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Old 08-15-2018, 11:15 AM
mssirois2u mssirois2u is offline
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Default Detainer Texas / Time Oklahoma

J.W was taken to Texas in Feb, 2017 charged 2/17/2017, sentenced to 9 yrs 2/24/17,to run CC with Oklahoma charges of 8 yrs. time started 4/22/16 for Okla., Now comes time for release in Oct 2018.
Not sure why but Texas has a detainer on him. I spoke with Texas and they said he has to parole out of Texas and will have to do a interstate compact to come back??
Any thoughts on this? If Texas is running CC with Okla. Why would not just release out of Okla? TY in advance!
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Old 08-15-2018, 02:20 PM
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Nickel Timer Nickel Timer is offline
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Let me see if I understand this right... he paroles out of Texas in October of this year? Then they plan to transfer him to Oklahoma so he can finish his time there for a concurrent sentence, then once he paroles or tops out there in Oklahoma they want to bring him back to Texas to face a detainer for...?

Does he have a warrant for a new charge in Texas or something? I would think that might be something he could work with an attorney to try to get settled before he transfers up to Oklahoma. That way if he can get the time started on that new charge, run concurrent with Oklahoma as well, he wouldn't have to face any more time after getting out of Oklahoma, by having to come back to Texas to start the clock on that new charge after.

If that makes sense? (I know this sounds like a convoluted situation...)

Last edited by Nickel Timer; 08-15-2018 at 02:23 PM..
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Old 08-15-2018, 04:13 PM
mssirois2u mssirois2u is offline
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Its a mess! Sorry, for confusion ! He was in Oklahoma 4/2016 doing time, got 8 yrs, also had a charge in Texas, does writ goes to Texas, 2/17, got charged 9 yrs. Back in Okla. now and release date for Okla 10/18 sometime. I spoke with a lady who said YES Tx has a detainer, and they will come get him and he has a parole hearing 3/19 in tx. And to have him do a instate compact NOW, asap, because it takes 6/8 months to get it thru. If he makes parole in 3/19 they will release, if not he'll finish his time in tx. They do not give earned credits like okla. does so he'll do 1 for 1 then. But he will get time served for the time he has been in Oklahoma. Really a sad deal, sounds to me like he's stuck. All of this because he wanted to play with drugs. Now he'll have to do the time. God willing he make 's parole in Texas!!
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Old 08-15-2018, 07:35 PM
CenTexLyn CenTexLyn is offline
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The ONLY thing that concurrent means is that a day in one State will be credited against a sentence in the jurisdiction. It DOES NOT mean that a release in one jurisdiction obligates another to ALSO release the individual.

In this case, he has a sentence in Oklahoma. If a release decision has been recorded there, then he still has to have a release decision in Texas before he will be breathing fresh air. And until such time as that favorable vote is recorded, Texas wants to ensure that their hold is in place.

In this case, with the reference to drug use, without the involvement of competent counsel, there is likely going to be a series of denials without an ability to place him into in-prison programming.

The return to Oklahoma will require that, after a release from TDCJ, the State of Oklahoma agrees to accept him for supervision. Texas is not going to process the application for Compact until such time as the Board has recorded a favorable vote.

It is also clear that whoever you spoke to does not know jack about time calculations. Good time accumulates in EVERY case. It applies to release considerations in SOME cases. It does not reduce the overall time that will be owed though. We tried that until the mid-70's and it does not work. That was when we created mandatory supervision, which ensures a period of supervision following a release from custodial status.
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