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Illinois Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation or release in Illinois should be posted here.

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Old 07-18-2016, 10:30 AM
katalator katalator is offline
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Question Parole time not granted

So my guy was incarcerated on 6-10-2015 in which he was on parole at the time. From the day his warrant was issued 5-31-2015 until incarceration on 6-10-2015 his parole time stopped. Fair enough. Once incarcerated his parole officer showed up every month to the county jail for the whole 8 months he was incarcerated there. Once they sentenced him to (2) one year terms (meaning he was only going to stay until 6-10-2016) they added an extra 6 months I assume as a parole violation. His original parole was due to stop on 12-23-2015. It would appear they did not count the 8 months he sat in county although his officer showed up faithfully each month to check in...any ideas about this? I guess I need to know if there is someone we should be contacting and disputing his release date with. TIA
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Old 07-18-2016, 10:49 AM
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If he was incarcerated on new charges, the time served should apply to that sentence, not his shelf time. He may want to request a time sheet and/or file a grievance if he feels his time isn't calculated correctly.

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Old 07-18-2016, 10:54 AM
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Thank you! We have contested it with the records of the facility he is in but they said "nope sorry" and so we have been told to contact Springfield in regards tot his matter. I am trying that avenue now. Thanks!
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Old 07-18-2016, 11:12 AM
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If you have or can get a copy of his sentencing papers, it should state the specific number of days applied to his sentence as time served/jail credit.
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Old 07-18-2016, 01:09 PM
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The parole time stops until he is returned to an IDOC facility and has a PRB Parole Violation Hearing. If the DOC warrant was issued on 5/31/2015, then arrested on 6/10/2015 and remained in the county jail for 8 months then all of that time is dead time. He will earn day for day on it while in custody within IDOC but not a county jail, so it will turn into an actual 4 month violation.
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Old 07-18-2016, 01:18 PM
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So, with that being said...can you figure out how they calculated a 6 month violation? his out date for new charge was set to 6-10-16....but his out date is scheduled for 12-07-16....any ideas? this is what we are confused on... #pleasehelp
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Old 07-18-2016, 01:54 PM
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Are his two new convictions each for 1 year and are they running concurrent or consecutively?
The only thing that comes to mind currently is the PRB gave him some credit for his time in custody which they can do.
What date was he returned to IDOC from county and if you know what date did he see the PRB?
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Old 07-18-2016, 02:00 PM
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consecutively. (2) 1 year sentences = 1 year in time....PRB he waived hearing knowing they would violate him, repeat offender...admitted to IDOC on 2-2-2016
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Old 07-18-2016, 02:13 PM
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He may have waived being present for the PRB hearing but the PRB reviewed his violation and made a determination. He needs to request his PRB violation paperwork from the records office to find out what they did. I cannot give you an answer on how 8 months turned into 6 months without all the paperwork.
Sorry Chris
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Old 07-18-2016, 02:16 PM
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Another compounding factor is what the county jail gave him credit for on his new cases.
The other issue is my counting is bad today if the warrant was not issued until his arrest on 6/10 then the time between 6/10 and 12/23 is not 8 months but 6.
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Old 07-18-2016, 02:18 PM
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thanks for your input i appreciate it
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Old 07-18-2016, 02:18 PM
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It sounds to me as if they tolled his parole. This can be done for failing to report / absconding (and his parole officer hasn't been able to find him after exhausting all known contacts via letter, email, telephone, checking to see if he's in jail - well, you get the idea: it's not just he didn't report one day and the parole officer tolled him the next), for not paying fines...I don't know how many other reasons parole can be tolled - but when it happens, the clock stops running, so to speak and all time after that doesn't count towards completing his sentence.

You might want to search for "tolling parole" on Google and see if you can find any information that applies to your jurisdiction. If you can understand what happened, you will probably have a better chance of determining your next step.

Last edited by Tina Balser; 07-18-2016 at 02:21 PM..
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Old 07-18-2016, 02:32 PM
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Thank you so much. I think it see how they calculated it then. Maybe not exact but here is what I gather.
Warrant issued on 5-31-15
Incarcerated 06-10-15
THAT is 11 days that he was tolled (expected)
Admitted to IDOC on 2-2-16
Remaining 10 months and 6 days for previous parole (326 days/2=163days)
163days + 11 tolled = 174 days
They made it run consecutive to his new charge of 365 days
Grand total of 539 days
in which they gave him 547 days in total from
6-10-2015 thru 12-07-2016

8 days i cannot account for...


Thanks for helping talk this thru

Last edited by katalator; 07-18-2016 at 02:41 PM..
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