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Arizona Parole, Probation, Work Release & Community Service All information relating to parole, probation, work release and community service in the State of Arizona.

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  #1  
Old 03-28-2017, 08:18 PM
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Default Brother was sentenced flat time in Arizona - now they are giving him parole

Hi everyone i am hoping that someone can point me in the right direction and possibly who to contact in resolving this issue, my brother is currently incarcerated in Arizona. when he was sentenced it was to do 100% of his time and not the standard 85%. He is now coming upon his release and they are now saying he is being released on parole for 2 years. He had one charge that was sentenced 15 years 9 months and another for 11 year 3 months. I have court transcripts of the conversation between my brothers lawyer and judge that the sentences would be run concurrent and that he would do 100% flat time. Any help would be greatly appreciated. Thank you
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Old 03-29-2017, 09:36 PM
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I have absolutely no knowledge of the Arizona system, so I would suggest that you do some research. If yours is one of the states that has parole tacked onto every sentence, then yep, he will do parole. Some states tack parole on the end of every sentence, even if it's done day for day, some start parole at 85% of the sentence, others at 50%.
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Old 03-30-2017, 09:01 AM
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Originally Posted by alpha_86 View Post
Hi everyone i am hoping that someone can point me in the right direction and possibly who to contact in resolving this issue, my brother is currently incarcerated in Arizona. when he was sentenced it was to do 100% of his time and not the standard 85%. He is now coming upon his release and they are now saying he is being released on parole for 2 years. He had one charge that was sentenced 15 years 9 months and another for 11 year 3 months. I have court transcripts of the conversation between my brothers lawyer and judge that the sentences would be run concurrent and that he would do 100% flat time. Any help would be greatly appreciated. Thank you
Let me make sure I understand the context here.

Did he serve 15 years, 9 months?

Or is this an earlier release than anticipated?

I believe that Arizona may require inmates to serve a period of supervised parole after serving prison time, even "flat time."
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Old 03-30-2017, 01:06 PM
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Let me make sure I understand the context here.

Did he serve 15 years, 9 months?

Or is this an earlier release than anticipated?

I believe that Arizona may require inmates to serve a period of supervised parole after serving prison time, even "flat time."
Yes, on May 11th he will have served all his time 15 years and 9 months. Having parole at the end of a flat time sentence is giving him more time. regardless of how you look at it, yes he is out and not in prison but lets say he violated and its not something that brings up another charge they would send him back to finish time that technically doesn't exist. and if parole is a requirement at the end of the sentence where is this statute? it must be written somewhere.
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Old 03-30-2017, 01:10 PM
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Yes, on May 11th he will have served all his time 15 years and 9 months. Having parole at the end of a flat time sentence is giving him more time. regardless of how you look at it, yes he is out and not in prison but lets say he violated and its not something that brings up another charge they would send him back to finish time that technically doesn't exist. and if parole is a requirement at the end of the sentence where is this statute? it must be written somewhere.
Not as familiar with Arizona State Law. I understand your take on it, but whether pronounced in court or not, there may be a law on the books that requires a period of supervised parole. Here in California even if someone maxes out, a parole violation means additional time to serve for that violation. I'd imagine Arizona has some similar scale if that is indeed the case.

Hopefully someone with a little more knowledge of the Arizona system can provide some more specific insight...
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Old 03-30-2017, 01:38 PM
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Why would you not just contact his co3 and get some guidance they can point you in the right direction if it's a mistake if it's not who or where you would contact for more info or he could ask those sameness questions in there himself to other guys they would also know and then he'd be able to fill you in as in sure others have experienced this
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Old 03-30-2017, 01:46 PM
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[quote=Mjc916;7614283]Why would you not just contact his co3 and get some guidance they can point you in the right direction if it's a mistake if it's not who or where you would contact for more info or he could ask those sameness questions in there himself to other guys they would also know and then he'd be able to fill you in as in sure others have experienced this[/QUO

He Has already exhausted all the options he is capable of pursuing. The CO4 told him that he is getting parole because they didn't check a box? My brother asked him what box he told him "the box on the form". Basically he is getting no help in their.
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Old 03-30-2017, 02:44 PM
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[quote=alpha_86;7614287]
Quote:
Originally Posted by Mjc916 View Post
Why would you not just contact his co3 and get some guidance they can point you in the right direction if it's a mistake if it's not who or where you would contact for more info or he could ask those sameness questions in there himself to other guys they would also know and then he'd be able to fill you in as in sure others have experienced this[/QUO



He Has already exhausted all the options he is capable of pursuing. The CO4 told him that he is getting parole because they didn't check a box? My brother asked him what box he told him "the box on the form". Basically he is getting no help in their.


Sounds like the CO4 isn't being helpful at all. Maybe getting the sentencing paperwork from the court could shed some light on what they mean about a box not being checked?

And by the way, while the parole issue is a headache, I am happy to hear that your brother at least finally gets to come home. My girl came home 3+ months ago herself. My best wishes to him and to your family as you all prepare for the transition and the homecoming.
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Old 03-30-2017, 03:21 PM
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[quote=missingdee;7614309]
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Originally Posted by alpha_86 View Post



Sounds like the CO4 isn't being helpful at all. Maybe getting the sentencing paperwork from the court could shed some light on what they mean about a box not being checked?

And by the way, while the parole issue is a headache, I am happy to hear that your brother at least finally gets to come home. My girl came home 3+ months ago herself. My best wishes to him and to your family as you all prepare for the transition and the homecoming.
Yeah he is not being helpful at all and i have all the sentencing paperwork i have no idea what box he is talking about. but i did get some help on the general part of this forum. Apparently flat time really means nothing you still end up with supervision per a statute from 1996 whether its 85% or flat time. Thank you for your help and the wishes it is much appreciated.
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Old 03-31-2017, 08:39 PM
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Have you tried asking an attorney?
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Old 04-01-2017, 07:00 AM
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The answers will be found by looking at the law in place at the time of sentencing. Then from there, you look at revisions to the statutes in the years that followed to see if any manner of post-release supervision has been added and applied retroactively.

You also have to look at the sentencing documents...given the reference to a box not being checked, that tells me that there is likely something on those documents that was not properly completed. Whether the sentencing court has the jurisdiction to modify the document at this late date will be driven by State criminal procedure.
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Old 04-01-2017, 07:23 AM
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The "box not being checked" comment is one they use frequently in AZ when the CO3 doesn't know the answer.
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Old 04-12-2017, 03:31 PM
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alpha_86 did you ever find out about this?
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Old 04-12-2017, 03:52 PM
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alpha_86 did you ever find out about this?
No not really its impossible to get a hold of anyone at central office. i have emailed, left voice mails and numerous unanswered calls. just waiting until my brother gets released now, unfortunately i cant talk to him at the moment as he lost phone privileges right around the time we got hit with all this. I could not find anything in his paper work stating no community supervision or anything of that nature which i figure would need to be stated somewhere, we were all just fixated on "flat time" and assuming that meant when he was out he was done.
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Old 04-12-2017, 03:54 PM
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I know it's got to be frustrating.
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Old 04-12-2017, 03:54 PM
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Sorry to hear that. It is really hard to get anybody to answer or return calls.
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Old 04-12-2017, 04:00 PM
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I know it's got to be frustrating.
Yeah it was really stressing me out at first and I am not really the type that stresses. so i had to gather my thoughts and realize we just have to take it day by day. At the moment just sucks that i cant talk to my brother, I hope someone has helped him understand by now because i can only imagine where his mind is at with all this and not getting answers.
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Old 04-12-2017, 04:05 PM
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My husband has been in the hole and on LOP since Feb 13th so I definitely understand the frustration of not being able to talk on the phone. You may be able to go visit him on a non-contact day if you are interested. Just call the facility and ask. Many times they lose privileged but not visits.
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Old 05-04-2017, 01:25 AM
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Cool flat time question

I would contact Central office in downtown phoenix, az. I had to do that for one of my family members bcuz he was also sentenced to do flat time and the system had showed him doing. The 85%..so after I contacted central office the time comp department, they corrected it and then the online system was updated. Hope this helped and sorry, wish I would've seen this sooner.
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Old 05-04-2017, 08:39 AM
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I would contact Central office in downtown phoenix, az. I had to do that for one of my family members bcuz he was also sentenced to do flat time and the system had showed him doing. The 85%..so after I contacted central office the time comp department, they corrected it and then the online system was updated. Hope this helped and sorry, wish I would've seen this sooner.
Thanks for the reply. Getting ahold of central office is damn near impossible, I couldn't begin to tell you how many voicemails and emails I have left. But he will be getting out next Thursday so we will see what happens. Question for you though? Do you recall if your family members paperwork said anything about not having to do community supervision at the end of the sentence?
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Old 05-05-2017, 12:42 AM
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No it did not say anything about that.. he didn't want to come out and be on paper at all. So there wasn't anything like that. And yes, I know how difficult it is to get ahold of someone at central office, I have two family members and my fiance in the system so believe me patience ain't even a thought anymore. We can just try our best to do what we can..Hope everything works out well for you and your LO.

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Old 05-05-2017, 04:32 PM
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Hubby is sitting next to me and I asked him about this... He says that you are always released with a parole tale... Whether 85% or flat. One day for every 7 you're incarcerated.
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Old 05-05-2017, 04:35 PM
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Hubby is sitting next to me and I asked him about this... He says that you are always released with a parole tale... Whether 85% or flat. One day for every 7 you're incarcerated.
Yep...that's the law. Everyone in AZ sentenced after 94 gets supervised release.
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Old 05-06-2017, 01:38 AM
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You can also refer to corrections.az.gov/release-types.
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