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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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  #101  
Old 04-21-2009, 12:20 AM
Gryphon Gryphon is offline
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If the crime wasn't "violent, and if he didn't admit to having a strike enhancement, then he gets 50% once he gets to CDCR reception, and he gets 65% conduct credits if he goes to firecamp. He'd only get approximately 33% conduct credits for local jail time.
18 days local credit means 6 conduct credits. He'd also get at least day for day credits from sentencing until arrival at CDCR. These credits are subtracted from his sentence, and then he does 50% of the balance once he arrives at CDCR.

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Originally Posted by Jonsgurl View Post
Do inmates get different credit for the time spent in jail versus time prison? My bf keeps saying something about 2/3time in jail and his 50% doesnt start until he in prison? He is waiting to go upstate but has no idea how everything is calculated and he keeps hearing different things.

Also how do know how much time served credit he has recieved? My bf was arrested on 3/29 sentanced on 4/15 to 10 months with 50%.

In addition the inmate information system does not indicate a release date for him, when is that updated?
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  #102  
Old 04-21-2009, 10:33 AM
vnessa143 vnessa143 is offline
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Got it! He seems to think that up until his transfer he will be geting 2/3 time... is there any truth to that?
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  #103  
Old 04-22-2009, 12:53 PM
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Okay, here is mine if all goes according to the way it was supposed to go:

Sentenced on 11/22/09 to 2 years with 50%
Got 91 actual days plus 41 credit as of 11/22/08
Sent to CCI on 1/1/09

I calculate release date of September 12, 2009. Did I do it right?
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  #104  
Old 05-11-2009, 07:25 AM
sylviayalex827 sylviayalex827 is offline
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Default help me findout my husbands release date

he was arrested on april 1st 2009 then was sentenced to 16 months with half on april 27th 2009 he left to DVI State Prison in Tracy CA. so when is or about the day he will be home
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  #105  
Old 05-30-2009, 11:10 AM
Mercene Mercene is offline
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I have been reading these calculations to try and figure out my daughters release date and I'm confused. I even tried a calculator. To think, I passed college algebra. My daughter was sentenced to 16 months on 5/29/09, they gave her 4 months credit. She is supposed to do 50%. My thinking is 50% of 16 months is 8 months, she has credit for 4 months, that would leave 4 months. Am I even close? Then I hear they are doing 33%, not 50%, which of course I think is just wishful prison thinking. Can anyone help? I am raising her 2 small children. The baby probably won't remember her but the 4 year old is asking questions. I just tell her she's in school. I think that was stupid of me because now she doesn't want to go to school, she thinks she won't come home.

Please help me. I work for the courts and still can't figure this out!
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  #106  
Old 05-30-2009, 11:37 AM
DavidsGirl4Ever DavidsGirl4Ever is offline
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Quote:
Originally Posted by Mercene View Post
I have been reading these calculations to try and figure out my daughters release date and I'm confused. I even tried a calculator. To think, I passed college algebra. My daughter was sentenced to 16 months on 5/29/09, they gave her 4 months credit. She is supposed to do 50%. My thinking is 50% of 16 months is 8 months, she has credit for 4 months, that would leave 4 months. Am I even close? Then I hear they are doing 33%, not 50%, which of course I think is just wishful prison thinking. Can anyone help? I am raising her 2 small children. The baby probably won't remember her but the 4 year old is asking questions. I just tell her she's in school. I think that was stupid of me because now she doesn't want to go to school, she thinks she won't come home.

Please help me. I work for the courts and still can't figure this out!
Your calculations seem right to me. As for 33%, that IS wishful thinking right now. There has been no cut to the time yet but we are all crossing our fingers and saying our prayers.

It's hard when little kids are involved because it's tough for them to understand. We have a 2 year old and my husband was arrested right after her 1st birthday. Take them to visit if you can and show them pictures all the time. I tell my daughter stories about her daddy all the time and she talks to him on the phone every night.

I applaud you for what you are doing.
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  #107  
Old 05-30-2009, 01:18 PM
dodgerluvr1 dodgerluvr1 is offline
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Actually it is not wishful thinking. My friends brother was sentened at the end of March, and was given 3 years with all his jail time credit and such. he is coming home on July 29th. I do not remember the exact dates and all that he was given but in total he is only doing a little over 5 months.

Quote:
Originally Posted by Mercene View Post
I have been reading these calculations to try and figure out my daughters release date and I'm confused. I even tried a calculator. To think, I passed college algebra. My daughter was sentenced to 16 months on 5/29/09, they gave her 4 months credit. She is supposed to do 50%. My thinking is 50% of 16 months is 8 months, she has credit for 4 months, that would leave 4 months. Am I even close? Then I hear they are doing 33%, not 50%, which of course I think is just wishful prison thinking. Can anyone help? I am raising her 2 small children. The baby probably won't remember her but the 4 year old is asking questions. I just tell her she's in school. I think that was stupid of me because now she doesn't want to go to school, she thinks she won't come home.

Please help me. I work for the courts and still can't figure this out!
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  #108  
Old 05-30-2009, 03:27 PM
Mercene Mercene is offline
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Thank you for responding. Do you take your daughter to visit? My daughter is still in county and I won't bring the kids there. It's dirty and I don't want them to see her through glass. Does you daughter know her father? Damn, this is so hard.
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  #109  
Old 05-30-2009, 03:30 PM
dodgerluvr1 dodgerluvr1 is offline
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Yes, they get one for one, two for one or 3 for one. Meaning, for every day he spent in the county he could possibly get 3 days. So if he spent 90 days in, he will get a total of 270 days credit if given 3 for 1.

Quote:
Originally Posted by Jonsgurl View Post
Do inmates get different credit for the time spent in jail versus time prison? My bf keeps saying something about 2/3time in jail and his 50% doesnt start until he in prison? He is waiting to go upstate but has no idea how everything is calculated and he keeps hearing different things.

Also how do know how much time served credit he has recieved? My bf was arrested on 3/29 sentanced on 4/15 to 10 months with 50%.

In addition the inmate information system does not indicate a release date for him, when is that updated?

Last edited by dodgerluvr1; 05-30-2009 at 03:40 PM..
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  #110  
Old 05-30-2009, 03:38 PM
dodgerluvr1 dodgerluvr1 is offline
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It depends, how many days of credit was he given in the county. It sounds like this is his first time. Was he given 2 for 1 credits, 3 for 1. Lets say he was given two for one credits. He was arrested on the 1st, sent to prison on the 27, thats 26 days. If 2 for 1, he has credit for 52 days.

Totals days to serve.................. 487..................... 16 months
Total county time given............... 52..................... if given 2 for 1
totals............ 435.................... Days left to serve

Now figure it out 50% x 435 = 217 days left good scenario
65% X 435 = 283 alright scenario
80% x 435 = 348 worse scenario

like I said, I am assuming this is his first time and he will more than like only serve, 35% of his 50% sentence..... which is about 76 days. But to give you a batter answer, we need more info. Hope this makes sense.



Quote:
Originally Posted by sylviayalex827 View Post
he was arrested on april 1st 2009 then was sentenced to 16 months with half on april 27th 2009 he left to DVI State Prison in Tracy CA. so when is or about the day he will be home

Last edited by dodgerluvr1; 05-30-2009 at 03:39 PM..
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  #111  
Old 05-30-2009, 04:17 PM
DavidsGirl4Ever DavidsGirl4Ever is offline
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Quote:
Originally Posted by Mercene View Post
Thank you for responding. Do you take your daughter to visit? My daughter is still in county and I won't bring the kids there. It's dirty and I don't want them to see her through glass. Does you daughter know her father? Damn, this is so hard.
You are very welcome! Yes, I take my daughter to visit her dad every other weekend and she loves it. Of course he spoils her with all kinds of candy and juice and I let him do it because it is all he can do right now. The prison my husband is at has a playground and he takes her down the slide and she will tell anyone who listens how her daddy took her on the slide and she says "weeeeee". She is young enough that she does not understand where she is at...all she knows is that she is with her daddy and that's all that matters.
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  #112  
Old 05-30-2009, 10:30 PM
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babiegirlsmith babiegirlsmith is offline
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My husband went into county jail 1-8-09
He was sentenced for his first offence May 7,09 to 5 years with 85%
The Judge did say he would give another 15% for good behavior in prision
Everyone Iv talk to says there have never heard of that or it never happens.
On May 7,09 a 5 year sentence with 85% he was only given 128 days credit I thought they got more credit in county jail. May 22,09 he was transford to d.v.i.
Can you help me with a date he might get out?
Also what are the rules for visits by people that have a feloney 1992 Does it take longer for them to be aproved or will they be denied ? Thank you
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  #113  
Old 05-30-2009, 11:49 PM
dodgerluvr1 dodgerluvr1 is offline
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Your man was in county for 4 monts, sometimes they ony get 1 for 1 credit.
Quote:
Originally Posted by babiegirlsmith View Post
My husband went into county jail 1-8-09
He was sentenced for his first offence May 7,09 to 5 years with 85%
The Judge did say he would give another 15% for good behavior in prision
Everyone Iv talk to says there have never heard of that or it never happens.
On May 7,09 a 5 year sentence with 85% he was only given 128 days credit I thought they got more credit in county jail. May 22,09 he was transford to d.v.i.
Can you help me with a date he might get out?
Also what are the rules for visits by people that have a feloney 1992 Does it take longer for them to be aproved or will they be denied ? Thank you
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  #114  
Old 06-04-2009, 09:30 PM
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first of all hello to everyone and nice to meet you. My name's liset
my friend's sentencing date is 5/11/09 and was sentenced to 6 years half time [3] how can i find out the release date or at least year?
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  #115  
Old 06-04-2009, 09:41 PM
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Mercene, It sounds like the 33% is the credit she got for jail time, since that's what it's calculated at...how long was she in county? If she was in county four months (120 days), she'd get 33% of that time in actual credit: 36 days of credit towards her prison sentence.

Example: Sentence of 16 months (aprx 480 days), less 36 days jail credit and 120 days actual jail time =
294 days @ 50% leaves 147 days left to serve (about 5 months).
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Last edited by kima; 06-04-2009 at 09:50 PM..
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  #116  
Old 06-07-2009, 07:56 PM
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ok my trun- i've seen it but i dont understand where you guys are gettinf the 50% or 85% subtracted from. my husband was just sentenced to 35 years. this is his 2nd Attemped murder. (strike 2 !) so i didnt hear or see anything about a min.amount due to be served. what are the chances or what can we do to get him out early? can we take it back to court later with a lawyer? to appeal? please help im so confused........................
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  #117  
Old 06-07-2009, 08:48 PM
dodgerluvr1 dodgerluvr1 is offline
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Because he is a 2nd striker he is automatically sentenced to 85%. First timer's are sentence at 50%.
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ok my trun- i've seen it but i dont understand where you guys are gettinf the 50% or 85% subtracted from. my husband was just sentenced to 35 years. this is his 2nd Attemped murder. (strike 2 !) so i didnt hear or see anything about a min.amount due to be served. what are the chances or what can we do to get him out early? can we take it back to court later with a lawyer? to appeal? please help im so confused........................
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  #118  
Old 06-08-2009, 08:57 PM
Gryphon Gryphon is offline
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On an 85% crime (violent felony by definition), he only gets 15% conduct credit in both the county jail and state prison. he doesn't get more credit in the county jail when it is an 85% crime.
Conduct credits ALWAYS happen as a matter of law. They are not a subject of discretion in CA.
He'll therefore do 85% of the 5 years, and you can calculate the out date from the date of his arrest.

Quote:
Originally Posted by babiegirlsmith View Post
My husband went into county jail 1-8-09
He was sentenced for his first offence May 7,09 to 5 years with 85%
The Judge did say he would give another 15% for good behavior in prision
Everyone Iv talk to says there have never heard of that or it never happens.
On May 7,09 a 5 year sentence with 85% he was only given 128 days credit I thought they got more credit in county jail. May 22,09 he was transford to d.v.i.
Can you help me with a date he might get out?
Also what are the rules for visits by people that have a feloney 1992 Does it take longer for them to be aproved or will they be denied ? Thank you
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  #119  
Old 06-08-2009, 09:06 PM
Gryphon Gryphon is offline
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Attempted murder is a violent felony per PC 667.5(c), so it is an 85% crime.
There is no opportunity to get out early under existing CA law, other than the conduct credits he's allowed to earn by statute.
If this was a plea bargain, he likley waived his right to appeal. He'd still be able to Writ if there is a suitable issue (based on some sort of Constitutional error). If he was convicted after trial, appeal is automatic once the Notice of Appeal is filed.

Quote:
Originally Posted by juicebox View Post
ok my trun- i've seen it but i dont understand where you guys are gettinf the 50% or 85% subtracted from. my husband was just sentenced to 35 years. this is his 2nd Attemped murder. (strike 2 !) so i didnt hear or see anything about a min.amount due to be served. what are the chances or what can we do to get him out early? can we take it back to court later with a lawyer? to appeal? please help im so confused........................
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  #120  
Old 06-09-2009, 12:28 AM
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Ok My turn LOL

sentenced april 22nd to 4 years at 50%. Got 364 days credit. Approx release???? Thanks
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  #121  
Old 06-09-2009, 01:05 AM
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Ok My turn LOL

sentenced april 22nd to 4 years at 50%. Got 364 days credit. Approx release???? Thanks
He gets some additional credit from sentencing until CDCR arrival. Lets say that is 4 weeks. If so, he has a year and 1 mo. credit on arrival at CDCR, and then serves 50% of the balance of 1 yr. 11 mos to serve; or 11 mos. 2 wks.from arrival at CDCR.
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  #122  
Old 06-09-2009, 02:06 AM
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On a 4 year case, with a years credit (364 days) plus another month credit until he arrives at CDCR reception (13 months total credit), He will have about 2 years 11 months remaining at 50% which is 1 year 5 1/2 months from reception.
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  #123  
Old 06-11-2009, 03:04 PM
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What if they do not pick up from county? what happens? My son has 16 months at 50%. feb 17th sentence with 282 days credit. he has been in county for 10 months. if they pick him up this month or never pick him up. this is making me feel sick.
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  #124  
Old 06-11-2009, 08:20 PM
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Quote:
Originally Posted by Ja MOM View Post
What if they do not pick up from county? what happens? My son has 16 months at 50%. feb 17th sentence with 282 days credit. he has been in county for 10 months. if they pick him up this month or never pick him up. this is making me feel sick.
I think that he's most likley end up serving longer, but not at prison.

It is clear that he gets 50% conduct credits once he arrives at CDCR. It is clear that up until sentencing he gets around 33% conduct credits.
However, I think he should only get day for day credits from sentencing until arrival at CDCR. Despite this, I've been told that CDCR has at least sometimes calculated good time credits from sentencing until CDCR arrival; and that makes it possible that he'll get conduct credit for his post-sentence county jail time. I can't give you authority for why he ought to get conduct credit because there isn't any. If they are giving conduct credit post-senencing and pre-arrival at CDCR it'd be a new interpretation of when CDCR custody happens.
He could be paroled from the local jail, or he could do his time and still not be released until he is transported.

Assuming he isn't serving another sentence, I'd say that the county jail never got his sentence abstract so he has no transporation orders. The sentencing court can fix that in 2 seconds, and if the trial lawyer can't get it done informally (it probably takes 2 phone calls, one to jail transportation and one to teh court) a court date can be set.
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  #125  
Old 06-11-2009, 09:52 PM
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Quote:
Originally Posted by Gryphon View Post
I think that he's most likley end up serving longer, but not at prison.

It is clear that he gets 50% conduct credits once he arrives at CDCR. It is clear that up until sentencing he gets around 33% conduct credits.
However, I think he should only get day for day credits from sentencing until arrival at CDCR. Despite this, I've been told that CDCR has at least sometimes calculated good time credits from sentencing until CDCR arrival; and that makes it possible that he'll get conduct credit for his post-sentence county jail time. I can't give you authority for why he ought to get conduct credit because there isn't any. If they are giving conduct credit post-senencing and pre-arrival at CDCR it'd be a new interpretation of when CDCR custody happens.
He could be paroled from the local jail, or he could do his time and still not be released until he is transported.

Assuming he isn't serving another sentence, I'd say that the county jail never got his sentence abstract so he has no transporation orders. The sentencing court can fix that in 2 seconds, and if the trial lawyer can't get it done informally (it probably takes 2 phone calls, one to jail transportation and one to teh court) a court date can be set.
Not doing any other sentence. Thank God! He has been Sp4 since May 24th. when he was sp3 the lasd site showed "both abstracts" I don't know what that means? he was on parole but they didn't violate him.
As for his lawyer I have called him 4 times and he doesn't return my calls. wish I couls get my $ back.
what is the longest they can keep him.....say if they pick him up end of June?
Thank You Gryphon
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