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Old 12-12-2010, 10:42 PM
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Question What is special parole??

Can someone please help me... He got offered 3 yrs + 3 yrs special parole or 5 yrs flat... What is special parole?

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Old 12-12-2010, 11:17 PM
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Special parole is a VERY strict version of PAROLE.. They have a NO TOLERANCE policy... I know someone that got violated for a speeding ticket!!!!!!!
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Old 12-13-2010, 08:51 AM
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Default Long Post Ahead....

Special Parole is a version of parole that is handed out at sentencing. It was actually a part of my sentence. That doesn't really answer your question though. So let me give a little more information (sorry for the length of the post, but it’s a bit complicated).

Special Parole is basically a continuation of the sentence handed down by the judge, but out on parole. The oversight of a person on Special Parole is handled by the Board of Pardons and Parole (in conjunction with DOC). It is somewhat like leaving jail on probation while having a suspended sentence (i.e. someone gets a 5 yr sentence, suspended after 2 yrs, and 5 yrs probation - when they leave on probation after the 2 years they still have 3 years "hanging"). There are several big differences though:

Probation
When a person is released on probation they can be "violated" (sent back). In order for this to happen, the person has to be brought up on new charges of some sort - and almost anything applies. The key here is that the process for "violating" a person can be pretty drawn out - new charges, court appearances, etc. Then the Probation Department makes a decision if they want to "violate" the person and send them back to jail on the Violation of Probation (VOP). In probation, a judge at court has to make the final decision and hand down the VOP and the time to be served. The amount of time a person can be sent back can vary, but sometimes it is for the entire amount of "hanging" time (the part of the sentence that was suspended). The danger is that a VOP can be handed down at any time the person is on probation - even the last day! So, all of the "hanging" time is always there as a threat until the person finishes probation.

Special Parole (I'll call it SP) and Regular Parole
There are two types of parole: regular parole and SP. In either case, there is no "hanging" time. The time is used up day-for-day. Just like with probation, a person can be "violated" on either type of parole, but the key here is that the authorities can come at any time, put the cuffs on you, and take you back to prison. They don't need new charges or court appearances. All they need is some indication that you have not met any one of the multiple stipulations they place on you when you are released (which includes breaking a law like the speeding that Mz.MM referred to).

Once the person is back in jail on a parole violation they have a Rescission/Revocation hearing to decide if they are "guilty" of the violation. This hearing is done by representatives of the Parole Board, so no judge is involved - and in my opinion the Parole Board is quite biased as compared to a judge. But, like it or not, that's the way the system works. A person "violated" in a hearing like this can be kept in prison for all of their remaining parole time, or just a portion of it. More often than not, it's just a portion (with that said I did know guys that got sent back to finish their whole sentence, but they were way fewer in number).

The key with either type of parole is that the time is used up day-for-day. In other words, each day a person is out is another day less they can be given if they are "violated". To be more specific, if a person has 3 yrs of parole (or SP) and they get violated with just one day left, the most they will be sent back for is the one day.

Confused yet? Well, there’s a little more to cover. A person can be released from jail on parole before their sentence is finished. In your case, if he takes 3 years of incarceration he could be eligible for parole in as little as 1 ½ years (NOTE: That depends on the charges and the deal that’s worked out. Some deals do not allow parole, while others do. Also, DOC will also decide if it’s a “violent” or “non-violent” crime. If he’s eligible for parole at all based on his deal, DOC’s decision will determine at what percentage he can get a hearing – either 50% or 85%). If a person is released on regular parole and has probation time as a part of their original sentence then, in general, the probation time starts at the same time as the regular parole. They run concurrently.

Here’s where it gets a little tricky to understand. If a person is released on regular parole, but has SP as a part of their sentence, they will have to finish the regular parole before their SP time starts.

So – What to do?
Ok. Ok. I hear you asking – so what’s the deal with SP? The most basic difference is that it is not “granted” to get you out of jail early like regular parole is. Like I said above, it is a part of the sentence that is handed down by the judge at sentencing. As Mz.MM pointed out, it can be more strict, but that isn't always true. A lot of that depends on the Parole Officer and the convicted person's relationship with them. What are the dangers? Well – you can get sent back if you’re violated. But that’s the same with probation and regular parole. I knew several guys that were back on violations of SP. One guy had to do all of his remaining time. Most of the others were doing either 90 days or 120 days after which they’d be released on SP again. In my rough opinion, I’d say it was about 80% doing short time back, and 20% doing all of their remaining time.

Listen, I can’t tell you two what to do. But, there are a couple of things you might want to consider. First, 3 years is a lot shorter than 5 years. In my case I wanted out in the shortest possible amount of time. Second, I suspect that he’s not planning to get into trouble again, so as long as he’s careful you should be OK. At worst, if he’s out for a year and is then violated, he could be sent back for the remaining 2 years (not likely, but it could happen). If that were the case he’d still only be doing the 5 total. The downer there is he’d be out for a year getting life reestablished – all of that would be lost.

Now, with all that said I should point out that I knew a lot of guys who wanted to take the “flat” time. They didn’t want anything hanging over their heads when they got out (these guys were mostly on their second or third bids). There is something to be said for that. After all, nobody really wants the state looking over their shoulder at everything they are doing – especially for several years. So, it’s a tough choice to make.

I hope the information helps. I wish you two the best.
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Old 12-13-2010, 04:52 PM
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If it were *me and mine* - we would be getting our lawyer to get them down to 3 flat and then taking it... Remember, the deals usually get better before they get worse. The first offer isn't usually the last one and the lawyer can negotiate.

Your man is a repeat offender, right? This is your second bid with him already if I'm not mistaken. If there is the slightest possibility that he is going to get caught up again, Special Parole is probably not something well suited to him.

All the best and good luck.
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Old 12-13-2010, 07:04 PM
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Originally Posted by tee.dot.q View Post
If it were *me and mine* - we would be getting our lawyer to get them down to 3 flat and then taking it... Remember, the deals usually get better before they get worse. The first offer isn't usually the last one and the lawyer can negotiate.

Your man is a repeat offender, right? This is your second bid with him already if I'm not mistaken. If there is the slightest possibility that he is going to get caught up again, Special Parole is probably not something well suited to him.

All the best and good luck.
Thanks, yes he is a repeat offender. This is his second bid and my first with him. We met at the end of his five years that he just finished. At this time a lawyer is not affordable for either of us so we have to take what is offered. I just wanted to know what special parole was and now I can understand why he wants to do the 5 flat. Well we have until January 18, 2011 to discuss this so we'll see what he decides. I personally would take the 5 flat because I would be afraid to skip a breath on SP!!
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Old 12-13-2010, 07:06 PM
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Quote:
Originally Posted by eidolon View Post
Special Parole is a version of parole that is handed out at sentencing. It was actually a part of my sentence. That doesn't really answer your question though. So let me give a little more information (sorry for the length of the post, but it’s a bit complicated).

Special Parole is basically a continuation of the sentence handed down by the judge, but out on parole. The oversight of a person on Special Parole is handled by the Board of Pardons and Parole (in conjunction with DOC). It is somewhat like leaving jail on probation while having a suspended sentence (i.e. someone gets a 5 yr sentence, suspended after 2 yrs, and 5 yrs probation - when they leave on probation after the 2 years they still have 3 years "hanging"). There are several big differences though:

Probation
When a person is released on probation they can be "violated" (sent back). In order for this to happen, the person has to be brought up on new charges of some sort - and almost anything applies. The key here is that the process for "violating" a person can be pretty drawn out - new charges, court appearances, etc. Then the Probation Department makes a decision if they want to "violate" the person and send them back to jail on the Violation of Probation (VOP). In probation, a judge at court has to make the final decision and hand down the VOP and the time to be served. The amount of time a person can be sent back can vary, but sometimes it is for the entire amount of "hanging" time (the part of the sentence that was suspended). The danger is that a VOP can be handed down at any time the person is on probation - even the last day! So, all of the "hanging" time is always there as a threat until the person finishes probation.

Special Parole (I'll call it SP) and Regular Parole
There are two types of parole: regular parole and SP. In either case, there is no "hanging" time. The time is used up day-for-day. Just like with probation, a person can be "violated" on either type of parole, but the key here is that the authorities can come at any time, put the cuffs on you, and take you back to prison. They don't need new charges or court appearances. All they need is some indication that you have not met any one of the multiple stipulations they place on you when you are released (which includes breaking a law like the speeding that Mz.MM referred to).

Once the person is back in jail on a parole violation they have a Rescission/Revocation hearing to decide if they are "guilty" of the violation. This hearing is done by representatives of the Parole Board, so no judge is involved - and in my opinion the Parole Board is quite biased as compared to a judge. But, like it or not, that's the way the system works. A person "violated" in a hearing like this can be kept in prison for all of their remaining parole time, or just a portion of it. More often than not, it's just a portion (with that said I did know guys that got sent back to finish their whole sentence, but they were way fewer in number).

The key with either type of parole is that the time is used up day-for-day. In other words, each day a person is out is another day less they can be given if they are "violated". To be more specific, if a person has 3 yrs of parole (or SP) and they get violated with just one day left, the most they will be sent back for is the one day.

Confused yet? Well, there’s a little more to cover. A person can be released from jail on parole before their sentence is finished. In your case, if he takes 3 years of incarceration he could be eligible for parole in as little as 1 ½ years (NOTE: That depends on the charges and the deal that’s worked out. Some deals do not allow parole, while others do. Also, DOC will also decide if it’s a “violent” or “non-violent” crime. If he’s eligible for parole at all based on his deal, DOC’s decision will determine at what percentage he can get a hearing – either 50% or 85%). If a person is released on regular parole and has probation time as a part of their original sentence then, in general, the probation time starts at the same time as the regular parole. They run concurrently.

Here’s where it gets a little tricky to understand. If a person is released on regular parole, but has SP as a part of their sentence, they will have to finish the regular parole before their SP time starts.

So – What to do?
Ok. Ok. I hear you asking – so what’s the deal with SP? The most basic difference is that it is not “granted” to get you out of jail early like regular parole is. Like I said above, it is a part of the sentence that is handed down by the judge at sentencing. As Mz.MM pointed out, it can be more strict, but that isn't always true. A lot of that depends on the Parole Officer and the convicted person's relationship with them. What are the dangers? Well – you can get sent back if you’re violated. But that’s the same with probation and regular parole. I knew several guys that were back on violations of SP. One guy had to do all of his remaining time. Most of the others were doing either 90 days or 120 days after which they’d be released on SP again. In my rough opinion, I’d say it was about 80% doing short time back, and 20% doing all of their remaining time.

Listen, I can’t tell you two what to do. But, there are a couple of things you might want to consider. First, 3 years is a lot shorter than 5 years. In my case I wanted out in the shortest possible amount of time. Second, I suspect that he’s not planning to get into trouble again, so as long as he’s careful you should be OK. At worst, if he’s out for a year and is then violated, he could be sent back for the remaining 2 years (not likely, but it could happen). If that were the case he’d still only be doing the 5 total. The downer there is he’d be out for a year getting life reestablished – all of that would be lost.

Now, with all that said I should point out that I knew a lot of guys who wanted to take the “flat” time. They didn’t want anything hanging over their heads when they got out (these guys were mostly on their second or third bids). There is something to be said for that. After all, nobody really wants the state looking over their shoulder at everything they are doing – especially for several years. So, it’s a tough choice to make.

I hope the information helps. I wish you two the best.
Thanks, this information is very helpful. This is definitely a tough choice and I might just suggest the flat time since that's what he wants to do.
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  #7  
Old 12-14-2010, 07:28 AM
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Glad to help. I hope it all works out for the best. Let us know what happens.
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Old 12-15-2010, 08:40 PM
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Glad to help. I hope it all works out for the best. Let us know what happens.
I'll let you know as soon as I get home from court 1/19/11 unless something changes sooner.
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