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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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  #51  
Old 08-27-2008, 04:04 PM
MRS.HALLIBURTON MRS.HALLIBURTON is offline
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Default Time Calculating

HELLO YOU HAVE BEEN VERY HELPFUL, AND WE GOT MY HUSBANDS TIME SITUATED...WHAT HE HAS IS 2 YEAR AT 85%.HE WAS ARRESTED 1-3-08, ARRIVED TO LANCASTER 2-14-09, AND GOT TO AVENAL 6-10-09, WHEN SHOULD I EXPECT HIM...THANKS FOR ALL YOUR HELP THEY WERE CONFUSING US WITH LIKE 3 DIFERENT DATES, THEY WERENT CLEAR IF HE GOT 50% OR 85 % BUT NOW WE KNOW...THANKS IS ADVANCE
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  #52  
Old 08-28-2008, 12:37 PM
MRS.HALLIBURTON MRS.HALLIBURTON is offline
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Default Calculating Time???

CAN YOU PLEASE HELP ME WE FINALLY GOT MY HSBAND TIME STRAIGHT AND HE GOT 2 YEARS WITH 85%.HE WAS ARREST 1-3-08 GOT TO LANCASTER REC 2-19-08 AND GOT TO AVENAL 6-14-08, OR AROUND THAT TIME, AND HE HAD 51 CREDIT.RIGHT NOW HE HAS 3 RELEASE DATES THEY HAVE GIVEN HIM 10-31-08 1-14-09 AND 4-29-08???WHICH ONE SHOULD I EXPECT HIM???HE HAS A PENDING 602 TO STRAIGHTEN THIS OUT BUT THEY ARE TAKING THERE TIME....THANKS IN ADVANCE
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  #53  
Old 09-02-2008, 07:28 AM
onparole onparole is offline
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Default Calculating Release date ?

If a person is sentenced in two cases to run concurrent and 1 is to be served at 85% while the other is 50%,How is tyhe total time calculated? Thanks
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  #54  
Old 09-02-2008, 07:40 AM
onparole onparole is offline
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more infoefendant pleaded no contest to
involuntary manslaughter (Pen. Code, § 192, subd. (b))1 and felony child endangerment
(§ 273a, subd. (a)) and to felony child endangerment Defendant admitted
personally inflicting great bodily injury (§ 12022.7, subd. (d)), as an
enhancement to the endangerment charge. She was sentenced to seven years four months
in prison, representing the lower term of two years for endangering four years for
personal infliction of great bodily injury (this is the 85%), and one year four months (one-third

the midterm) for endangering sentence on the involuntary manslaughter count was
stayed pursuant to section 654.
thanks for any help.
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  #55  
Old 09-02-2008, 04:03 PM
Gryphon Gryphon is offline
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If one charge caries 85%, then the entire sentence (including what otherwise would be 50%) runs at 85%.

Quote:
Originally Posted by onparole View Post
more infoefendant pleaded no contest to
involuntary manslaughter (Pen. Code, § 192, subd. (b))1 and felony child endangerment
(§ 273a, subd. (a)) and to felony child endangerment Defendant admitted
personally inflicting great bodily injury (§ 12022.7, subd. (d)), as an
enhancement to the endangerment charge. She was sentenced to seven years four months
in prison, representing the lower term of two years for endangering four years for
personal infliction of great bodily injury (this is the 85%), and one year four months (one-third

the midterm) for endangering sentence on the involuntary manslaughter count was
stayed pursuant to section 654.
thanks for any help.
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  #56  
Old 09-02-2008, 04:17 PM
Gryphon Gryphon is offline
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Using your numbers:
He wouldn't be getting 15% conduct credits from the date of sentencing until arrival at CDCR Reception. However, assuming he was transported to CDCR on the same date he was sentenced, he owed 270d. minus 108d (15% conduct credits) equals 612d. as of our theoretical arrival on 2/19/08 . That makes it around 10/29/09 ERD if I counted that correctly. It is unlikely that he has 9 mos. cerdit while awaiting transport, since 30 days is around average. That makes the likley release date in September '09, and the answer turns out to be "none of the above".

Quote:
Originally Posted by YAQIYM View Post
CAN YOU PLEASE HELP ME WE FINALLY GOT MY HSBAND TIME STRAIGHT AND HE GOT 2 YEARS WITH 85%.HE WAS ARREST 1-3-08 GOT TO LANCASTER REC 2-19-08 AND GOT TO AVENAL 6-14-08, OR AROUND THAT TIME, AND HE HAD 51 CREDIT.RIGHT NOW HE HAS 3 RELEASE DATES THEY HAVE GIVEN HIM 10-31-08 1-14-09 AND 4-29-08???WHICH ONE SHOULD I EXPECT HIM???HE HAS A PENDING 602 TO STRAIGHTEN THIS OUT BUT THEY ARE TAKING THERE TIME....THANKS IN ADVANCE
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  #57  
Old 09-03-2008, 11:23 AM
MiissQu33n MiissQu33n is offline
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Default Calculating Release Date

Hi,

well my boyfriend recently transferred to soledad CTF from NKSP on the 25th of Aug so since he has main lined im guessing he's doing his last 30 days an everyday count as 2days just not the weekend so would he be getting out on the 12th of this month ? thanks !
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  #58  
Old 09-03-2008, 12:30 PM
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it depends how many days he worked and whether he is 50% or 85%.
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  #59  
Old 09-04-2008, 01:07 AM
MiissQu33n MiissQu33n is offline
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He's 85% an he has been in since last year nov. of 07
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  #60  
Old 09-04-2008, 11:44 AM
MiissQu33n MiissQu33n is offline
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My boyfriend was sentenced 3years with 24 or 26 mayb 28 months credit and is posed to do 85% of 1 year he has been gone since the end of Nov. 2007 but he wasnt sentenced till jan 11, 2008 and he just now main line to the CTF on Aug 25th from bein in reception at NKSP so im guessing he's doing his last 30days an since every day count as 2days not including the weekend so would he get out on the 12th of this month he keeps saying i get out right after your birthday and to pick him up at the gray hound down town La station ...and my birthday is Sep 10...i guess he tryna surprise me but i start a new job on the 8th an i cant call off if he needs to be picked up if im at work there is some one else to pick him up but he was looking forward to me an so far it doesnt look like thats gonna happpen. but yes can sum one please help me with the release date THANKS!

Last edited by MiissQu33n; 09-04-2008 at 12:04 PM..
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  #61  
Old 09-05-2008, 09:12 PM
Gryphon Gryphon is offline
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Sorry, I can't follow what's happening sufficiently to estimate a release date. I can tell you that if he only gets 15% conduct crdit, that at no phase of his incarceration will he recieve more than 15%. He can't get 50% credit as you suggest.

If he in fact owed a year at 85%, he had to do 306 days as of 1/11/08; but he might have owed months less than that based on your possible numbers.
Also, he likely didn't recieve conduct credits for the transport time from sentencing until arrival at CDCR Reception. That means he likely does a little longer than those 306 (or whatever number it really is) days.

Quote:
Originally Posted by MiissQu33n View Post
My boyfriend was sentenced 3years with 24 or 26 mayb 28 months credit and is posed to do 85% of 1 year he has been gone since the end of Nov. 2007 but he wasnt sentenced till jan 11, 2008 and he just now main line to the CTF on Aug 25th from bein in reception at NKSP so im guessing he's doing his last 30days an since every day count as 2days not including the weekend so would he get out on the 12th of this month he keeps saying i get out right after your birthday and to pick him up at the gray hound down town La station ...and my birthday is Sep 10...i guess he tryna surprise me but i start a new job on the 8th an i cant call off if he needs to be picked up if im at work there is some one else to pick him up but he was looking forward to me an so far it doesnt look like thats gonna happpen. but yes can sum one please help me with the release date THANKS!
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  #62  
Old 09-07-2008, 10:44 AM
MiissQu33n MiissQu33n is offline
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i just need to know what would be 85% of one year starting from January 11,2008
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  #63  
Old 09-07-2008, 05:20 PM
frankyswifey frankyswifey is offline
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i posted once before but mine must have gotten overlooked i will try again =)


ok i need help too. My fiance was arrested 10/31/07....

he got 3 years with 85%

he had 187 days credit

he was sentenced 4/14/08

he reached reception on 4/23/08.

I hope thats enough information. thank u in advance
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He's HOME!!!! And what a ride it's been

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  #64  
Old 09-07-2008, 09:11 PM
greyjess greyjess is offline
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OK I've got some serious wishful thinking going on and my math is fuzzy. His charges total 52 months, but at sentencing we were told he would only do 26 months as part of a plea deal and stipulated sentence. Does this mean that he got the "breathing credit" from the start, or could he actually be home in 25% time (13 months)?

Thank you all for clarifying all of this for a newbie. This entire path isn't something I forsaw, but I'm grateful for places like this, where I don't have to hide so much and feel alright loving someone on the inside.
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  #65  
Old 09-07-2008, 11:08 PM
greyjess greyjess is offline
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Default Release date math

Quote:
Originally Posted by greyjess View Post
OK I've got some serious wishful thinking going on and my math is fuzzy. His charges total 52 months, but at sentencing we were told he would only do 26 months as part of a plea deal and stipulated sentence. Does this mean that he got the "breathing credit" from the start, or could he actually be home in 25% time (13 months)?

Thank you all for clarifying all of this for a newbie. This entire path isn't something I foresaw, but I'm grateful for places like this, where I don't have to hide so much and feel alright loving someone on the inside.
Sentenced and left on11/2/07
County jail till 11/7/07
Reception @ DVI till 3/23/08
placed since then

We were originally told 01/02/10, but I'm hoping for clarification and an explanation. Again THANK YOU SO MUCH
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  #66  
Old 09-08-2008, 01:27 PM
Gryphon Gryphon is offline
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I think they'll figure that as 360d., and 85% is 306d. Should be about 11/12/08.

Quote:
Originally Posted by MiissQu33n View Post
i just need to know what would be 85% of one year starting from January 11,2008
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  #67  
Old 09-08-2008, 01:31 PM
Gryphon Gryphon is offline
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What were is presentece credits (including conduct credits?)

What they meant was that if he is in fact 50% eligible (meaning it wasn't violent and there wasn't a strike enhancement), then he'll serve 50% once he gets to CDCR. However, he likely some credits deducted from the sentence because of the local time served prior to being sentenced.

Quote:
Originally Posted by greyjess View Post
OK I've got some serious wishful thinking going on and my math is fuzzy. His charges total 52 months, but at sentencing we were told he would only do 26 months as part of a plea deal and stipulated sentence. Does this mean that he got the "breathing credit" from the start, or could he actually be home in 25% time (13 months)?

Thank you all for clarifying all of this for a newbie. This entire path isn't something I forsaw, but I'm grateful for places like this, where I don't have to hide so much and feel alright loving someone on the inside.
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  #68  
Old 09-09-2008, 02:09 PM
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Default Release Date?

Hi Gryphon,
Can you possibly help me with an estimated release date for my husband because CTF gave him a release date of May 13, 2012 but I think it's way earlier than that.

Thank you so much for all your help.

Arrested: 01/06/2004

As of 07/11/2007 he had: 1290 (actual local time) + 645 (conduct credits) = 1935 (credit for time spent in custody). This is county jail time served.

07/28/07: Was transferred to San Quentin Reception.

03/05/08: Finally out of San Quentin Reception and now at CTF.
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  #69  
Old 09-10-2008, 08:27 AM
MiissQu33n MiissQu33n is offline
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85% of 1 year is 9months 40 weeks an 280 days minus tha weekends so i think i was right he should be out this FRIDAY since he was sentenced 3years with 2years credit an only having to sever one year starting 1/11/08
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  #70  
Old 09-10-2008, 11:08 AM
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im confused....my bf served 4yrs in county jail before getting sentenced to 28 yrs...and getting transferd to calipatria state....do they count time served in jail??? and is it 50% of sentenced or 85% since it was a criminal offense....???? i need an answer plzzz!!
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  #71  
Old 09-10-2008, 01:29 PM
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He gets credit for local time, including conduct credits, and that time is subtracted from his prison sentence, (unless that time was applied towards some other case).
The % of conduct credits earned in prison depends on whther the crime was violet (15%), or whether it was non-violent and strike enhanced (20%), or whether it was non-violent and no strike prior (50%), or whether it is 50% eligible but working in fire camp (65%).

Quote:
Originally Posted by SalazarsQueen View Post
im confused....my bf served 4yrs in county jail before getting sentenced to 28 yrs...and getting transferd to calipatria state....do they count time served in jail??? and is it 50% of sentenced or 85% since it was a criminal offense....???? i need an answer plzzz!!
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  #72  
Old 09-10-2008, 01:35 PM
Gryphon Gryphon is offline
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That's 1961 days credit as of arrrival at reception, and that number is subtracted from his sentence. You didn't mention what the sentence was, nor what it was for. The CDCR conduct credits percentage would depend on the nature of the crime (violent and 85%? Probably not given the local credit calculation) and whether it included a strike prior (80%). Otherwise he gets half time once he arrives at Reception and threafter (unless he gets firecamp and is 50% eligible, and then he begins to earn 65%).

Quote:
Originally Posted by rhocha View Post
Hi Gryphon,
Can you possibly help me with an estimated release date for my husband because CTF gave him a release date of May 13, 2012 but I think it's way earlier than that.

Thank you so much for all your help.

Arrested: 01/06/2004

As of 07/11/2007 he had: 1290 (actual local time) + 645 (conduct credits) = 1935 (credit for time spent in custody). This is county jail time served.

07/28/07: Was transferred to San Quentin Reception.

03/05/08: Finally out of San Quentin Reception and now at CTF.
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  #73  
Old 09-10-2008, 03:52 PM
rhocha rhocha is offline
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Gryphon....Sorry about that....I didn't realize I forgot that information until after I posted it.

Okay he got sentenced with 6 years for 1st degree burglary and a 5 year enhancement so he got 11 years with half time.

arrested 01/16/04

As of 07/11/2007 he had: 1290 (actual local time) + 645 (conduct credits) = 1935 (credit for time spent in custody). This is county jail time served.

07/28/07: Was transferred to San Quentin Reception.

03/05/08: Finally out of San Quentin Reception and now at CTF.
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  #74  
Old 09-11-2008, 01:23 PM
Gryphon Gryphon is offline
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11 years is 3960d. (they use a 30d. month.)
3960-1935= 2025.
2025-16d. (transportation credits)= 2009d. as of 7/28/07.
2009/2 (50% conduct credits, which is correct if the residence was unoccupied. Occupied is 15%) = 1005d. until 1st Eligible Release Date(from 7/28/07).
That's 2 years and 285d., or around 05/09/2010.

Quote:
Originally Posted by rhocha View Post
Gryphon....Sorry about that....I didn't realize I forgot that information until after I posted it.

Okay he got sentenced with 6 years for 1st degree burglary and a 5 year enhancement so he got 11 years with half time.

arrested 01/16/04

As of 07/11/2007 he had: 1290 (actual local time) + 645 (conduct credits) = 1935 (credit for time spent in custody). This is county jail time served.

07/28/07: Was transferred to San Quentin Reception.

03/05/08: Finally out of San Quentin Reception and now at CTF.
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  #75  
Old 09-12-2008, 10:45 AM
MiissQu33n MiissQu33n is offline
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Okay wait i need help for a P.o Violation Case

went to jail Nov 27, 2007

sentenced Jan 11,2008

was giving 26months Credit

Severing 85% of one year

would he be out today?
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