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  #1  
Old 02-03-2016, 06:58 PM
Rihannadad Rihannadad is offline
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Default Release date doesn't add up

Hello my LO just received his release date in their system and it's not adding up especially with them good time there judge gave him 72 month Dec 9 2015 which he had already did a year before sentencing there judge recommended him for rdap program and we're gonna try for that 2nd chance but how do that equal 4/17/2020
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Old 02-03-2016, 09:25 PM
bellisq bellisq is offline
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RDAP doesn't get calculated until he's in the program. Same with Second Chance Act , which doesn't show up until granted. But if both these are granted, the good time credit will also change.
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Old 02-03-2016, 09:34 PM
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Quote:
Originally Posted by Rihannadad View Post
Hello my LO just received his release date in their system and it's not adding up especially with them good time there judge gave him 72 month Dec 9 2015 which he had already did a year before sentencing there judge recommended him for rdap program and we're gonna try for that 2nd chance but how do that equal 4/17/2020
I've wondered about the same thing! My LO was arrested in January 2015 and the release date they show is in June! He was sentenced to 20 years but he should be released in January instead of June!
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Old 02-03-2016, 10:04 PM
ggandtt01 ggandtt01 is offline
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All judges don't give time served. Its up to that judge. Not saying your LO didn't get credit, but make sure. My husband got his credit and was released after serving 85% of his time. He had no misconduct though.
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Old 02-04-2016, 04:39 AM
Rihannadad Rihannadad is offline
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Oh .Okay so the release date can change I thought that was set in stone....ok
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Old 02-04-2016, 09:03 AM
fbopnomore fbopnomore is offline
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If the date is incorrect, he needs to file an inmate grievance to get it fixed, especially if his "time served" is missing. His release date should be his 72 month sentence, minus 282 days of regular good time. It should start on the first day he was in federal custody for the same charges he was sentenced under (put there by the US Marshals no matter where he was being held, even if it was in a local jail). If not, he needs to continue the grievance/appeal process until it is corrected.
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Old 02-16-2016, 04:56 PM
klrwife klrwife is offline
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I'm a little confused about this too, when is the good time calculated in the release date online. Should I just take the 85% from the time online?
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Old 02-16-2016, 05:48 PM
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The way to check the bop's expected end of sentence date shown on the inmate locator, start with the actual sentence and then subtract 47 days good time from each 12 months of the original sentence (if his sentence was at least one year + one day, anything less doesn't earn good time).

If he was locked up prior to being sentenced, the time should start on the first day he was in US Marshal custody for the same charges he was sentenced under. It doesn't matter where he was held, local jail, prison, federal detention center, whatever. Credit for time served before sentencing can be lost by the bop sentence computation office, so if that happens, be sure he files an inmate grievance to have it counted.
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Old 02-20-2016, 11:14 PM
klrwife klrwife is offline
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This is a two part question, how is it determined if my LO will be released to a half way house or home detention? And generally when will they be notified of that date?
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Old 02-21-2016, 10:22 AM
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The bop unit team will make a recommendation to the warden to accept or reject. I found out at my last annual unit team meeting, about 9 months before my end of sentence date. My sentence length called for 6 months in HWH or HC, but I ended up with 3 1/2 months instead. I was told it was because the HWH didn't have a bed available until then.

The bop can choose to send them directly to HC instead of HWH, but that is uncommon. If it happens, they will be supervised by US Probation. What happens in most cases is HWH first, and then HC once all of the HWH requirements have been met. In those cases, HC is supervised by the HWH staff. My HWH required satisfaction of the job requirement plus 1/2 of the time spent living in the HWH. HC also has to be approved by the bop community corrections manager (CCM).

If he is still being released to the area where he was convicted/sentenced, nothing else is required. If he is looking for a "change of release location" to a different federal judicial district, then that has to be approved by US Probation too. I was approved for a different release location, and everything was processed during those 9 months, including a home visit by the PO.
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