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Old 06-09-2018, 11:49 AM
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lisafields7597 lisafields7597 is offline
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Default HELP!!! 115 for work stoppage???

Hello all, I really need some help...

My husband is at PVSP. He has been given a 115 for an apparent work stoppage that was a "protest" for the SNYs being brought to their yard. On 5-21 the entire yard did not work...on 5-22 the "Woods" went to work but every1 else did not which resulted in them getting rolled up and moved to a different yard, the only ones who stayed were the "Woods". Now heres the issue...

The work officer didnt come in on 5-21 so there was no work that day and even said hed testify to that. About a week ago, an officer went around interviewing the inmates and asked why they didnt go to work that day. My husband informed him there wasnt any work that day bcuz the work officer didnt come in. The officer then asked if there had been work that day, wud he have gone and my husband said yes he wud have.

My husband was still given the 115 for a work stoppage and being told by the officers and his councilor that he will be getting 90 days added for this. I dont understand how that can be if there wasnt work that day, the work officer said he'd testify to that AND my husband said if there was work, hed have gone. My husband didnt do anything wrong and he's getting more time?? There hasn't been an official hearing yet but Im worried. My husband is scheduled to be released on the 22nd of this month and now it doesn't seem like that will happen.

Is there anything I can do? Someone I can call and talk to, to hopefully get this resolved so my husband can get released on time?? Any and all help/advice is appreciated. Thank U!
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Old 06-09-2018, 01:08 PM
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Originally Posted by lisafields7597 View Post
Is there anything I can do? Someone I can call and talk to, to hopefully get this resolved so my husband can get released on time?? Any and all help/advice is appreciated. Thank U!
Best thing you can do, IMO, is review Title 15. Index will tell you where to look. Discipline section starts at section 3310 (about page 150). Print any pages you find that are relevant for him and mail them to him. He can also review title 15 but it's quicker and easier for you than him going to prison library to try to find rules that relate.

That should help him file a strong 602 and hopefully win.

I believe, in addition to him filing 602, you can write Warden Muniz. Cite anything you see in Title 15 that supports his side of this just as your husband would do in his 602.
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Old 06-09-2018, 03:05 PM
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Quote:
Originally Posted by lisafields7597 View Post
Hello all, I really need some help...

My husband is at PVSP. He has been given a 115 for an apparent work stoppage that was a "protest" for the SNYs being brought to their yard. On 5-21 the entire yard did not work...on 5-22 the "Woods" went to work but every1 else did not which resulted in them getting rolled up and moved to a different yard, the only ones who stayed were the "Woods". Now heres the issue...

The work officer didnt come in on 5-21 so there was no work that day and even said hed testify to that. About a week ago, an officer went around interviewing the inmates and asked why they didnt go to work that day. My husband informed him there wasnt any work that day bcuz the work officer didnt come in. The officer then asked if there had been work that day, wud he have gone and my husband said yes he wud have.

My husband was still given the 115 for a work stoppage and being told by the officers and his councilor that he will be getting 90 days added for this. I dont understand how that can be if there wasnt work that day, the work officer said he'd testify to that AND my husband said if there was work, hed have gone. My husband didnt do anything wrong and he's getting more time?? There hasn't been an official hearing yet but Im worried. My husband is scheduled to be released on the 22nd of this month and now it doesn't seem like that will happen.

Is there anything I can do? Someone I can call and talk to, to hopefully get this resolved so my husband can get released on time?? Any and all help/advice is appreciated. Thank U!

Once your husband 115 hearing is over . He will have so many days to appeal the decision of the hearing officer. He will need to due what is called a 602 (Inmate Appeal)
there are three levels to this process . He will need to gather information ( evidence) for his appeal. There are time limits on each section of the appeal process. The third level of review is in Sacramento. Have your husband get a written statement from his supervisor for that day stating that he didn't come to work on the said date.
For more detailed information on Inmate Appeals please review the Title 15
Also review these new changes Inmate Classification and Discipline (NCR 17-01)
I was involved in a work stoppage a number of years back while I was in CDC.
We all got 115 lost good time as long as we stayed disciplinary free for the prescribed amount of time after receiving the 115 our loss of credits were restored.
If you can find out what division his 115 is (division A-F) I can assist you with information on how much disciplinary free time is required to get lost credit back. OR you can also find it in the Title 15
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Old 06-09-2018, 04:50 PM
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Ty both so very much! Awesome advice.

Patrick, Ill ask him what division 2nite when he calls and let U know
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Old 06-09-2018, 10:23 PM
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Hey Patrick, hubby said it was Division D
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Old 06-10-2018, 10:29 AM
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Hey Patrick, hubby said it was Division D
Here is what section 3328. Disciplinary-Free Periods.(b) says"
3328. Disciplinary-Free Periods.
(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.


With him being so close to being released if this sticks looks the minimum is an extra 90 days added to his sentence. Then it again it could be dismissed if all of the facts line up for him
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Old 06-11-2018, 07:11 AM
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Thank U so much for Ur help! ☺
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