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  #1  
Old 12-02-2017, 12:32 PM
1nmat3_wife 1nmat3_wife is offline
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Default How long will he serve on a 3 year sentence with 85%?

My husband was sentenced to 3 years with 85% for robbery. With the new laws, will he only serve 66% or how much time can we expect him to serve?
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Old 12-02-2017, 02:54 PM
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My husband was sentenced to 3 years with 85% for robbery. With the new laws, will he only serve 66% or how much time can we expect him to serve?

Below is a few of the credit earning options he may qualify for You say robbery . Was weapon used? if so, it would be considered a violent offense
Would do 80% of the three years Which is roughly 28 months + a few days
Now county time would come off this sentence also.

You may want to read this information here on page 3


Violent offense -- determinate or indeterminate sentence 20% credit earning
Non-violent offense – determinate sentence 50% credit earning
Violent offense – determinate sentence -- firefighters or in fire camp 50% credit earning
Non-violent offense – determinate sentence – firefighters or in fire camp 66.6% credit earning
Non-violent offense –Minimum A or Minimum B custody 66.6% credit earning
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Last edited by Patrickj; 12-02-2017 at 03:02 PM..
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Old 12-02-2017, 03:35 PM
1nmat3_wife 1nmat3_wife is offline
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Default How long will he serve on a 3 year sentence with 85%?

I believe its just robbery he had to plead guilty to. Its all bogus because he didnt do it but he took the plea to avoid a 3 strikes case. So i think its just robbery. The judge sentenced him to 3 years with mandatory 85%, but he called me and asked i look into the new laws that threw out the 85% and he is under the impression its 66%, plus whatever programs/credits he can earn. He seems to think he can get it down to 33% POSSIBLY. We aren't sure, and our lawyer is soooo under qualified for this case.
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Old 12-03-2017, 01:10 AM
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I believe its just robbery he had to plead guilty to. Its all bogus because he didnt do it but he took the plea to avoid a 3 strikes case. So i think its just robbery. The judge sentenced him to 3 years with mandatory 85%, but he called me and asked i look into the new laws that threw out the 85% and he is under the impression its 66%, plus whatever programs/credits he can earn. He seems to think he can get it down to 33% POSSIBLY. We aren't sure, and our lawyer is soooo under qualified for this case.
He took a deal to avoid a 3 strikes case.Would this case have been his first strike case, without this deal you speak of? Has he ever been to prison before?
OK. So you looked at the new laws that threw out 85%. What law are you referring to? The credit earning schedule that I listed above pertains to Prop. 57. This information is current as of 7/19/2017. If you have read something more current then that. Would you please share that information, so that I may review it also. In order to get it 66.6% credit earning rate it must be a non-violent offense , then he must have minimum custody A or Minimum custody B. Without more clarity on his controller it is going to be just a big guessing game.

This foot note from the link that I listed in my other post may help you understand how credit earning work:
 “15%” credit means a prisoner gets credit for 15 percent of the days actually served, and
ends up serving about 85% of the actual time imposed.
 “20%” credit means a prisoner gets credit for 20% of the days actually served (one day credit for four days served) and ends up serving about 80% of the actual time imposed).
 CDCR's "33.3%” credit means a prisoner gets credit for 33.3% of the days actually served (one day credit for two days actually served) and ends up serving about 66.7% of the actual time imposed.
 BUT CDCR's "50%” credit does NOT mean a prisoner gets credit for 50% of days actually served. Rather, a prisoner gets credit for 100% of days served (day-for-day) and the prisoner ends up serving 50% of the actual time imposed (sometimes referred to as "half-time”)
 Similarly, CDCR's "66.6%” credit does NOT mean a prisoner gets credit for 66.6% of days actually served. Rather, a prisoner gets credit for 200% of days served (two-for-one) and the prisoner ends up serving about 33.3% of the actual time imposed
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Old 12-03-2017, 01:18 AM
1nmat3_wife 1nmat3_wife is offline
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Default How long will he serve on a 3 year sentence with 85%?

He has done 6 years in the past, in Colorado/Utah. Because of his past, the DA offered the 3 year plea, if he didnt take it, she would make it a strikes case based on his past.
I havent found any new laws about the 85%, he is telling me this from hearing stuff on the inside. He is saying the CA prison system is overcrowded so they are letting 85%'ers go at 66%. Like i said, i do not have an understanding of all this. I have been looking for the "new laws" he was telling me about and havent been able to find it. I have found Pro[ 57 like you mentioned. What "controller" are you referring to? I will try and ask him specific questions when i talk to him this week. Im new to this, im sorry, im trying to make sense of it all.






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He took a deal to avoid a 3 strikes case.Would this case have been his first strike case, without this deal you speak of? Has he ever been to prison before?
OK. So you looked at the new laws that threw out 85%. What law are you referring to? The credit earning schedule that I listed above pertains to Prop. 57. This information is current as of 7/19/2017. If you have read something more current then that. Would you please share that information, so that I may review it also. In order to get it 66.6% credit earning rate it must be a non-violent offense , then he must have minimum custody A or Minimum custody B. Without more clarity on his controller it is going to be just a big guessing game.

This foot note from the link that I listed in my other post may help you understand how credit earning work:
 “15%” credit means a prisoner gets credit for 15 percent of the days actually served, and
ends up serving about 85% of the actual time imposed.
 “20%” credit means a prisoner gets credit for 20% of the days actually served (one day credit for four days served) and ends up serving about 80% of the actual time imposed).
 CDCR's "33.3%” credit means a prisoner gets credit for 33.3% of the days actually served (one day credit for two days actually served) and ends up serving about 66.7% of the actual time imposed.
 BUT CDCR's "50%” credit does NOT mean a prisoner gets credit for 50% of days actually served. Rather, a prisoner gets credit for 100% of days served (day-for-day) and the prisoner ends up serving 50% of the actual time imposed (sometimes referred to as "half-time”)
 Similarly, CDCR's "66.6%” credit does NOT mean a prisoner gets credit for 66.6% of days actually served. Rather, a prisoner gets credit for 200% of days served (two-for-one) and the prisoner ends up serving about 33.3% of the actual time imposed
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Old 12-03-2017, 02:17 PM
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Originally Posted by 1nmat3_wife View Post
He has done 6 years in the past, in Colorado/Utah. Because of his past, the DA offered the 3 year plea, if he didnt take it, she would make it a strikes case based on his past.
I havent found any new laws about the 85%, he is telling me this from hearing stuff on the inside. He is saying the CA prison system is overcrowded so they are letting 85%'ers go at 66%. Like i said, i do not have an understanding of all this. I have been looking for the "new laws" he was telling me about and havent been able to find it. I have found Pro[ 57 like you mentioned. What "controller" are you referring to? I will try and ask him specific questions when i talk to him this week. Im new to this, im sorry, im trying to make sense of it all.
OK What he is repeating nothing but the prison rumor mill( pure B.S.)
With him saying about the 85% going to 66% I am going to assume he is doing a violent offense commitment. Which in turn means he will do 80% of this 3years which is about 28months and a few days minus county time.
The deal he took also meant they will not pick up his out state prison prior With this deal they gave him the mid term for robbery in the second degree Pretty standard term for robbery in this state. From what you have told me so far I will assume no firearm was used . Use of a firearm would add additional time to his sentence if one was used
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Old 12-03-2017, 05:39 PM
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He was recommended by the judge to do fire camp, however, he has been placed in SNY at GB. Does this eliminate the possibility of fire camp? He has a court hearing still to determine restitution amount on this case...will he not transfer from GB to a classification center until its complete? If he gets into fire camp is that more time of the 28 weeks? Time served in county jail is the exact time that will be taken off of sentence?
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Old 12-03-2017, 11:25 PM
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He was recommended by the judge to do fire camp, however, he has been placed in SNY at GB. Does this eliminate the possibility of fire camp? He has a court hearing still to determine restitution amount on this case...will he not transfer from GB to a classification center until its complete? If he gets into fire camp is that more time of the 28 weeks? Time served in county jail is the exact time that will be taken off of sentence?


A judge’s recommendation for fire camp is only that: a recommendation. If he’s on SNY he’s not likely to wind up in a Fire Camp.
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