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Federal Probation, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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Old 07-16-2017, 09:09 PM
Samantha4139 Samantha4139 is offline
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Question How much time to serve on a 6 month PV?

My husband is currently incarcerated at supermax awaiting court for a violation of federal probation hearing. His probation officer is requesting a six months incarceration. Because he would only be sentenced to 6 months what percentage of his time would he actually do in prison? I was told that because it is under a year and a day he does 100% of his time is this true?
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Old 07-17-2017, 05:16 AM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. I moved your question to the federal prison forums for better answers.

That's my understanding too. I would count on him doing the entire 6 months in a bop prison if that is the sentence he receives from the judge (who is not bound by the POs recommendation).
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Old 07-19-2017, 12:07 AM
Dissonance Dissonance is offline
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Quote:
Originally Posted by Samantha4139 View Post
I was told that because it is under a year and a day he does 100% of his time is this true?
Yes, I have been told by at least 3 attorneys. One would do less time if they were sentenced to 12 months plus one a day than if they were sentenced to 11 months.

Not sure if he'd be eligible for halfway house on a probation violation, but I think everyone gets at least some halfway house (or home confinement) even on a short sentence. Even if it's only a week or so of it. If he's still eligible, that reduces the actual time he'd be in prison: the last part of the sentence is served after being transferred to half way house or home confinement.
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Old 07-19-2017, 05:18 AM
fbopnomore fbopnomore is offline
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Supervised release violations (aka probation) are handled by a federal judge, who issues a new sentence. They are initiated by a probation officer and the prosecutor's office. Being sent back to prison from a half way house does not require a court hearing since they are already "in bop custody" until their actual release date.

I never saw someone who was returned to prison for a violation of supervised release or while on community corrections (HWH or home confinement) do anything except to serve day for day in a real prison. Some violators were returned to the same prison where they were before, or they were sent to a federal detention center instead. The time they actually serve depends on the SR violation statutes, but I never heard of anyone getting credit for good time.
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Old 08-23-2017, 12:59 AM
ttexrbomb ttexrbomb is offline
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I got 6 months on a violation and did 6 months to the day. I got 15 days of home confinement.
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