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Pennsylvania Parole, Probation & Release All information relating to parole, probation or release in Pennsylvania should be posted here.

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  #1  
Old 03-16-2017, 10:27 AM
Imhishesmine Imhishesmine is offline
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So, my husband was denied parole. He was given a 1½ year hit, but he can apply for early parole 6 months early. Whatever that means... Anyhow, my question is this.

He is trying to get a transfer because he's so far from home (4½ hrs each way). He's a lvl 2 but it's been overridden to a lvl 4 due to an H code. He's had no misconducts in 8 yrs (been in 11½). So he's denied a transfer due to this lvl 4. So... since he graduates his last program (TC) on Friday he's talking to his councilor about the THU. That states you can be a lvl 4 so I assume that won't be an issue? Also, it says you have to be 6 months to 9 months of your min. to apply, since he was denied parole his min. has changed. With the being able to apply 6 months early and being denied parole in the first place is he still able to apply??? And one last question. IF all else fails I'd like to try and help have this H code removed so he can be a lvl 2 where he should be. Does anyone know how or who to go through in Mechanicsburg? He's gone though 8 yearly reviews and every year they refuse to drop the H code.

Thanks in advance!
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Old 03-16-2017, 03:46 PM
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I can't answer your questions for PA, but keep checking back for replies....Bobble60 is usually online Sunday mornings and answers the PA threads
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Old 03-17-2017, 06:09 AM
waitinguntil001 waitinguntil001 is offline
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Quote:
Originally Posted by Imhishesmine View Post
So, my husband was denied parole. He was given a 1½ year hit, but he can apply for early parole 6 months early. Whatever that means... Anyhow, my question is this.

He is trying to get a transfer because he's so far from home (4½ hrs each way). He's a lvl 2 but it's been overridden to a lvl 4 due to an H code. He's had no misconducts in 8 yrs (been in 11½). So he's denied a transfer due to this lvl 4. So... since he graduates his last program (TC) on Friday he's talking to his councilor about the THU. That states you can be a lvl 4 so I assume that won't be an issue? Also, it says you have to be 6 months to 9 months of your min. to apply, since he was denied parole his min. has changed. With the being able to apply 6 months early and being denied parole in the first place is he still able to apply??? And one last question. IF all else fails I'd like to try and help have this H code removed so he can be a lvl 2 where he should be. Does anyone know how or who to go through in Mechanicsburg? He's gone though 8 yearly reviews and every year they refuse to drop the H code.

Thanks in advance!
I am not too familiar with "H" code so I can not respond to that but someone will be along within the next few days to try and clarify that for you.

As far as some of the other things in your post:

Quote:
So, my husband was denied parole. He was given a 1½ year hit, but he can apply for early parole 6 months early. Whatever that means...
Basically what this means in PA is that if you are denied parole (given a "hit") which is actually called a new "review date" you can ask the board to be reviewed before that time. However, one year must pass before you can request to be seen by the board again; hence the 6 months early from the 18 months (year and half).

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Also, it says you have to be 6 months to 9 months of your min. to apply, since he was denied parole his min. has changed.
Technically his minimum sentence has not changed due to a new review date (hit). The minimum sentence the judge gave him remains the same. If his minimum date passed then it has passed. The only way the minimum can be changed as far as I know is if he gets another charge (example: he does something illegal in prison or an old charge on the streets catches up with him and he is charged while in prison). How this minimum date now affects his transfer I do not know.

I read up on the "H" code just now but I don't know how that will relate/affect at this point his transfer. You can read it here (PADOC Reception and Classification Policy 11.02.01 ) in length if you would like but again someone will be by in a few days that can be more specific in their answers.

Sorry I could not be of more help.
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Old 03-19-2017, 07:55 AM
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Program Codes are rarely permanent and thus are reviewed on at least an annual basis. Some of them can only be removed by approval of the Regional Deputy Secretary. To see if the H Code can be lifted, the inmate must start by speaking with his counselor.

Some Program Codes carry an automatic CL minimum (usually CL-4). For a very long time, lifers couldn't attain CL-2 because of the Code for life sentence. Again, the effort to change all of this begins with the counselor, who should explain the codes and what can be done to remove them.

The THU is for those approaching release. When parole is denied at the minimum, the clock is "reset" in that regard. So your husband could ask for transfer to a THU as he gets closer to the parole review date. My sense is that the facility would probably weigh the likelihood that he'd be paroled and make their decision based on that. (It would thus be an early indicator of whether or not the facility thinks it will recommend parole.)

Given the 18 month "hit" on the green sheet, it's also a question of whether the facility would entertain a THU request in less than a year. They may be unwilling to "speculate" that his request for an earlier review (at the end of 12 months) would be successful. Looking at it from the opposite side, moving him to a THU six months ahead of a hopeful earlier review could work against him: the parole review would hinge on whether he'd get the recommendation from a facility at which he's only spent a couple months.

Finally, speaking frankly, your motive for the THU transfer is to cut your own travel time, so the request is disingenuous at best and probably visible to those making the decisions. (They can see who visits and where they live, and lots of inmates try for transfers visiting purposes.) The real questions are: 1) Why did the DOC send him so far from home; and 2) Why was he given the Code H status? I don't expect you to answer these in a public forum; I just think you have to keep them in mind when approaching the DOC about a transfer.
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Old 03-19-2017, 12:49 PM
Imhishesmine Imhishesmine is offline
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Ok, thanks for the information! I knew if anyone would be able to give me/us some incite it would be you Thanks!!!
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