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  #1  
Old 10-10-2017, 05:37 PM
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Default Help w 115 violation report.

I need help figuring out this situation :

My fiancé is an inmate at Folsom state prison California.
He received a 115 for a cell phone on June 23rd 2017. They held the hearing without him (I believe he waived his right to be present but I'm still trying to find it for sure on that). BUT. They held his hearing on July 28th. That's pat the 30 day time limit. As far as we know there was nothing filed stating any reason for the extra time or delay. I've been researching and it appears that if they miss the 30 day deadline to hold your hearing, the 115 RVR should be heown or and voided. Am I missing something? This violation changed his EPRD from October 16 to November 25th 2017. Because he lost 60 days at 66%. Ok. That's part 1.
Had I know about this at the time we already would have appealed it but I just found this info. Can we still appea it since they missed the 30 day limit?

Now there's also a part 2.... he went from June 23 til October 4th no write up. Then October 4th he got another RVR which resulted in his security level being changed so he was moved over the wall into the main prison. My question ask is, since he's gotten ANOTHER violation (which he has not been officially served yet) , is there even a chance to appeal the first based on the time thing? I feel like if he at least gets those 60 days back at least it won't seem like such a bit depending how much time he loses for this one. Sorry this is long. And confusing. Any help is appreciated. I'm lost.
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Old 10-10-2017, 06:58 PM
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He could have 602'd the decision on the first 115 but that has a time limit, as well. I believe it's 60 days. We are well beyond that. So on that, you're sunk.

The second violation doesn't negate the first. If anything, it solidifies the loss of GCC.

Bigger question: so close to the gate, what the heck is he thinking?

I know it seems like a blow having his outdate changed, but if I were in your shoes (and after I tore him a new one for all of this), I'd try to console myself that it was only 60 days loss and use the time to prepare for homecoming.
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Old 10-10-2017, 08:04 PM
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I agree with the what is he thinking comment. His mother has cancer and I guess the phone was important Enough to him. But aside from not agreeing with his choices , I'm just trying to find any info that may help him legally. He was told he could file for restoration of credits once he was 90 days disciplinary free. Obviously he didn't do that in time even though he was free of violations long enough. Someone told him he may still be able to apply for credits restored from the first violation, IF he gets it crone before the second violation is filed. As of now it's just a notice of pending 115 in his c-file. Online it says he notice of pending 115 in c file is to prevent an inmate from being released with a pending 115. But if they're just restoring credits maybe hats still applicable. Maybe I'm grasping at straws. I just want this man home as we all do. Can't hurt to try I guess.

Edited to add: we don't know exactly what he will be charged with for this new pending 115 from the October 4th violation. But chances are it's probably going to be more than an additional 60 like before
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Old 10-12-2017, 12:15 PM
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Last I checked you could not get time restored for a cell phone violation (I don't have Title 15 in front of me to check this, though.) Can anyone confirm or deny that?

Also, with this new pending 115, how can he not know what the allegation is? Is it another cell phone violation, or something else?
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Old 10-12-2017, 12:19 PM
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We missed the window the ask for his credits to be restored before he got this second violation . If they miss the 15 days to serve him with this one, they won't be able to take his time this time. But I'm not counting on that. I've been doing tons of research into the title 15.... but there could always be something I'm missing. The second 115 he hasn't been served yet but he was told it's pending and the charges as far as we know they say will be possession of marijuana and the cell phone. It's being referred to the da for prosecution so I'm not sure how that's going to effect everything.
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Old 10-12-2017, 12:58 PM
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Quote:
Originally Posted by wakeupnovember View Post
We missed the window the ask for his credits to be restored before he got this second violation . If they miss the 15 days to serve him with this one, they won't be able to take his time this time. But I'm not counting on that. I've been doing tons of research into the title 15.... but there could always be something I'm missing. The second 115 he hasn't been served yet but he was told it's pending and the charges as far as we know they say will be possession of marijuana and the cell phone. It's being referred to the da for prosecution so I'm not sure how that's going to effect everything.
If it's getting a DA referral and he has waived hearing until after the DA decides what to do, then the time for him to be heard is waived as well. He could have forced them to hear him on it prior to getting word from the DA, but this rarely works out in the inmates' favor. Once the DA has decided what to do (probably will take a few months,) they will determine how to proceed.

As I've mentioned on another board, if his release date comes before he's heard on the 115 and he is released, the DA can still charge him and it could result in more time.
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Old 10-12-2017, 03:17 PM
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Quote:
Originally Posted by missingdee View Post
Last I checked you could not get time restored for a cell phone violation (I don't have Title 15 in front of me to check this, though.) Can anyone confirm or deny that?

Also, with this new pending 115, how can he not know what the allegation is? Is it another cell phone violation, or something else?

In doing a little reading in the Title 15 . Here is what I found on
cell phones and possession of them First they are a Serious Rules Violation.
Division "D" credit loss of 61-90days credits can be restored if the inmate remains disciplinary clear for 180days No credit will be restored if the inmate found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods. I will list the section below. If anyone knows anything different feel free to correct me I used the Title 15 updated as of 01/2017


3315. Serious Rule Violations
(X) Possession and/or constructive possession of a cell phone or wireless communication device or any component thereof including, but not limited to, a subscriber identity module (SIM card), memory storage devices or cellular telephone chargers

3323. Disciplinary Credit Forfeiture Schedule
(f) Division “D” offenses; credit forfeiture of 61–90 days.
(15) Possession and/or constructive possession of a cellular telephone or wireless communication device capable of making or receiving wireless communications

3327. Restoration of Forfeited Credits
(2) No credit shall be restored if the inmate is found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods provided in Section 3328.

3328. Disciplinary-Free Periods.
(a) A disciplinary-free period shall commence immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation.
(b) An inmate may apply for restoration of 100 percent of any credit forfeited for a Division “D” or “E” offense, not identified in section 3327, after remaining disciplinary free for 180 days.
(1) If less than 180 days remain before the inmate’s established release date, a one-time application may be made within 90 days of the established release date when the inmate has remained disciplinary free for a minimum of 60 days.
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Old 10-12-2017, 03:31 PM
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Quote:
Originally Posted by Patrickj View Post
In doing a little reading in the Title 15 . Here is what I found on
cell phones and possession of them First they are a Serious Rules Violation.
Division "D" credit loss of 61-90days credits can be restored if the inmate remains disciplinary clear for 180days No credit will be restored if the inmate found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods. I will list the section below. If anyone knows anything different feel free to correct me I used the Title 15 updated as of 01/2017


3315. Serious Rule Violations
(X) Possession and/or constructive possession of a cell phone or wireless communication device or any component thereof including, but not limited to, a subscriber identity module (SIM card), memory storage devices or cellular telephone chargers

3323. Disciplinary Credit Forfeiture Schedule
(f) Division “D” offenses; credit forfeiture of 61–90 days.
(15) Possession and/or constructive possession of a cellular telephone or wireless communication device capable of making or receiving wireless communications

3327. Restoration of Forfeited Credits
(2) No credit shall be restored if the inmate is found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods provided in Section 3328.

3328. Disciplinary-Free Periods.
(a) A disciplinary-free period shall commence immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation.
(b) An inmate may apply for restoration of 100 percent of any credit forfeited for a Division “D” or “E” offense, not identified in section 3327, after remaining disciplinary free for 180 days.
(1) If less than 180 days remain before the inmate’s established release date, a one-time application may be made within 90 days of the established release date when the inmate has remained disciplinary free for a minimum of 60 days.
I may have my time-loss offenses mixed up, or maybe the rule has changed since Dee got out (I haven't really had a reason to read the 2017 Title 15, if I'm honest.)

Still, this new write-up probably nixes the idea that he'll be able to get a restoration of credits....

-E
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Old 10-12-2017, 03:54 PM
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Quote:
Originally Posted by missingdee View Post
I may have my time-loss offenses mixed up, or maybe the rule has changed since Dee got out (I haven't really had a reason to read the 2017 Title 15, if I'm honest.)

Still, this new write-up probably nixes the idea that he'll be able to get a restoration of credits....

-E
More then likely On this current 115 he could be facing a lot more credit loss than the a Division "D" offense simply getting caught for the same offense with in a short time frame then add the pot on top. Still don't think the D.A. will pick up this matter.
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