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Old 04-09-2012, 01:17 PM
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Question Special Parole

My husband was given 3 years of special parole when he is released this July/August. What does it mean?
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Old 04-10-2012, 07:03 AM
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I am trying to find out the same information. I did leave a message for my bf's parole officer. I will pass along any details that I get to you!!
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Old 04-13-2012, 07:39 AM
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Default Special Parole

Hi,

Special Parole is a modified version of parole. Basically it means that there will be stricter rules put on them when they leave - at least at the start. Let me see if I can explain.

In most cases people are sentenced to a time in jail followed by probation. If a person in that instance is given parole they spend time on parole followed by the remaining time on probation (normally probation time starts running when regular parole time starts). Many times, when someone has probation they have a portion of their sentence still hanging over their heads (called the suspended portion of the sentence).

If a person is on probation they can be sent back to finish their sentence, or can be given a new sentence for violating the rules. In that case they must be taken in front of a judge at court and the judge determines if a violation occurred and what penalty is appropriate. The problem with suspended years hanging over a person's head is that the time does not disappear until all of the probation is complete. As an example, take a person sentenced to 5 years suspended after 2 with 10 years of probation. They get out after 2 years and start probation. If they get "violated" on probation rules on the last day of that 10 years the judge could sentence them to the 3 suspended years. This is an extreme example but shows what could happen.

Parole is very different from probation in that if they think you have violated the rules for parole they can just slap the cuffs on you and take you back to prison (either regular parole or special parole). If that happens you get a Revocation/Rescission hearing by DOC where they determine how much time you have to serve of your sentence before you get let out again. That hearing could take months to convene. How much time you have to stay depends on how badly you violated the rules.

Special Parole is a tighter version of parole. When they first get out they will probably be required to take programs, see the PO every week, take constant drug tests, and have the PO drop by at unexpected times. Typically, just like on the other release types, over time the "trust" is built up and the person gets more and more rights restored - less heavy handed interference.

Usually someone sentenced to Special Parole does not have suspended time hanging over their heads. They can still be sent back to prison for violating the rules, but each day they are out is one day less that they can be sent back for. So, if a person has 3 years of special parole and is violated after 2 months they could be sent back for 2 years, 10 months. But if they are violated after 35 months out, the most they could be sent back for is 1 month. So there is an small advantage.

Before I was exonerated I was facing a lot of years of Special Parole. I knew quite a few guys in the same boat. Some left and didn't come back, some left and were back within a few months. A lot of that depends on the guy and how they handle themselves when out. It also depends on who they get for their PO. If they get one who feels their job is to find reasons to "violate" people (as opposed to the ones who think they should help guys readjust and get their lives moving forward), then the going can be tough.

I'll leave you with the fact that most (but not all) of the guys that came back on Special Parole came back for 90-120 days and were then released again.

Hope this helps.
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Old 04-17-2012, 08:00 AM
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Quote:
Originally Posted by eidolon View Post
Hi,

Special Parole is a modified version of parole. Basically it means that there will be stricter rules put on them when they leave - at least at the start. Let me see if I can explain.

In most cases people are sentenced to a time in jail followed by probation. If a person in that instance is given parole they spend time on parole followed by the remaining time on probation (normally probation time starts running when regular parole time starts). Many times, when someone has probation they have a portion of their sentence still hanging over their heads (called the suspended portion of the sentence).

If a person is on probation they can be sent back to finish their sentence, or can be given a new sentence for violating the rules. In that case they must be taken in front of a judge at court and the judge determines if a violation occurred and what penalty is appropriate. The problem with suspended years hanging over a person's head is that the time does not disappear until all of the probation is complete. As an example, take a person sentenced to 5 years suspended after 2 with 10 years of probation. They get out after 2 years and start probation. If they get "violated" on probation rules on the last day of that 10 years the judge could sentence them to the 3 suspended years. This is an extreme example but shows what could happen.

Parole is very different from probation in that if they think you have violated the rules for parole they can just slap the cuffs on you and take you back to prison (either regular parole or special parole). If that happens you get a Revocation/Rescission hearing by DOC where they determine how much time you have to serve of your sentence before you get let out again. That hearing could take months to convene. How much time you have to stay depends on how badly you violated the rules.

Special Parole is a tighter version of parole. When they first get out they will probably be required to take programs, see the PO every week, take constant drug tests, and have the PO drop by at unexpected times. Typically, just like on the other release types, over time the "trust" is built up and the person gets more and more rights restored - less heavy handed interference.

Usually someone sentenced to Special Parole does not have suspended time hanging over their heads. They can still be sent back to prison for violating the rules, but each day they are out is one day less that they can be sent back for. So, if a person has 3 years of special parole and is violated after 2 months they could be sent back for 2 years, 10 months. But if they are violated after 35 months out, the most they could be sent back for is 1 month. So there is an small advantage.

Before I was exonerated I was facing a lot of years of Special Parole. I knew quite a few guys in the same boat. Some left and didn't come back, some left and were back within a few months. A lot of that depends on the guy and how they handle themselves when out. It also depends on who they get for their PO. If they get one who feels their job is to find reasons to "violate" people (as opposed to the ones who think they should help guys readjust and get their lives moving forward), then the going can be tough.

I'll leave you with the fact that most (but not all) of the guys that came back on Special Parole came back for 90-120 days and were then released again.

Hope this helps.

Thank you so much! J hears from some people that special parole is nothing and is a lot less strict than regular parole, where I had heard the opposite. He just needs to do what he has to do and get these three years over with. Have you heard of people getting their special parole sentence modified? He said his lawyer told him once he finished his 3 years in jail and started his 3 years special parole he could get the sentence modified. Any thoughts???

He has 73 more days until he starts the special parole and I just want as much information as possible!
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Old 05-03-2012, 06:25 AM
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Default Not Sure

I am not sure how Special Parole can be modified. I know that probation can be by going to the judge and asking, but I am not sure about special parole. The people I know who were going after modifications while on probation were told to wait a year and not get in any trouble - then they would go to the judge and ask for the modification. I have not heard of anyone on special parole doing that - but my experience in that area is limited. I'd check with his lawyer and get a definitive answer. I know that sometimes lawyers are confused with what special parole really is....but - the bottom line is he's coming home!!
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Old 05-21-2012, 11:41 AM
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Special parole can be be modified but its a hard thing to get accomplished and you have to be on parole for sometime and prove that you are doing well. I would tell your man to just focus on getting out and doing the right thing so that he does not go back in. That should be the MOST important thing right now. I am a paralegal who specializes in parole and aftercare for inmates in CT so if you have any questions or anything you can email me suydamlegal@gmail.com. I wish you and your man the best of luck.
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Old 06-09-2012, 08:52 PM
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Quote:
Originally Posted by rsuydam5
Special parole can be be modified but its a hard thing to get accomplished and you have to be on parole for sometime and prove that you are doing well. I would tell your man to just focus on getting out and doing the right thing so that he does not go back in. That should be the MOST important thing right now. I am a paralegal who specializes in parole and aftercare for inmates in CT so if you have any questions or anything you can email me suydamlegal@gmail.com. I wish you and your man the best of luck.
Thank you! Yes his main focus is coming home and not going back. He will be home in a couple weeks and already has a job lined up! So hopefully he can keep his head on straight!!
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