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  #1  
Old 01-09-2015, 03:06 AM
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JAIME'S BEAUTY JAIME'S BEAUTY is offline
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Exclamation What Agency Determies Parole Length?

(I apologize I advance for not knowing exactly what to title my thread )

Ok, here's my issue/question.

My husband was released from a California State Prison on February 1, 2012. (So on 2/1/15, it will be 3 years since he's been out).

During sentencing, the judge told him he would serve a 7 year sentence, and upon release would serve no more than 3 years on parole.

In December, he brought the subject up to his parole officer regarding almost getting off. His P.O. looked it up, and told him that in his system (whatever they use) it shows him off parole until 2/1/2017. (which would total 5 years).

The next day my husband took him a copy of the court transcripts, and his PO told him he'd look in to it and get back to him.

Yesterday when my husband went to check in with him, he asked him about it... he said his PO told him to just get a lawyer because he doesn't even know where to start searching for an answer He's only been a PO for about a year now, and I don't think he even TRIED asking anyone for a lead... not that he's obligated to... but at first he made it seem like he was going to help.

So, does anyone know if whatever is said in court supersedes the prison and parole systems. 'Cause the 7 years sure did happen... so why not the parole length? Who has the last say and where can we seek help to try and get him off parole according to his sentencing.

Thanks in advance for any help!
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  #2  
Old 01-09-2015, 07:54 AM
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I’m not sure if it works the same way in CA, but in NY...

When a sentence of 3 to 6 years (for an example) is given, the amount of parole time is included within that 6 year maximum. In this example, the prisoner could be released as early as the “merit date” (the 30-month point), at the minimum date (the 36-month point), or at the “Conditional Release” date (the 48-month point). He could also be kept in until the maximum date if a bad record while inside enabled that. The amount of Parole time would be the amount of time from the release date to the maximum date (the 6-year point).

I get the feeling your husband’s PO is trying to fluff this one off, and may well have been told to do so. If I was in your position, I’d ask the PO to speak with his supervisor and then drag an “official answer” out of the sup. If that didn’t work, CA must have some sort of “Prisoners Legal Services” public outreach program. I’d seek them out and see if they could help. I’d try to hold off on hiring a lawyer and use that as a last resort. A lawyer will be expensive and won’t likely make any effort to hold costs down, but may be necessary in the end.

Good luck with your situation. Hope it goes favorably for both of you and doesn’t end up costing you a pile of lawyer fees.
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Old 01-09-2015, 07:59 AM
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I don't know the answer, but my guess is that if the judge's sentencing order limited the term of parole to only 3 years, your husband should be able to get that enforced. If the PO won't do it, then hiring a lawyer is probably necessary.

Since the difference is 2 years on parole, he should pursue it, either through an appeal to someone higher up than the PO, or by having a lawyer do it for him.
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Old 01-09-2015, 09:26 AM
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exact same thing happened to my hubby. Sentenced to 6 yrs and 3 yrs parole.
got released and told 5 yrs parole. He's into his 4th yr by about 2 months.

He's spoken to an attny and he was supposedly looking into it.
Hub just told me someone else in his group (mandatory counseling group) also did this and they looked into it and he only has to do 3 yrs, but the attny mentioned 2 others (who he didnt name) didnt look so good.
I do not understand it. I thought what the judge said is what goes. Apparently not.
It may be worth looking into for your loved one thru an attny.
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Last edited by sidewalker; 01-09-2015 at 09:38 AM..
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Old 01-09-2015, 09:37 AM
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Ask if there's a way to "kite" records or some other way to contact them to explain it. Time calculations can get very complex.

Based on the 7 years from 2012, a guess would be when he originally was released from custody, he wasn't on parole but some other program. To you and the offender it feels like parole. Some time during his release, his case rolled over to parole making his discharge date in 2017.

I'd say start with a kite/contact with CA's version of correspondence unit or the PO's supervisor and go from there.

And just because a Judge puts it paper, doesn't make it legal. I've seen many times where they've had to go back and correct the judgment.
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Old 01-11-2015, 11:01 PM
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Is he serving probation in the state he was released in? I only ask because my son was on an Interstate Compact Agreement from Nevada to Tennessee. He had a 1-3 year sentence that could somehow be enhanced to a four year. Anyway, after he did just over two years, he got a letter at his house from the Nevada judge discharging him from probation. His Tennessee PO had NO idea that was gonna happen or even could happen. She was under the impression he had to do the entire three years either by supervision or a combo of incarceration and supervision. It took her almost six weeks to get answers for him.. and it turned out he was in fact released when Nevada said he was. If your guy is on an Interstate Compact to a state that has different sentencing guidelines that might be causing the confusion.
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Old 03-22-2017, 12:03 AM
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It seems like to me this is post release supervision. They can put it at 5 years regardless. Although if it was not discussed or imposed during original sentencing by Judge it is illegal. Parole cannot implement PRS on their own.
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