuries were serious, this could have been "violent", in the same way a DUI with injuries can be violent. Violent crime should only recieve 15% conduct credits, not 50%. I hope a review doesn't cause him to lose credits.

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Originally Posted by jessnjoey View Post
Gryphon you seem to know so much I'm not sure if you could help me but I would really appreciate any help...my husband turned himself in on 12/11/06 and got sentenced on 12/22/06 was in the county jail until 1/28/2007 late night...then went to reception either the 28th or 1/29/07 then was taken out of reception and got to centinela state prison on 4/5/07.....

His crime is evading arrest casing GBI or death (it was a bodily injury, how that goes into the same category as death blows my mind but anyway...) he got sentenced to 5 years with 1/2 time, so 2.5 years and his release date is 6/23/2009...shouldn't it be a little bit earlier??? Even just a week or two works for me lol

He put in a request for the case analyst in the beginning of May and has yet received a response... what do you think???

Thank you so much!
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Old 07-08-2008, 07:59 PM
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Gryphon, can you please tell me when my husband will be released?
Thank you in advance.
My husband was arrested on 4/25/08 for a new case. He was sentenced to five years and told he would do 80 percent. On 5/6/08 and he was given CREDIT FOR TIMED SERVED (12 ACTUAL + 6 CONDUCT) FOR A TOTAL OF 18 DAYS. He arrived at CDCR on 5/23/08 when should I expect him home thanks.
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Old 07-08-2008, 11:48 PM
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Okay I'm going to jump on the train and ask for your help too Gryphon.

My husband got arrested on 4/18/08. Went for sentencing on 6/04/08 where they gave him 16 months with (48 ACTUAL + 24 CONDUCT) FOR A TOTAL OF 72 DAYS credit. He will serve 50%. He arrived in reception on 6/18/08. When will he come home? Thanks in advance.
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Old 07-10-2008, 11:39 AM
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5 yrs. minus 18 days local conduct credit is 4 yrs. 347d.
347d. minus transport time of 16d. is 4 yrs. 331 days to serve on arrival at CDCR Reception.
4 yrs. 331d. is 1791d. 80% is 1433d. to serve.
1433d. is 3 yrs. 338d. to serve as of arrival at reception (5/23/08).
Out date is approximately mid May 2012 if I counted that correctly. I didn't double check my numbers, and I didn't count out the days until 1st eligible release date exactly, so you'll want to go back through my math.

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Gryphon, can you please tell me when my husband will be released?
Thank you in advance.
My husband was arrested on 4/25/08 for a new case. He was sentenced to five years and told he would do 80 percent. On 5/6/08 and he was given CREDIT FOR TIMED SERVED (12 ACTUAL + 6 CONDUCT) FOR A TOTAL OF 18 DAYS. He arrived at CDCR on 5/23/08 when should I expect him home thanks.
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Old 07-10-2008, 11:58 AM
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Quote:
Originally Posted by misssusiequsie View Post
Okay I'm going to jump on the train and ask for your help too Gryphon.

My husband got arrested on 4/18/08. Went for sentencing on 6/04/08 where they gave him 16 months with (48 ACTUAL + 24 CONDUCT) FOR A TOTAL OF 72 DAYS credit. He will serve 50%. He arrived in reception on 6/18/08. When will he come home? Thanks in advance.
16 mos. minus (72d. local credits plus 13d. transport credits) is 16 mos. minus 85d.
16 mos. will be calculated as 16 times 30. That is a total of 480 days.
480 minus 85 is 395 days to serve on arrival at CDCR Reception.
At 50%, that's 198 days to serve as of 6/18/08. 1/31/09 would then be teh earliest eligible release date..
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Old 07-10-2008, 02:54 PM
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Your so good at this, Maybe you could help me. My brother was arrested Aug 15th 2004 spent 5 days in coustody. He plead no contest to 1 count lewd act with minor under 14. sentanced Feb. 15, 2005 He got 10 yrs at 85% he was in reception 68 days
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Old 07-10-2008, 08:21 PM
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[quote=SisterOfInmate;3833520]Your so good at this, Maybe you could help me. My brother was arrested Aug 15th 2004 spent 5 days in coustody. He plead no contest to 1 count lewd act with minor under 14. sentanced Feb. 15, 2005 He got 10 yrs at 85% he was in reception 68 days[/quote

You don't say how long it took to transport him to prison after sentencing, so I'll estimate that as 21 days.
10 yrs is 3650 days, minus 26 days (local credit plus transport credit)= 3624 days.
At 85% once at CDCR Reception, 3624 x .85= 3081d.
3081d. is 8 yrs. 161d. to serve counting from his arrival at CDCR Reception (around 3/2/05), so Earliest Release Date is approximated at 8/10/2013.
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Old 07-13-2008, 06:21 PM
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Default First Eligible Release Date

Quote:
Originally Posted by Gryphon View Post
5 yrs. minus 18 days local conduct credit is 4 yrs. 347d.
347d. minus transport time of 16d. is 4 yrs. 331 days to serve on arrival at CDCR Reception.
4 yrs. 331d. is 1791d. 80% is 1433d. to serve.
1433d. is 3 yrs. 338d. to serve as of arrival at reception (5/23/08).
Out date is approximately mid May 2012 if I counted that correctly. I didn't double check my numbers, and I didn't count out the days until 1st eligible release date exactly, so you'll want to go back through my math.

Gryphon, not sure how to get first eligible release date. Thank you in advance.
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Old 08-12-2008, 03:18 AM
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okay i'm kinda new to this I was wondering if anyone could help me figure out how much time my husband has left. okay he was sent in to west valley detention center on june 27 and only had two days time served and he was sentenced to 16 months at 50% time and was transferred to tehachapi for reception on july 15. now i've heard that in reception you get 10 days for every 20 days served. but then i heard that wasn't the case any more and i just needed to find out a possible date he could be home. oh and on the date of his surrender the judge said he'd reduce it down from eight months to six, but we haven't seen any paper work on that as of yet to know if it's official. thanx for any help you might be able to give.
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Old 08-13-2008, 12:14 PM
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I responded to your PM.
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Originally Posted by cndturtle View Post
okay i'm kinda new to this I was wondering if anyone could help me figure out how much time my husband has left. okay he was sent in to west valley detention center on june 27 and only had two days time served and he was sentenced to 16 months at 50% time and was transferred to tehachapi for reception on july 15. now i've heard that in reception you get 10 days for every 20 days served. but then i heard that wasn't the case any more and i just needed to find out a possible date he could be home. oh and on the date of his surrender the judge said he'd reduce it down from eight months to six, but we haven't seen any paper work on that as of yet to know if it's official. thanx for any help you might be able to give.
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Old 08-15-2008, 03:08 AM
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Question Me too please

Okay he was arrested on a parole violation on 7/3/08.
He was sentenced to 5 months with half
He went from county to DVI on 7/28/08.

Could you let me know his release date. I dont understand the whole half time and third time. He wrote and said he thinks he is getting out on 9/21/08 but he is not sure.

Thank you so much for your help in advance.
Cat
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Old 08-15-2008, 11:57 AM
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Default Attn. JLS

Do you mean a 5 month sentence, and he'll be getting hLf time applied towards that (or do you mean a 10 mo. sentence, reduced to 5 mos. because of half time)?
For a more precise answer ask if JLS knows when 50% begins on a violation. I'm not 100% sure whether on a violation CDCR is now giving 50% from the date of arrest (and subsequent local housing pending the violation hearing), or whether they are waiting until arrival at CDCR.

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Okay he was arrested on a parole violation on 7/3/08.
He was sentenced to 5 months with half
He went from county to DVI on 7/28/08.

Could you let me know his release date. I dont understand the whole half time and third time. He wrote and said he thinks he is getting out on 9/21/08 but he is not sure.

Thank you so much for your help in advance.
Cat
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Old 08-15-2008, 12:21 PM
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Default Jls?

Oh boy I am so new to this I dont know what JLS is.

He was sentenced to 5 months and he only has to do half of it. From what I understand half time started when he got to DVI on the 28th. He said he 7/3/08 to 7/27/08 counted as third time. I hope this makes sense to you cause I am soooooo lost.
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